Bill Text: IL HB2547 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends various Acts by replacing all references to the "Department of Veterans' Affairs" with "Department of Veterans Affairs". Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-04 - Filed with the Clerk by Rep. Stephanie A. Kifowit [HB2547 Detail]
Download: Illinois-2025-HB2547-Introduced.html
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1 | AN ACT concerning the Illinois Department of Veterans | |||||||||||||||||||
2 | Affairs.
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3 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
4 | represented in the General Assembly:
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5 | Section 5. The State Employee Indemnification Act is | |||||||||||||||||||
6 | amended by changing Sections 1 and 2 as follows:
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7 | (5 ILCS 350/1) (from Ch. 127, par. 1301) | |||||||||||||||||||
8 | Sec. 1. Definitions. For the purpose of this Act: | |||||||||||||||||||
9 | (a) The term "State" means the State of Illinois, the | |||||||||||||||||||
10 | General Assembly, the court, or any State office, department, | |||||||||||||||||||
11 | division, bureau, board, commission, or committee, the | |||||||||||||||||||
12 | governing boards of the public institutions of higher | |||||||||||||||||||
13 | education created by the State, the Illinois National Guard, | |||||||||||||||||||
14 | the Illinois State Guard, the Comprehensive Health Insurance | |||||||||||||||||||
15 | Board, any poison control center designated under the Poison | |||||||||||||||||||
16 | Control System Act that receives State funding, or any other | |||||||||||||||||||
17 | agency or instrumentality of the State. It does not mean any | |||||||||||||||||||
18 | local public entity as that term is defined in Section 1-206 of | |||||||||||||||||||
19 | the Local Governmental and Governmental Employees Tort | |||||||||||||||||||
20 | Immunity Act or a pension fund. | |||||||||||||||||||
21 | (b) The term "employee" means: any present or former | |||||||||||||||||||
22 | elected or appointed officer, trustee or employee of the | |||||||||||||||||||
23 | State, or of a pension fund; any present or former |
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1 | commissioner or employee of the Executive Ethics Commission or | ||||||
2 | of the Legislative Ethics Commission; any present or former | ||||||
3 | Executive, Legislative, or Auditor General's Inspector | ||||||
4 | General; any present or former employee of an Office of an | ||||||
5 | Executive, Legislative, or Auditor General's Inspector | ||||||
6 | General; any present or former member of the Illinois National | ||||||
7 | Guard while on active duty; any present or former member of the | ||||||
8 | Illinois State Guard while on State active duty; individuals | ||||||
9 | or organizations who contract with the Department of | ||||||
10 | Corrections, the Department of Juvenile Justice, the | ||||||
11 | Comprehensive Health Insurance Board, or the Department of | ||||||
12 | Veterans Veterans' Affairs to provide services; individuals or | ||||||
13 | organizations who contract with the Department of Human | ||||||
14 | Services (as successor to the Department of Mental Health and | ||||||
15 | Developmental Disabilities) to provide services including but | ||||||
16 | not limited to treatment and other services for sexually | ||||||
17 | violent persons; individuals or organizations who contract | ||||||
18 | with the Department of Military Affairs for youth programs; | ||||||
19 | individuals or organizations who contract to perform carnival | ||||||
20 | and amusement ride safety inspections for the Department of | ||||||
21 | Labor; individuals who contract with the Office of the State's | ||||||
22 | Attorneys Appellate Prosecutor to provide legal services, but | ||||||
23 | only when performing duties within the scope of the Office's | ||||||
24 | prosecutorial activities; individual representatives of or | ||||||
25 | designated organizations authorized to represent the Office of | ||||||
26 | State Long-Term Ombudsman for the Department on Aging; |
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1 | individual representatives of or organizations designated by | ||||||
2 | the Department on Aging in the performance of their duties as | ||||||
3 | adult protective services agencies or regional administrative | ||||||
4 | agencies under the Adult Protective Services Act; individuals | ||||||
5 | or organizations appointed as members of a review team or the | ||||||
6 | Advisory Council under the Adult Protective Services Act; | ||||||
7 | individuals or organizations who perform volunteer services | ||||||
8 | for the State where such volunteer relationship is reduced to | ||||||
9 | writing; individuals who serve on any public entity (whether | ||||||
10 | created by law or administrative action) described in | ||||||
11 | paragraph (a) of this Section; individuals or not for profit | ||||||
12 | organizations who, either as volunteers, where such volunteer | ||||||
13 | relationship is reduced to writing, or pursuant to contract, | ||||||
14 | furnish professional advice or consultation to any agency or | ||||||
15 | instrumentality of the State; individuals who serve as foster | ||||||
16 | parents for the Department of Children and Family Services | ||||||
17 | when caring for youth in care as defined in Section 4d of the | ||||||
18 | Children and Family Services Act; individuals who serve as | ||||||
19 | members of an independent team of experts under the | ||||||
20 | Developmental Disability and Mental Health Safety Act (also | ||||||
21 | known as Brian's Law); and individuals who serve as | ||||||
22 | arbitrators pursuant to Part 10A of Article II of the Code of | ||||||
23 | Civil Procedure and the rules of the Supreme Court | ||||||
24 | implementing Part 10A, each as now or hereafter amended; the | ||||||
25 | members of the Certification Review Panel under the Illinois | ||||||
26 | Police Training Act; the term "employee" does not mean an |
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1 | independent contractor except as provided in this Section. The | ||||||
2 | term includes an individual appointed as an inspector by the | ||||||
3 | Director of the Illinois State Police when performing duties | ||||||
4 | within the scope of the activities of a Metropolitan | ||||||
5 | Enforcement Group or a law enforcement organization | ||||||
6 | established under the Intergovernmental Cooperation Act. An | ||||||
7 | individual who renders professional advice and consultation to | ||||||
8 | the State through an organization which qualifies as an | ||||||
9 | "employee" under the Act is also an employee. The term | ||||||
10 | includes the estate or personal representative of an employee. | ||||||
11 | (c) The term "pension fund" means a retirement system or | ||||||
12 | pension fund created under the Illinois Pension Code. | ||||||
13 | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22; | ||||||
14 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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15 | (5 ILCS 350/2) (from Ch. 127, par. 1302) | ||||||
16 | Sec. 2. Representation and indemnification of State | ||||||
17 | employees. | ||||||
18 | (a) In the event that any civil proceeding is commenced | ||||||
19 | against any State employee arising out of any act or omission | ||||||
20 | occurring within the scope of the employee's State employment, | ||||||
21 | the Attorney General shall, upon timely and appropriate notice | ||||||
22 | to him by such employee, appear on behalf of such employee and | ||||||
23 | defend the action. In the event that any civil proceeding is | ||||||
24 | commenced against any physician who is an employee of the | ||||||
25 | Department of Corrections or the Department of Human Services |
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1 | (in a position relating to the Department's mental health and | ||||||
2 | developmental disabilities functions) alleging death or bodily | ||||||
3 | injury or other injury to the person of the complainant | ||||||
4 | resulting from and arising out of any act or omission | ||||||
5 | occurring on or after December 3, 1977 within the scope of the | ||||||
6 | employee's State employment, or against any physician who is | ||||||
7 | an employee of the Department of Veterans Veterans' Affairs | ||||||
8 | alleging death or bodily injury or other injury to the person | ||||||
9 | of the complainant resulting from and arising out of any act or | ||||||
10 | omission occurring on or after the effective date of this | ||||||
11 | amendatory Act of 1988 within the scope of the employee's | ||||||
12 | State employment, or in the event that any civil proceeding is | ||||||
13 | commenced against any attorney who is an employee of the State | ||||||
14 | Appellate Defender alleging legal malpractice or for other | ||||||
15 | damages resulting from and arising out of any legal act or | ||||||
16 | omission occurring on or after December 3, 1977, within the | ||||||
17 | scope of the employee's State employment, or in the event that | ||||||
18 | any civil proceeding is commenced against any individual or | ||||||
19 | organization who contracts with the Department of Labor to | ||||||
20 | provide services as a carnival and amusement ride safety | ||||||
21 | inspector alleging malpractice, death or bodily injury or | ||||||
22 | other injury to the person arising out of any act or omission | ||||||
23 | occurring on or after May 1, 1985, within the scope of that | ||||||
24 | employee's State employment, the Attorney General shall, upon | ||||||
25 | timely and appropriate notice to him by such employee, appear | ||||||
26 | on behalf of such employee and defend the action. Any such |
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1 | notice shall be in writing, shall be mailed within 15 days | ||||||
2 | after the date of receipt by the employee of service of | ||||||
3 | process, and shall authorize the Attorney General to represent | ||||||
4 | and defend the employee in the proceeding. The giving of this | ||||||
5 | notice to the Attorney General shall constitute an agreement | ||||||
6 | by the State employee to cooperate with the Attorney General | ||||||
7 | in his defense of the action and a consent that the Attorney | ||||||
8 | General shall conduct the defense as he deems advisable and in | ||||||
9 | the best interests of the employee, including settlement in | ||||||
10 | the Attorney General's discretion. In any such proceeding, the | ||||||
11 | State shall pay the court costs and litigation expenses of | ||||||
12 | defending such action, to the extent approved by the Attorney | ||||||
13 | General as reasonable, as they are incurred. | ||||||
14 | (b) In the event that the Attorney General determines that | ||||||
15 | so appearing and defending an employee either (1) involves an | ||||||
16 | actual or potential conflict of interest, or (2) that the act | ||||||
17 | or omission which gave rise to the claim was not within the | ||||||
18 | scope of the employee's State employment or was intentional, | ||||||
19 | wilful or wanton misconduct, the Attorney General shall | ||||||
20 | decline in writing to appear or defend or shall promptly take | ||||||
21 | appropriate action to withdraw as attorney for such employee. | ||||||
22 | Upon receipt of such declination or upon such withdrawal by | ||||||
23 | the Attorney General on the basis of an actual or potential | ||||||
24 | conflict of interest, the State employee may employ his own | ||||||
25 | attorney to appear and defend, in which event the State shall | ||||||
26 | pay the employee's court costs, litigation expenses and |
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1 | attorneys' fees to the extent approved by the Attorney General | ||||||
2 | as reasonable, as they are incurred. In the event that the | ||||||
3 | Attorney General declines to appear or withdraws on the | ||||||
4 | grounds that the act or omission was not within the scope of | ||||||
5 | employment, or was intentional, wilful or wanton misconduct, | ||||||
6 | and a court or jury finds that the act or omission of the State | ||||||
7 | employee was within the scope of employment and was not | ||||||
8 | intentional, wilful or wanton misconduct, the State shall | ||||||
9 | indemnify the State employee for any damages awarded and court | ||||||
10 | costs and attorneys' fees assessed as part of any final and | ||||||
11 | unreversed judgment. In such event the State shall also pay | ||||||
12 | the employee's court costs, litigation expenses and attorneys' | ||||||
13 | fees to the extent approved by the Attorney General as | ||||||
14 | reasonable. | ||||||
15 | In the event that the defendant in the proceeding is an | ||||||
16 | elected State official, including members of the General | ||||||
17 | Assembly, the elected State official may retain his or her | ||||||
18 | attorney, provided that said attorney shall be reasonably | ||||||
19 | acceptable to the Attorney General. In such case the State | ||||||
20 | shall pay the elected State official's court costs, litigation | ||||||
21 | expenses, and attorneys' fees, to the extent approved by the | ||||||
22 | Attorney General as reasonable, as they are incurred. | ||||||
23 | (b-5) The Attorney General may file a counterclaim on | ||||||
24 | behalf of a State employee, provided: | ||||||
25 | (1) the Attorney General determines that the State | ||||||
26 | employee is entitled to representation in a civil action |
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1 | under this Section; | ||||||
2 | (2) the counterclaim arises out of any act or omission | ||||||
3 | occurring within the scope of the employee's State | ||||||
4 | employment that is the subject of the civil action; and | ||||||
5 | (3) the employee agrees in writing that if judgment is | ||||||
6 | entered in favor of the employee, the amount of the | ||||||
7 | judgment shall be applied to offset any judgment that may | ||||||
8 | be entered in favor of the plaintiff, and then to | ||||||
9 | reimburse the State treasury for court costs and | ||||||
10 | litigation expenses required to pursue the counterclaim. | ||||||
11 | The balance of the collected judgment shall be paid to the | ||||||
12 | State employee. | ||||||
13 | (c) Notwithstanding any other provision of this Section, | ||||||
14 | representation and indemnification of a judge under this Act | ||||||
15 | shall also be provided in any case where the plaintiff seeks | ||||||
16 | damages or any equitable relief as a result of any decision, | ||||||
17 | ruling or order of a judge made in the course of his or her | ||||||
18 | judicial or administrative duties, without regard to the | ||||||
19 | theory of recovery employed by the plaintiff. Indemnification | ||||||
20 | shall be for all damages awarded and all court costs, attorney | ||||||
21 | fees and litigation expenses assessed against the judge. When | ||||||
22 | a judge has been convicted of a crime as a result of his or her | ||||||
23 | intentional judicial misconduct in a trial, that judge shall | ||||||
24 | not be entitled to indemnification and representation under | ||||||
25 | this subsection in any case maintained by a party who seeks | ||||||
26 | damages or other equitable relief as a direct result of the |
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1 | judge's intentional judicial misconduct. | ||||||
2 | (d) In any such proceeding where notice in accordance with | ||||||
3 | this Section has been given to the Attorney General, unless | ||||||
4 | the court or jury finds that the conduct or inaction which gave | ||||||
5 | rise to the claim or cause of action was intentional, wilful or | ||||||
6 | wanton misconduct and was not intended to serve or benefit | ||||||
7 | interests of the State, the State shall indemnify the State | ||||||
8 | employee for any damages awarded and court costs and | ||||||
9 | attorneys' fees assessed as part of any final and unreversed | ||||||
10 | judgment, or shall pay such judgment. Unless the Attorney | ||||||
11 | General determines that the conduct or inaction which gave | ||||||
12 | rise to the claim or cause of action was intentional, wilful or | ||||||
13 | wanton misconduct and was not intended to serve or benefit | ||||||
14 | interests of the State, the case may be settled, in the | ||||||
15 | Attorney General's discretion and with the employee's consent, | ||||||
16 | and the State shall indemnify the employee for any damages, | ||||||
17 | court costs and attorneys' fees agreed to as part of the | ||||||
18 | settlement, or shall pay such settlement. Where the employee | ||||||
19 | is represented by private counsel, any settlement must be so | ||||||
20 | approved by the Attorney General and the court having | ||||||
21 | jurisdiction, which shall obligate the State to indemnify the | ||||||
22 | employee. | ||||||
23 | (e) (i) Court costs and litigation expenses and other | ||||||
24 | costs of providing a defense or counterclaim, including | ||||||
25 | attorneys' fees obligated under this Section, shall be paid | ||||||
26 | from the State Treasury on the warrant of the Comptroller out |
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1 | of appropriations made to the Department of Central Management | ||||||
2 | Services specifically designed for the payment of costs, fees | ||||||
3 | and expenses covered by this Section. | ||||||
4 | (ii) Upon entry of a final judgment against the employee, | ||||||
5 | or upon the settlement of the claim, the employee shall cause | ||||||
6 | to be served a copy of such judgment or settlement, personally | ||||||
7 | or by certified or registered mail within thirty days of the | ||||||
8 | date of entry or settlement, upon the chief administrative | ||||||
9 | officer of the department, office or agency in which he is | ||||||
10 | employed. If not inconsistent with the provisions of this | ||||||
11 | Section, such judgment or settlement shall be certified for | ||||||
12 | payment by such chief administrative officer and by the | ||||||
13 | Attorney General. The judgment or settlement shall be paid | ||||||
14 | from the State Treasury on the warrant of the Comptroller out | ||||||
15 | of appropriations made to the Department of Central Management | ||||||
16 | Services specifically designed for the payment of claims | ||||||
17 | covered by this Section. | ||||||
18 | (f) Nothing contained or implied in this Section shall | ||||||
19 | operate, or be construed or applied, to deprive the State, or | ||||||
20 | any employee thereof, of any defense heretofore available. | ||||||
21 | (g) This Section shall apply regardless of whether the | ||||||
22 | employee is sued in his or her individual or official | ||||||
23 | capacity. | ||||||
24 | (h) This Section shall not apply to claims for bodily | ||||||
25 | injury or damage to property arising from motor vehicle | ||||||
26 | crashes. |
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1 | (i) This Section shall apply to all proceedings filed on | ||||||
2 | or after its effective date, and to any proceeding pending on | ||||||
3 | its effective date, if the State employee gives notice to the | ||||||
4 | Attorney General as provided in this Section within 30 days of | ||||||
5 | the Act's effective date. | ||||||
6 | (j) The amendatory changes made to this Section by this | ||||||
7 | amendatory Act of 1986 shall apply to all proceedings filed on | ||||||
8 | or after the effective date of this amendatory Act of 1986 and | ||||||
9 | to any proceeding pending on its effective date, if the State | ||||||
10 | employee gives notice to the Attorney General as provided in | ||||||
11 | this Section within 30 days of the effective date of this | ||||||
12 | amendatory Act of 1986. | ||||||
13 | (k) This Act applies to all State officials who are | ||||||
14 | serving as trustees, or their appointing authorities, of a | ||||||
15 | clean energy community trust or as members of a not-for-profit | ||||||
16 | foundation or corporation established pursuant to Section | ||||||
17 | 16-111.1 of the Public Utilities Act. | ||||||
18 | (l) The State shall not provide representation for, nor | ||||||
19 | shall it indemnify, any State employee in (i) any criminal | ||||||
20 | proceeding in which the employee is a defendant or (ii) any | ||||||
21 | criminal investigation in which the employee is the target. | ||||||
22 | Nothing in this Act shall be construed to prohibit the State | ||||||
23 | from providing representation to a State employee who is a | ||||||
24 | witness in a criminal matter arising out of that employee's | ||||||
25 | State employment. | ||||||
26 | (Source: P.A. 102-982, eff. 7-1-23 .)
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1 | Section 10. The State Services Assurance Act for FY2008 is | ||||||
2 | amended by changing Section 3-15 as follows:
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3 | (5 ILCS 382/3-15) | ||||||
4 | Sec. 3-15. Staffing standards. On or before July 1, 2008 | ||||||
5 | each named agency shall increase and maintain the number of | ||||||
6 | bilingual on-board frontline staff over the levels that it | ||||||
7 | maintained on June 30, 2007 as follows: | ||||||
8 | (1) The Department of Corrections shall have at least | ||||||
9 | 40 additional bilingual on-board frontline staff. | ||||||
10 | (2) Mental health and developmental centers operated | ||||||
11 | by the Department of Human Services shall have at least 20 | ||||||
12 | additional bilingual on-board frontline staff. | ||||||
13 | (3) Family and Community Resource Centers operated by | ||||||
14 | the Department of Human Services shall have at least 100 | ||||||
15 | additional bilingual on-board frontline staff. | ||||||
16 | (4) The Department of Children and Family Services | ||||||
17 | shall have at least 40 additional bilingual on-board | ||||||
18 | frontline staff. | ||||||
19 | (5) The Department of Veterans Veterans' Affairs shall | ||||||
20 | have at least 5 additional bilingual on-board frontline | ||||||
21 | staff. | ||||||
22 | (6) The Environmental Protection Agency shall have at | ||||||
23 | least 5 additional bilingual on-board frontline staff. | ||||||
24 | (7) The Department of Employment Security shall have |
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1 | at least 10 additional bilingual on-board frontline staff. | ||||||
2 | (8) The Department of Natural Resources shall have at | ||||||
3 | least 5 additional bilingual on-board frontline staff. | ||||||
4 | (9) The Department of Public Health shall have at | ||||||
5 | least 5 additional bilingual on-board frontline staff. | ||||||
6 | (10) The Illinois State Police shall have at least 5 | ||||||
7 | additional bilingual on-board frontline staff. | ||||||
8 | (11) The Department of Juvenile Justice shall have at | ||||||
9 | least 25 additional bilingual on-board frontline staff. | ||||||
10 | (Source: P.A. 102-538, eff. 8-20-21.)
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11 | Section 15. The Flag Display Act is amended by changing | ||||||
12 | Section 10 as follows:
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13 | (5 ILCS 465/10) | ||||||
14 | Sec. 10. Death of resident military member, law | ||||||
15 | enforcement officer, firefighter, or members of EMS crews. | ||||||
16 | (a) The Governor shall issue an official notice to fly the | ||||||
17 | following flags at half-staff upon the death of a resident of | ||||||
18 | this State killed (i) by hostile fire as a member of the United | ||||||
19 | States armed forces, (ii) in the line of duty as a law | ||||||
20 | enforcement officer, (iii) in the line of duty as a | ||||||
21 | firefighter, (iv) in the line of duty as a member of an | ||||||
22 | Emergency Medical Services (EMS) crew, or (v) during on duty | ||||||
23 | training for active military duty: the United States national | ||||||
24 | flag, the State flag of Illinois, and, in the case of the death |
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1 | of the member of the United States armed forces, the | ||||||
2 | appropriate military flag as defined in subsection (b) of | ||||||
3 | Section 18.6 of the Condominium Property Act and the Honor and | ||||||
4 | Remember Flag designated under Section 16 of this Act. Upon | ||||||
5 | the Governor's notice, each person or entity required by this | ||||||
6 | Act to ensure the display of the United States national flag on | ||||||
7 | a flagstaff shall ensure that the flags described in the | ||||||
8 | notice are displayed at half-staff on the day designated for | ||||||
9 | the resident's funeral and the 2 days preceding that day. | ||||||
10 | (b) The Department of Veterans Veterans' Affairs shall | ||||||
11 | notify the Governor of the death by hostile fire of an Illinois | ||||||
12 | resident member of the United States armed forces. In lieu of | ||||||
13 | notice being provided by the Department of Veterans Veterans' | ||||||
14 | Affairs, any other State or Federal entity, agency, or person | ||||||
15 | holding such information may notify the Governor of the death | ||||||
16 | by hostile fire of an Illinois resident member of the United | ||||||
17 | States armed forces. If such notice is provided to the | ||||||
18 | Governor by an entity, agency, or person other than the | ||||||
19 | Department of Veterans Veterans' Affairs, then the obligation | ||||||
20 | to notify the Governor of an Illinois resident soldier's death | ||||||
21 | under this subsection (b) shall be considered fulfilled. The | ||||||
22 | Illinois State Police shall notify the Governor of the death | ||||||
23 | in the line of duty of an Illinois resident law enforcement | ||||||
24 | officer. The Office of the State Fire Marshal shall notify the | ||||||
25 | Governor of the death in the line of duty of an Illinois | ||||||
26 | resident firefighter. The Department of Public Health shall |
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1 | notify the Governor of the death in the line of duty of an | ||||||
2 | Illinois resident member of an Emergency Medical Services | ||||||
3 | (EMS) crew. Notice to the Governor shall include at least the | ||||||
4 | resident's name and Illinois address, the date designated for | ||||||
5 | the funeral, and the circumstances of the death. | ||||||
6 | (c) For the purpose of this Section, the United States | ||||||
7 | armed forces includes: (i) the United States Army, Navy, | ||||||
8 | Marine Corps, Air Force, Space Force, and Coast Guard; (ii) | ||||||
9 | any reserve component of each of the forces listed in item (i); | ||||||
10 | and (iii) the National Guard. | ||||||
11 | (d) Nothing in this Section requires the removal or | ||||||
12 | relocation of any existing flags currently displayed in the | ||||||
13 | State. This Section does not apply to a State facility if the | ||||||
14 | requirements of this Section cannot be satisfied without a | ||||||
15 | physical modification to that facility. | ||||||
16 | (Source: P.A. 102-538, eff. 8-20-21; 103-409, eff. 1-1-24; | ||||||
17 | 103-746, eff. 1-1-25 .)
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18 | Section 20. The Executive Order 1 (2012) Implementation | ||||||
19 | Act is amended by changing Sections 15, 25, 30, 35, 55, and 65 | ||||||
20 | as follows:
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21 | (15 ILCS 16/15) | ||||||
22 | Sec. 15. Transfer back of State healthcare purchasing | ||||||
23 | functions transferred by Executive Order 3 (2005). | ||||||
24 | (a) On the date 6 months after the effective date of this |
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1 | Act or as soon thereafter as practical, all of the powers, | ||||||
2 | duties, rights, and responsibilities related to State | ||||||
3 | healthcare purchasing that were transferred from the | ||||||
4 | Department of Central Management Services, the Department of | ||||||
5 | Corrections, the Department of Human Services, and the | ||||||
6 | Department of Veterans' Affairs (now the Department of | ||||||
7 | Veterans Affairs) to the Department of Healthcare and Family | ||||||
8 | Services by Executive Order 3 (2005) are transferred back to | ||||||
9 | the Departments from which those powers, duties, rights, and | ||||||
10 | responsibilities were transferred; however, powers, duties, | ||||||
11 | rights, and responsibilities related to State healthcare | ||||||
12 | purchasing that were exercised by the Department of | ||||||
13 | Corrections before the effective date of Executive Order 3 | ||||||
14 | (2005) but that pertain to individuals resident in facilities | ||||||
15 | operated by the Department of Juvenile Justice are transferred | ||||||
16 | to the Department of Juvenile Justice. | ||||||
17 | (b) The functions associated with State healthcare | ||||||
18 | purchasing that are transferred from the Department of | ||||||
19 | Healthcare and Family Services under this Section include, | ||||||
20 | without limitation, the following: | ||||||
21 | (1) Rate development and negotiation with hospitals, | ||||||
22 | physicians, and managed care providers. | ||||||
23 | (2) Health care procurement development. | ||||||
24 | (3) Contract implementation and fiscal monitoring. | ||||||
25 | (4) Contract amendments. | ||||||
26 | (5) Payment processing. |
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1 | (6) Purchasing aspects of health care plans | ||||||
2 | administered by the State on behalf of the following: | ||||||
3 | (A) State employees. These healthcare purchasing | ||||||
4 | functions include the following health care plans: | ||||||
5 | quality care health plan; managed care health plan; | ||||||
6 | vision plan; pharmacy benefits plan; dental plan; | ||||||
7 | behavioral health plan; employee assistance plan; | ||||||
8 | utilization management plan; and SHIPs and various | ||||||
9 | subrogation agreements. These healthcare purchasing | ||||||
10 | functions also include the purchasing and | ||||||
11 | administration of flu shots, hepatitis B vaccinations, | ||||||
12 | and tuberculosis tests. | ||||||
13 | (B) Persons other than State employees. These | ||||||
14 | healthcare purchasing functions include the following | ||||||
15 | health care plans: the retired teachers' health | ||||||
16 | insurance plan under the State Employees Group | ||||||
17 | Insurance Act of 1971; the local government health | ||||||
18 | insurance plan under the State Employees Group | ||||||
19 | Insurance Act of 1971; the community colleges health | ||||||
20 | insurance plan under the State Employees Group | ||||||
21 | Insurance Act of 1971; the active teacher prescription | ||||||
22 | program; and the Illinois Prescription Drug Discount | ||||||
23 | Program. | ||||||
24 | (C) Residents of State-operated facilities, | ||||||
25 | including (i) correctional and youth facilities | ||||||
26 | operated by the Department of Corrections or the |
| |||||||
| |||||||
1 | Department of Juvenile Justice, (ii) mental health | ||||||
2 | centers and developmental centers operated by the | ||||||
3 | Department of Human Services, and (iii) veterans homes | ||||||
4 | operated by the Department of Veterans' Affairs (now | ||||||
5 | the Department of Veterans Affairs) . | ||||||
6 | (c) The powers, duties, rights, and responsibilities | ||||||
7 | vested in or associated with State healthcare purchasing are | ||||||
8 | not affected by this Act, except that all management and staff | ||||||
9 | support or other resources necessary to the operation of a | ||||||
10 | State healthcare purchasing function shall be provided by the | ||||||
11 | Department to which that function is transferred under this | ||||||
12 | Act. | ||||||
13 | (Source: P.A. 98-488, eff. 8-16-13.)
| ||||||
14 | (15 ILCS 16/25) | ||||||
15 | Sec. 25. Personnel transferred. | ||||||
16 | (a) Personnel and positions within the Department of | ||||||
17 | Healthcare and Family Services that are engaged in the | ||||||
18 | performance of State healthcare purchasing functions | ||||||
19 | transferred back to the Department of Central Management | ||||||
20 | Services are transferred to and shall continue their service | ||||||
21 | within the Department of Central Management Services. The | ||||||
22 | status and rights of those employees under the Personnel Code | ||||||
23 | are not affected by this Act. | ||||||
24 | (b) Personnel and positions of the Department of | ||||||
25 | Corrections, the Department of Juvenile Justice, the |
| |||||||
| |||||||
1 | Department of Human Services, and the Department of Veterans' | ||||||
2 | Affairs (now the Department of Veterans Affairs) were not in | ||||||
3 | fact transferred under Executive Order 3 (2005) and are not | ||||||
4 | affected by this Act. | ||||||
5 | (Source: P.A. 98-488, eff. 8-16-13.)
| ||||||
6 | (15 ILCS 16/30) | ||||||
7 | Sec. 30. Books and records transferred. All books, | ||||||
8 | records, papers, documents, property (real and personal), | ||||||
9 | contracts, and pending business pertaining to the powers, | ||||||
10 | duties, rights, and responsibilities related to any of the | ||||||
11 | State healthcare purchasing functions transferred under this | ||||||
12 | Act from the Department of Healthcare and Family Services to | ||||||
13 | the Department of Central Management Services, the Department | ||||||
14 | of Corrections, the Department of Juvenile Justice, the | ||||||
15 | Department of Human Services, and the Department of Veterans' | ||||||
16 | Affairs (now the Department of Veterans Affairs) , including, | ||||||
17 | but not limited to, material in electronic or magnetic format | ||||||
18 | and necessary computer hardware and software, shall be | ||||||
19 | delivered to the Department to which that State healthcare | ||||||
20 | purchasing function is transferred under this Act, provided | ||||||
21 | that the delivery of that information may not violate any | ||||||
22 | applicable confidentiality constraints. The access by | ||||||
23 | personnel of the Department of Central Management Services, | ||||||
24 | the Department of Corrections, the Department of Juvenile | ||||||
25 | Justice, the Department of Human Services, and the Department |
| |||||||
| |||||||
1 | of Veterans' Affairs (now the Department of Veterans Affairs) | ||||||
2 | to databases and electronic health information that are | ||||||
3 | currently maintained by the Department of Healthcare and | ||||||
4 | Family Services and that contain data and information | ||||||
5 | necessary to the performance of the State healthcare | ||||||
6 | purchasing functions shall continue in the same manner and | ||||||
7 | level of access as before the effective date of Executive | ||||||
8 | Order 1 (2012). Staff of the Department of Central Management | ||||||
9 | Services, the Department of Corrections, the Department of | ||||||
10 | Juvenile Justice, the Department of Human Services, and the | ||||||
11 | Department of Veterans' Affairs (now the Department of | ||||||
12 | Veterans Affairs) may work with staff of the Department of | ||||||
13 | Healthcare and Family Services to add new information relevant | ||||||
14 | to State healthcare purchasing functions. | ||||||
15 | (Source: P.A. 98-488, eff. 8-16-13.)
| ||||||
16 | (15 ILCS 16/35) | ||||||
17 | Sec. 35. Unexpended moneys transferred. | ||||||
18 | (a) With respect to the State healthcare purchasing | ||||||
19 | functions transferred under this Act, the Department of | ||||||
20 | Central Management Services is the successor agency to the | ||||||
21 | Department of Healthcare and Family Services under the | ||||||
22 | Successor Agency Act and Section 9b of the State Finance Act. | ||||||
23 | All unexpended appropriations and balances and other moneys | ||||||
24 | available for use in connection with any of the State | ||||||
25 | healthcare purchasing functions transferred from the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services to the Department | ||||||
2 | of Central Management Services are transferred for use by the | ||||||
3 | Department of Central Management Services for the exercise of | ||||||
4 | those functions pursuant to the direction of the Governor. | ||||||
5 | Unexpended balances so transferred shall be expended only for | ||||||
6 | the purpose for which the appropriations were originally made. | ||||||
7 | (b) Appropriations of the Department of Corrections, the | ||||||
8 | Department of Juvenile Justice, the Department of Human | ||||||
9 | Services, and the Department of Veterans' Affairs (now the | ||||||
10 | Department of Veterans Affairs) were not in fact transferred | ||||||
11 | under Executive Order 3 (2005) and are not affected by this | ||||||
12 | Act. | ||||||
13 | (Source: P.A. 98-488, eff. 8-16-13.)
| ||||||
14 | (15 ILCS 16/55) | ||||||
15 | Sec. 55. Agency officers; penalties. Every officer of the | ||||||
16 | Department of Central Management Services, the Department of | ||||||
17 | Corrections, the Department of Juvenile Justice, the | ||||||
18 | Department of Human Services, and the Department of Veterans' | ||||||
19 | Affairs (now the Department of Veterans Affairs) is, for any | ||||||
20 | offense, subject to the same penalty or penalties, civil or | ||||||
21 | criminal, as are prescribed by existing law for the same | ||||||
22 | offense by any officer whose powers or duties are transferred | ||||||
23 | under this Act. | ||||||
24 | (Source: P.A. 98-488, eff. 8-16-13.)
|
| |||||||
| |||||||
1 | (15 ILCS 16/65) | ||||||
2 | Sec. 65. Interagency agreements. To the extent necessary | ||||||
3 | or prudent to fully implement the intent of this Act, the | ||||||
4 | Department of Central Management Services, the Department of | ||||||
5 | Corrections, the Department of Human Services, the Department | ||||||
6 | of Juvenile Justice, the Department of Veterans' Affairs (now | ||||||
7 | the Department of Veterans Affairs) , and the Department of | ||||||
8 | Healthcare and Family Services may enter into one or more | ||||||
9 | interagency agreements to ensure the full and appropriate | ||||||
10 | transfer of all State healthcare purchasing functions | ||||||
11 | transferred from the Department of Healthcare and Family | ||||||
12 | Services under this Act. | ||||||
13 | (Source: P.A. 98-488, eff. 8-16-13.)
| ||||||
14 | Section 30. The Illinois Identification Card Act is | ||||||
15 | amended by changing Sections 5 and 11 as follows:
| ||||||
16 | (15 ILCS 335/5) | ||||||
17 | Sec. 5. Applications. | ||||||
18 | (a) Any natural person who is a resident of the State of | ||||||
19 | Illinois may file an application for an identification card, | ||||||
20 | or for the renewal thereof, in a manner prescribed by the | ||||||
21 | Secretary. Each original application shall be completed by the | ||||||
22 | applicant in full and shall set forth the legal name, | ||||||
23 | residence address and zip code, social security number, if the | ||||||
24 | person has a social security number, birth date, sex and a |
| |||||||
| |||||||
1 | brief description of the applicant. The applicant shall be | ||||||
2 | photographed, unless the Secretary of State has provided by | ||||||
3 | rule for the issuance of identification cards without | ||||||
4 | photographs and the applicant is deemed eligible for an | ||||||
5 | identification card without a photograph under the terms and | ||||||
6 | conditions imposed by the Secretary of State, and he or she | ||||||
7 | shall also submit any other information as the Secretary may | ||||||
8 | deem necessary or such documentation as the Secretary may | ||||||
9 | require to determine the identity of the applicant. In | ||||||
10 | addition to the residence address, the Secretary may allow the | ||||||
11 | applicant to provide a mailing address. If the applicant is an | ||||||
12 | employee of the Department of Children and Family Services | ||||||
13 | with a job title of "Child Protection Specialist Trainee", | ||||||
14 | "Child Protection Specialist", "Child Protection Advanced | ||||||
15 | Specialist", "Child Welfare Specialist Trainee", "Child | ||||||
16 | Welfare Specialist" , or "Child Welfare Advanced Specialist " or | ||||||
17 | a judicial officer as defined in Section 1-10 of the Judicial | ||||||
18 | Privacy Act or a peace officer, the applicant may elect to have | ||||||
19 | his or her office or work address in lieu of the applicant's | ||||||
20 | residence or mailing address. An applicant for an Illinois | ||||||
21 | Person with a Disability Identification Card must also submit | ||||||
22 | with each original or renewal application, on forms prescribed | ||||||
23 | by the Secretary, such documentation as the Secretary may | ||||||
24 | require, establishing that the applicant is a "person with a | ||||||
25 | disability" as defined in Section 4A of this Act, and setting | ||||||
26 | forth the applicant's type and class of disability as set |
| |||||||
| |||||||
1 | forth in Section 4A of this Act. For the purposes of this | ||||||
2 | subsection (a), "peace officer" means any person who by virtue | ||||||
3 | of his or her office or public employment is vested by law with | ||||||
4 | a duty to maintain public order or to make arrests for a | ||||||
5 | violation of any penal statute of this State, whether that | ||||||
6 | duty extends to all violations or is limited to specific | ||||||
7 | violations. | ||||||
8 | (a-5) Upon the first issuance of a request for proposals | ||||||
9 | for a digital driver's license and identification card | ||||||
10 | issuance and facial recognition system issued after January 1, | ||||||
11 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
12 | implementation of a new or revised system procured pursuant to | ||||||
13 | that request for proposals, the Secretary shall permit | ||||||
14 | applicants to choose between "male", "female", or "non-binary" | ||||||
15 | when designating the applicant's sex on the identification | ||||||
16 | card application form. The sex designated by the applicant | ||||||
17 | shall be displayed on the identification card issued to the | ||||||
18 | applicant. | ||||||
19 | (b) Beginning on or before July 1, 2015, for each original | ||||||
20 | or renewal identification card application under this Act, the | ||||||
21 | Secretary shall inquire as to whether the applicant is a | ||||||
22 | veteran for purposes of issuing an identification card with a | ||||||
23 | veteran designation under subsection (c-5) of Section 4 of | ||||||
24 | this Act. The acceptable forms of proof shall include, but are | ||||||
25 | not limited to, Department of Defense form DD-214, Department | ||||||
26 | of Defense form DD-256 for applicants who did not receive a |
| |||||||
| |||||||
1 | form DD-214 upon the completion of initial basic training, | ||||||
2 | Department of Defense form DD-2 (Retired), an identification | ||||||
3 | card issued under the federal Veterans Identification Card Act | ||||||
4 | of 2015, or a United States Department of Veterans Affairs | ||||||
5 | summary of benefits letter. If the document cannot be stamped, | ||||||
6 | the Illinois Department of Veterans Veterans' Affairs shall | ||||||
7 | provide a certificate to the veteran to provide to the | ||||||
8 | Secretary of State. The Illinois Department of Veterans | ||||||
9 | Veterans' Affairs shall advise the Secretary as to what other | ||||||
10 | forms of proof of a person's status as a veteran are | ||||||
11 | acceptable. | ||||||
12 | For each applicant who is issued an identification card | ||||||
13 | with a veteran designation, the Secretary shall provide the | ||||||
14 | Department of Veterans Veterans' Affairs with the applicant's | ||||||
15 | name, address, date of birth, gender, and such other | ||||||
16 | demographic information as agreed to by the Secretary and the | ||||||
17 | Department. The Department may take steps necessary to confirm | ||||||
18 | the applicant is a veteran. If after due diligence, including | ||||||
19 | writing to the applicant at the address provided by the | ||||||
20 | Secretary, the Department is unable to verify the applicant's | ||||||
21 | veteran status, the Department shall inform the Secretary, who | ||||||
22 | shall notify the applicant that he or she must confirm status | ||||||
23 | as a veteran, or the identification card will be canceled | ||||||
24 | cancelled . | ||||||
25 | For purposes of this subsection (b): | ||||||
26 | "Armed forces" means any of the Armed Forces of the United |
| |||||||
| |||||||
1 | States, including a member of any reserve component or | ||||||
2 | National Guard unit. | ||||||
3 | "Veteran" means a person who has served in the armed | ||||||
4 | forces and was discharged or separated under honorable | ||||||
5 | conditions. | ||||||
6 | (b-1) An applicant who is eligible for Gold Star license | ||||||
7 | plates under Section 3-664 of the Illinois Vehicle Code may | ||||||
8 | apply for an identification card with space for a designation | ||||||
9 | as a Gold Star Family. The Secretary may waive any fee for this | ||||||
10 | application. If the Secretary does not waive the fee, any fee | ||||||
11 | charged to the applicant must be deposited into the Illinois | ||||||
12 | Veterans Assistance Fund. The Secretary is authorized to issue | ||||||
13 | rules to implement this subsection. | ||||||
14 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
15 | Identification Cards and Illinois Person with a Disability | ||||||
16 | Identification Cards shall provide proof of lawful status in | ||||||
17 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
18 | Applicants who are unable to provide the Secretary with proof | ||||||
19 | of lawful status are ineligible for REAL ID compliant | ||||||
20 | identification cards under this Act. | ||||||
21 | (d) The Secretary of State may accept, as proof of date of | ||||||
22 | birth and written signature for any applicant for a standard | ||||||
23 | identification card who does not have a social security number | ||||||
24 | or documentation issued by the United States Department of | ||||||
25 | Homeland Security authorizing the applicant's presence in this | ||||||
26 | country, any passport validly issued to the applicant from the |
| |||||||
| |||||||
1 | applicant's country of citizenship or a consular | ||||||
2 | identification document validly issued to the applicant by a | ||||||
3 | consulate of that country as defined in Section 5 of the | ||||||
4 | Consular Identification Document Act. Any such documents must | ||||||
5 | be either unexpired or presented by an applicant within 2 | ||||||
6 | years of its expiration date. | ||||||
7 | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24; | ||||||
8 | 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.)
| ||||||
9 | (15 ILCS 335/11) (from Ch. 124, par. 31) | ||||||
10 | Sec. 11. Records. | ||||||
11 | (a) The Secretary may make a search of his records and | ||||||
12 | furnish information as to whether a person has a current | ||||||
13 | Standard Illinois Identification Card or an Illinois Person | ||||||
14 | with a Disability Identification Card then on file, upon | ||||||
15 | receipt of a written application therefor accompanied with the | ||||||
16 | prescribed fee. However, the Secretary may not disclose | ||||||
17 | medical information concerning an individual to any person, | ||||||
18 | public agency, private agency, corporation or governmental | ||||||
19 | body unless the individual has submitted a written request for | ||||||
20 | the information or unless the individual has given prior | ||||||
21 | written consent for the release of the information to a | ||||||
22 | specific person or entity. This exception shall not apply to: | ||||||
23 | (1) offices and employees of the Secretary who have a need to | ||||||
24 | know the medical information in performance of their official | ||||||
25 | duties, or (2) orders of a court of competent jurisdiction. |
| |||||||
| |||||||
1 | When medical information is disclosed by the Secretary in | ||||||
2 | accordance with the provisions of this Section, no liability | ||||||
3 | shall rest with the Office of the Secretary of State as the | ||||||
4 | information is released for informational purposes only. | ||||||
5 | (b) Except as otherwise provided in this Section, the | ||||||
6 | Secretary may release personally identifying information only | ||||||
7 | to: | ||||||
8 | (1) officers and employees of the Secretary who have a | ||||||
9 | need to know that information for issuance of driver's | ||||||
10 | licenses, permits, or identification cards and | ||||||
11 | investigation of fraud or misconduct; | ||||||
12 | (2) other governmental agencies for use in their | ||||||
13 | official governmental functions; | ||||||
14 | (3) law enforcement agencies for a criminal or civil | ||||||
15 | investigation, except as restricted by subsections (g) and | ||||||
16 | (h); | ||||||
17 | (3-5) the State Board of Elections as may be required | ||||||
18 | by an agreement the State Board of Elections has entered | ||||||
19 | into with a multi-state voter registration list | ||||||
20 | maintenance system; or | ||||||
21 | (4) any entity that the Secretary has authorized, by | ||||||
22 | rule. | ||||||
23 | (c) Except as otherwise provided in this Section, the | ||||||
24 | Secretary may release highly restricted personal information | ||||||
25 | only to: | ||||||
26 | (1) officers and employees of the Secretary who have a |
| |||||||
| |||||||
1 | need to access the information for the issuance of | ||||||
2 | driver's licenses, permits, or identification cards and | ||||||
3 | investigation of fraud or misconduct; | ||||||
4 | (2) law enforcement officials for a criminal or civil | ||||||
5 | law enforcement investigation, except as restricted by | ||||||
6 | subsections (g) and (h); | ||||||
7 | (3) the State Board of Elections for the purpose of | ||||||
8 | providing the signature for completion of voter | ||||||
9 | registration; or | ||||||
10 | (4) any other entity the Secretary has authorized by | ||||||
11 | rule. | ||||||
12 | (d) Documents required to be submitted with an application | ||||||
13 | for an identification card to prove the applicant's identity | ||||||
14 | (name and date of birth), social security number or lack of a | ||||||
15 | social security number, written signature, residency, and, as | ||||||
16 | applicable, citizenship and immigration status and country of | ||||||
17 | citizenship shall be confidential and shall not be disclosed | ||||||
18 | except to the following persons: | ||||||
19 | (1) the individual to whom the identification card was | ||||||
20 | issued, upon written request; | ||||||
21 | (2) officers and employees of the Secretary of State | ||||||
22 | who have a need to have access to the stored images for | ||||||
23 | purposes of issuing and controlling driver's licenses, | ||||||
24 | permits, or identification cards and investigation of | ||||||
25 | fraud or misconduct; | ||||||
26 | (3) law enforcement officials for a civil or criminal |
| |||||||
| |||||||
1 | law enforcement investigation, except as restricted by | ||||||
2 | subsections (g) and (h); | ||||||
3 | (4) other entities that the Secretary may authorize by | ||||||
4 | rule. | ||||||
5 | (e) The Secretary may not disclose an individual's social | ||||||
6 | security number or any associated information obtained from | ||||||
7 | the Social Security Administration without the written request | ||||||
8 | or consent of the individual except: (i) to officers and | ||||||
9 | employees of the Secretary who have a need to know the social | ||||||
10 | security number in the performance of their official duties; | ||||||
11 | (ii) except as restricted by subsections (g) and (h) to law | ||||||
12 | enforcement officials for a civil or criminal law enforcement | ||||||
13 | investigation if an officer of the law enforcement agency has | ||||||
14 | made a written request to the Secretary specifying the law | ||||||
15 | enforcement investigation for which the social security number | ||||||
16 | is being sought; (iii) under a lawful court order signed by a | ||||||
17 | judge; (iv) to the Illinois Department of Veterans Veterans' | ||||||
18 | Affairs for the purpose of confirming veteran status to | ||||||
19 | agencies in other states responsible for the issuance of state | ||||||
20 | identification cards for participation in State-to-State | ||||||
21 | verification service; or (v) the last 4 digits to the Illinois | ||||||
22 | State Board of Elections for purposes of voter registration | ||||||
23 | and as may be required pursuant to an agreement for a | ||||||
24 | multi-state voter registration list maintenance system. The | ||||||
25 | Secretary retains the right to require additional verification | ||||||
26 | regarding the validity of a request from law enforcement. If |
| |||||||
| |||||||
1 | social security information is disclosed by the Secretary in | ||||||
2 | accordance with this Section, no liability shall rest with the | ||||||
3 | Office of the Secretary of State or any of its officers or | ||||||
4 | employees, as the information is released for official | ||||||
5 | purposes only. | ||||||
6 | (f) The Secretary of State shall not provide facial | ||||||
7 | recognition search services or photographs obtained in the | ||||||
8 | process of issuing an identification card to any federal, | ||||||
9 | State, or local law enforcement agency or other governmental | ||||||
10 | entity for the purpose of enforcing federal immigration laws. | ||||||
11 | This subsection shall not apply to requests from federal, | ||||||
12 | State, or local law enforcement agencies or other governmental | ||||||
13 | entities for facial recognition search services or photographs | ||||||
14 | obtained in the process of issuing a driver's license or | ||||||
15 | permit when the purpose of the request relates to criminal | ||||||
16 | activity other than violations of immigration laws. | ||||||
17 | (g) Notwithstanding any other provision of law, the | ||||||
18 | Secretary may not release highly restricted personal | ||||||
19 | information or personally identifying information or disclose | ||||||
20 | documents described in subsection (d) to any immigration | ||||||
21 | agent, as defined in Section 10 of the Illinois TRUST Act, | ||||||
22 | unless necessary to comply with the following, to the extent | ||||||
23 | that production of such information or documents is | ||||||
24 | specifically required: | ||||||
25 | (1) a lawful court order; | ||||||
26 | (2) a judicial warrant signed by a judge appointed |
| |||||||
| |||||||
1 | pursuant to Article III of the Constitution of the United | ||||||
2 | States; or | ||||||
3 | (3) a subpoena for individual records issued by a | ||||||
4 | federal or State court. | ||||||
5 | When responding to such a court order, warrant, or | ||||||
6 | subpoena, the Secretary shall disclose only those documents or | ||||||
7 | information specifically requested. Within 3 business days of | ||||||
8 | receiving such a court order, warrant, or subpoena, the | ||||||
9 | Secretary shall send a notification to the individual about | ||||||
10 | whom such information was requested that a court order, | ||||||
11 | warrant, or subpoena was received and the identity of the | ||||||
12 | entity that presented the court order, warrant, or subpoena. | ||||||
13 | (h) The Secretary shall not enter into or maintain any | ||||||
14 | agreement regarding the sharing of any highly restricted | ||||||
15 | personal information or personally identifying information or | ||||||
16 | documents described in subsection (d) unless all other parties | ||||||
17 | to such agreement certify that the information obtained will | ||||||
18 | not be used for civil immigration purposes or knowingly | ||||||
19 | disseminated to any third party for any purpose related to | ||||||
20 | civil immigration enforcement. | ||||||
21 | (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24 .)
| ||||||
22 | Section 45. The Civil Administrative Code of Illinois is | ||||||
23 | amended by changing Sections 5-15, 5-20, 5-190, and 5-420 as | ||||||
24 | follows:
|
| |||||||
| |||||||
1 | (20 ILCS 5/5-15) (was 20 ILCS 5/3) | ||||||
2 | Sec. 5-15. Departments of State government. The | ||||||
3 | Departments of State government are created as follows: | ||||||
4 | The Department on Aging. | ||||||
5 | The Department of Agriculture. | ||||||
6 | The Department of Central Management Services. | ||||||
7 | The Department of Children and Family Services. | ||||||
8 | The Department of Commerce and Economic Opportunity. | ||||||
9 | The Department of Corrections. | ||||||
10 | The Department of Early Childhood. | ||||||
11 | The Department of Employment Security. | ||||||
12 | The Illinois Emergency Management Agency. | ||||||
13 | The Department of Financial and Professional Regulation. | ||||||
14 | The Department of Healthcare and Family Services. | ||||||
15 | The Department of Human Rights. | ||||||
16 | The Department of Human Services. | ||||||
17 | The Department of Innovation and Technology. | ||||||
18 | The Department of Insurance. | ||||||
19 | The Department of Juvenile Justice. | ||||||
20 | The Department of Labor. | ||||||
21 | The Department of the Lottery. | ||||||
22 | The Department of Natural Resources. | ||||||
23 | The Department of Public Health. | ||||||
24 | The Department of Revenue. | ||||||
25 | The Illinois State Police. | ||||||
26 | The Department of Transportation. |
| |||||||
| |||||||
1 | The Department of Veterans Veterans' Affairs. | ||||||
2 | (Source: P.A. 102-538, eff. 8-20-21; 103-594, eff. 6-25-24.)
| ||||||
3 | (20 ILCS 5/5-20) (was 20 ILCS 5/4) | ||||||
4 | Sec. 5-20. Heads of departments. Each department shall | ||||||
5 | have an officer as its head who shall be known as director or | ||||||
6 | secretary and who shall, subject to the provisions of the | ||||||
7 | Civil Administrative Code of Illinois, execute the powers and | ||||||
8 | discharge the duties vested by law in his or her respective | ||||||
9 | department. | ||||||
10 | The following officers are hereby created: | ||||||
11 | Director of Aging, for the Department on Aging. | ||||||
12 | Director of Agriculture, for the Department of | ||||||
13 | Agriculture. | ||||||
14 | Director of Central Management Services, for the | ||||||
15 | Department of Central Management Services. | ||||||
16 | Director of Children and Family Services, for the | ||||||
17 | Department of Children and Family Services. | ||||||
18 | Director of Commerce and Economic Opportunity, for the | ||||||
19 | Department of Commerce and Economic Opportunity. | ||||||
20 | Director of Corrections, for the Department of | ||||||
21 | Corrections. | ||||||
22 | Director of the Illinois Emergency Management Agency, for | ||||||
23 | the Illinois Emergency Management Agency. | ||||||
24 | Secretary of Early Childhood, for the Department of Early | ||||||
25 | Childhood. |
| |||||||
| |||||||
1 | Director of Employment Security, for the Department of | ||||||
2 | Employment Security. | ||||||
3 | Secretary of Financial and Professional Regulation, for | ||||||
4 | the Department of Financial and Professional Regulation. | ||||||
5 | Director of Healthcare and Family Services, for the | ||||||
6 | Department of Healthcare and Family Services. | ||||||
7 | Director of Human Rights, for the Department of Human | ||||||
8 | Rights. | ||||||
9 | Secretary of Human Services, for the Department of Human | ||||||
10 | Services. | ||||||
11 | Secretary of Innovation and Technology, for the Department | ||||||
12 | of Innovation and Technology. | ||||||
13 | Director of Insurance, for the Department of Insurance. | ||||||
14 | Director of Juvenile Justice, for the Department of | ||||||
15 | Juvenile Justice. | ||||||
16 | Director of Labor, for the Department of Labor. | ||||||
17 | Director of the Lottery, for the Department of the | ||||||
18 | Lottery. | ||||||
19 | Director of Natural Resources, for the Department of | ||||||
20 | Natural Resources. | ||||||
21 | Director of Public Health, for the Department of Public | ||||||
22 | Health. | ||||||
23 | Director of Revenue, for the Department of Revenue. | ||||||
24 | Director of the Illinois State Police, for the Illinois | ||||||
25 | State Police. | ||||||
26 | Secretary of Transportation, for the Department of |
| |||||||
| |||||||
1 | Transportation. | ||||||
2 | Director of Veterans Veterans' Affairs, for the Department | ||||||
3 | of Veterans Veterans' Affairs. | ||||||
4 | (Source: P.A. 102-538, eff. 8-20-21; 103-594, eff. 6-25-24.)
| ||||||
5 | (20 ILCS 5/5-190) (was 20 ILCS 5/5.01a) | ||||||
6 | Sec. 5-190. In the Department of Veterans Veterans' | ||||||
7 | Affairs. Assistant Director of Veterans Veterans' Affairs. | ||||||
8 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
9 | (20 ILCS 5/5-420) (was 20 ILCS 5/9.22) | ||||||
10 | Sec. 5-420. In the Department of Veterans Veterans' | ||||||
11 | Affairs. For terms beginning on or after January 16, 2023, the | ||||||
12 | Director of Veterans Veterans' Affairs shall receive an annual | ||||||
13 | salary of $200,000 or as set by the Governor, whichever is | ||||||
14 | higher. On July 1, 2023, and on each July 1 thereafter, the | ||||||
15 | Director shall receive an increase in salary based on a cost of | ||||||
16 | living adjustment as authorized by Senate Joint Resolution 192 | ||||||
17 | of the 86th General Assembly. | ||||||
18 | For terms beginning on or after January 16, 2023, the | ||||||
19 | Assistant Director of Veterans Veterans' Affairs shall receive | ||||||
20 | an annual salary of $170,000 or as set by the Governor, | ||||||
21 | whichever is higher. On July 1, 2023, and on each July 1 | ||||||
22 | thereafter, the Assistant Director shall receive an increase | ||||||
23 | in salary based on a cost of living adjustment as authorized by | ||||||
24 | Senate Joint Resolution 192 of the 86th General Assembly. |
| |||||||
| |||||||
1 | (Source: P.A. 102-1115, eff. 1-9-23.)
| ||||||
2 | Section 50. The Illinois Act on the Aging is amended by | ||||||
3 | changing Sections 4.01, 4.04a, and 8.10 as follows:
| ||||||
4 | (20 ILCS 105/4.01) | ||||||
5 | Sec. 4.01. Additional powers and duties of the Department. | ||||||
6 | In addition to powers and duties otherwise provided by law, | ||||||
7 | the Department shall have the following powers and duties: | ||||||
8 | (1) To evaluate all programs, services, and facilities for | ||||||
9 | the aged and for minority senior citizens within the State and | ||||||
10 | determine the extent to which present public or private | ||||||
11 | programs, services , and facilities meet the needs of the aged. | ||||||
12 | (2) To coordinate and evaluate all programs, services, and | ||||||
13 | facilities for the aging Aging and for minority senior | ||||||
14 | citizens presently furnished by State agencies and make | ||||||
15 | appropriate recommendations regarding such services, programs , | ||||||
16 | and facilities to the Governor and/or the General Assembly. | ||||||
17 | (2-a) To request, receive, and share information | ||||||
18 | electronically through the use of data-sharing agreements for | ||||||
19 | the purpose of (i) establishing and verifying the initial and | ||||||
20 | continuing eligibility of older adults to participate in | ||||||
21 | programs administered by the Department; (ii) maximizing | ||||||
22 | federal financial participation in State assistance | ||||||
23 | expenditures; and (iii) investigating allegations of fraud or | ||||||
24 | other abuse of publicly funded benefits. Notwithstanding any |
| |||||||
| |||||||
1 | other law to the contrary, but only for the limited purposes | ||||||
2 | identified in the preceding sentence, this paragraph (2-a) | ||||||
3 | expressly authorizes the exchanges of income, identification, | ||||||
4 | and other pertinent eligibility information by and among the | ||||||
5 | Department and the Social Security Administration, the | ||||||
6 | Department of Employment Security, the Department of | ||||||
7 | Healthcare and Family Services, the Department of Human | ||||||
8 | Services, the Department of Revenue, the Secretary of State, | ||||||
9 | the U.S. Department of Veterans Affairs, and any other | ||||||
10 | governmental entity. The confidentiality of information | ||||||
11 | otherwise shall be maintained as required by law. In addition, | ||||||
12 | the Department on Aging shall verify employment information at | ||||||
13 | the request of a community care provider for the purpose of | ||||||
14 | ensuring program integrity under the Community Care Program. | ||||||
15 | (3) To function as the sole State agency to develop a | ||||||
16 | comprehensive plan to meet the needs of the State's senior | ||||||
17 | citizens and the State's minority senior citizens. | ||||||
18 | (4) To receive and disburse State and federal funds made | ||||||
19 | available directly to the Department including those funds | ||||||
20 | made available under the Older Americans Act and the Senior | ||||||
21 | Community Service Employment Program for providing services | ||||||
22 | for senior citizens and minority senior citizens or for | ||||||
23 | purposes related thereto, and shall develop and administer any | ||||||
24 | State Plan for the Aging required by federal law. | ||||||
25 | (5) To solicit, accept, hold, and administer in behalf of | ||||||
26 | the State any grants or legacies of money, securities, or |
| |||||||
| |||||||
1 | property to the State of Illinois for services to senior | ||||||
2 | citizens and minority senior citizens or purposes related | ||||||
3 | thereto. | ||||||
4 | (6) To provide consultation and assistance to communities, | ||||||
5 | area agencies on aging, and groups developing local services | ||||||
6 | for senior citizens and minority senior citizens. | ||||||
7 | (7) To promote community education regarding the problems | ||||||
8 | of senior citizens and minority senior citizens through | ||||||
9 | institutes, publications, radio, television , and the local | ||||||
10 | press. | ||||||
11 | (8) To cooperate with agencies of the federal government | ||||||
12 | in studies and conferences designed to examine the needs of | ||||||
13 | senior citizens and minority senior citizens and to prepare | ||||||
14 | programs and facilities to meet those needs. | ||||||
15 | (9) To establish and maintain information and referral | ||||||
16 | sources throughout the State when not provided by other | ||||||
17 | agencies. | ||||||
18 | (10) To provide the staff support that may reasonably be | ||||||
19 | required by the Council. | ||||||
20 | (11) To make and enforce rules and regulations necessary | ||||||
21 | and proper to the performance of its duties. | ||||||
22 | (12) To establish and fund programs or projects or | ||||||
23 | experimental facilities that are specially designed as | ||||||
24 | alternatives to institutional care. | ||||||
25 | (13) To develop a training program to train the counselors | ||||||
26 | presently employed by the Department's aging network to |
| |||||||
| |||||||
1 | provide Medicare beneficiaries with counseling and advocacy in | ||||||
2 | Medicare, private health insurance, and related health care | ||||||
3 | coverage plans. | ||||||
4 | (14) To make a grant to an institution of higher learning | ||||||
5 | to study the feasibility of establishing and implementing an | ||||||
6 | affirmative action employment plan for the recruitment, | ||||||
7 | hiring, training and retraining of persons 60 or more years | ||||||
8 | old for jobs for which their employment would not be precluded | ||||||
9 | by law. | ||||||
10 | (15) To present one award annually in each of the | ||||||
11 | categories of community service, education, the performance | ||||||
12 | and graphic arts, and the labor force to outstanding Illinois | ||||||
13 | senior citizens and minority senior citizens in recognition of | ||||||
14 | their individual contributions to either community service, | ||||||
15 | education, the performance and graphic arts, or the labor | ||||||
16 | force. Nominations shall be solicited from senior citizens' | ||||||
17 | service providers, area agencies on aging, senior citizens' | ||||||
18 | centers, and senior citizens' organizations. If there are no | ||||||
19 | nominations in a category, the Department may award a second | ||||||
20 | person in one of the remaining categories. The Department | ||||||
21 | shall establish a central location within the State to be | ||||||
22 | designated as the Senior Illinoisans Hall of Fame for the | ||||||
23 | public display of all the annual awards, or replicas thereof. | ||||||
24 | (16) To establish multipurpose senior centers through area | ||||||
25 | agencies on aging and to fund those new and existing | ||||||
26 | multipurpose senior centers through area agencies on aging, |
| |||||||
| |||||||
1 | the establishment and funding to begin in such areas of the | ||||||
2 | State as the Department shall designate by rule and as | ||||||
3 | specifically appropriated funds become available. | ||||||
4 | (17) (Blank). | ||||||
5 | (18) To develop a pamphlet in English and Spanish which | ||||||
6 | may be used by physicians licensed to practice medicine in all | ||||||
7 | of its branches pursuant to the Medical Practice Act of 1987, | ||||||
8 | pharmacists licensed pursuant to the Pharmacy Practice Act, | ||||||
9 | and Illinois residents 65 years of age or older for the purpose | ||||||
10 | of assisting physicians, pharmacists, and patients in | ||||||
11 | monitoring prescriptions provided by various physicians and to | ||||||
12 | aid persons 65 years of age or older in complying with | ||||||
13 | directions for proper use of pharmaceutical prescriptions. The | ||||||
14 | pamphlet may provide space for recording information , | ||||||
15 | including , but not limited to , the following: | ||||||
16 | (a) name and telephone number of the patient; | ||||||
17 | (b) name and telephone number of the prescribing | ||||||
18 | physician; | ||||||
19 | (c) date of prescription; | ||||||
20 | (d) name of drug prescribed; | ||||||
21 | (e) directions for patient compliance; and | ||||||
22 | (f) name and telephone number of dispensing pharmacy. | ||||||
23 | In developing the pamphlet, the Department shall consult | ||||||
24 | with the Illinois State Medical Society, the Center for | ||||||
25 | Minority Health Services, the Illinois Pharmacists | ||||||
26 | Association , and senior citizens organizations. The Department |
| |||||||
| |||||||
1 | shall distribute the pamphlets to physicians, pharmacists and | ||||||
2 | persons 65 years of age or older or various senior citizen | ||||||
3 | organizations throughout the State. | ||||||
4 | (19) To conduct a study of the feasibility of implementing | ||||||
5 | the Senior Companion Program throughout the State. | ||||||
6 | (20) The reimbursement rates paid through the community | ||||||
7 | care program for chore housekeeping services and home care | ||||||
8 | aides shall be the same. | ||||||
9 | (21) (Blank). | ||||||
10 | (22) To distribute, through its area agencies on aging, | ||||||
11 | information alerting seniors on safety issues regarding | ||||||
12 | emergency weather conditions, including extreme heat and cold, | ||||||
13 | flooding, tornadoes, electrical storms, and other severe storm | ||||||
14 | weather. The information shall include all necessary | ||||||
15 | instructions for safety and all emergency telephone numbers of | ||||||
16 | organizations that will provide additional information and | ||||||
17 | assistance. | ||||||
18 | (23) To develop guidelines for the organization and | ||||||
19 | implementation of Volunteer Services Credit Programs to be | ||||||
20 | administered by Area Agencies on Aging or community-based | ||||||
21 | community based senior service organizations. The Department | ||||||
22 | shall hold public hearings on the proposed guidelines for | ||||||
23 | public comment, suggestion, and determination of public | ||||||
24 | interest. The guidelines shall be based on the findings of | ||||||
25 | other states and of community organizations in Illinois that | ||||||
26 | are currently operating volunteer services credit programs or |
| |||||||
| |||||||
1 | demonstration volunteer services credit programs. The | ||||||
2 | Department shall offer guidelines for all aspects of the | ||||||
3 | programs , including, but not limited to, the following: | ||||||
4 | (a) types of services to be offered by volunteers; | ||||||
5 | (b) types of services to be received upon the | ||||||
6 | redemption of service credits; | ||||||
7 | (c) issues of liability for the volunteers and the | ||||||
8 | administering organizations; | ||||||
9 | (d) methods of tracking service credits earned and | ||||||
10 | service credits redeemed; | ||||||
11 | (e) issues of time limits for redemption of service | ||||||
12 | credits; | ||||||
13 | (f) methods of recruitment of volunteers; | ||||||
14 | (g) utilization of community volunteers, community | ||||||
15 | service groups, and other resources for delivering | ||||||
16 | services to be received by service credit program clients; | ||||||
17 | (h) accountability and assurance that services will be | ||||||
18 | available to individuals who have earned service credits; | ||||||
19 | and | ||||||
20 | (i) volunteer screening and qualifications. | ||||||
21 | (24) To function as the sole State agency to receive and | ||||||
22 | disburse State and federal funds for providing adult | ||||||
23 | protective services in a domestic living situation in | ||||||
24 | accordance with the Adult Protective Services Act. | ||||||
25 | (25) To hold conferences, trainings, and other programs | ||||||
26 | for which the Department shall determine by rule a reasonable |
| |||||||
| |||||||
1 | fee to cover related administrative costs. Rules to implement | ||||||
2 | the fee authority granted by this paragraph (25) must be | ||||||
3 | adopted in accordance with all provisions of the Illinois | ||||||
4 | Administrative Procedure Act and all rules and procedures of | ||||||
5 | the Joint Committee on Administrative Rules; any purported | ||||||
6 | rule not so adopted, for whatever reason, is unauthorized. | ||||||
7 | (Source: P.A. 103-616, eff. 7-1-24; 103-670, eff. 1-1-25; | ||||||
8 | revised 11-26-24.)
| ||||||
9 | (20 ILCS 105/4.04a) | ||||||
10 | Sec. 4.04a. Illinois Long-Term Care Council. | ||||||
11 | (a) Purpose. The purpose of this Section is to ensure that | ||||||
12 | consumers over the age of 60 residing in facilities licensed | ||||||
13 | or regulated under the Nursing Home Care Act, Skilled Nursing | ||||||
14 | and Intermediate Care Facilities Code, Sheltered Care | ||||||
15 | Facilities Code, and the Illinois Veterans' Homes Code receive | ||||||
16 | high quality long-term care through an effective Illinois | ||||||
17 | Long-Term Care Council. | ||||||
18 | (b) Maintenance and operation of the Illinois Long-Term | ||||||
19 | Care Council. | ||||||
20 | (1) The Department shall develop a fair and impartial | ||||||
21 | process for recruiting and receiving nominations for | ||||||
22 | members for the Illinois Long-Term Care Council from the | ||||||
23 | State Long-Term Care Ombudsman, the area agencies on | ||||||
24 | aging, regional ombudsman programs, provider agencies, and | ||||||
25 | other public agencies, using a nomination form provided by |
| |||||||
| |||||||
1 | the Department. | ||||||
2 | (2) The Department shall appoint members to the | ||||||
3 | Illinois Long-Term Care Council in a timely manner. | ||||||
4 | (3) The Department shall consider and act in good | ||||||
5 | faith regarding the Illinois Long-Term Care Council's | ||||||
6 | annual report and its recommendations. | ||||||
7 | (4) The Director shall appoint to the Illinois | ||||||
8 | Long-Term Care Council at least 18 but not more than 25 | ||||||
9 | members. | ||||||
10 | (c) Responsibilities of the State Long-Term Care | ||||||
11 | Ombudsman, area agencies on aging, regional long-term care | ||||||
12 | ombudsman programs, and provider agencies. The State Long-Term | ||||||
13 | Care Ombudsman and each area agency on aging, regional | ||||||
14 | long-term care ombudsman program, and provider agency shall | ||||||
15 | solicit names and recommend members to the Department for | ||||||
16 | appointment to the Illinois Long-Term Care Council. | ||||||
17 | (d) Powers and duties. The Illinois Long-Term Care Council | ||||||
18 | shall do the following: | ||||||
19 | (1) Make recommendations and comment on issues | ||||||
20 | pertaining to long-term care and the State Long-Term Care | ||||||
21 | Ombudsman Program to the Department. | ||||||
22 | (2) Advise the Department on matters pertaining to the | ||||||
23 | quality of life and quality of care in the continuum of | ||||||
24 | long-term care. | ||||||
25 | (3) Evaluate, comment on reports regarding, and make | ||||||
26 | recommendations on, the quality of life and quality of |
| |||||||
| |||||||
1 | care in long-term care facilities and on the duties and | ||||||
2 | responsibilities of the State Long-Term Care Ombudsman | ||||||
3 | Program. | ||||||
4 | (4) Prepare and circulate an annual report to the | ||||||
5 | Governor, the General Assembly, and other interested | ||||||
6 | parties concerning the duties and accomplishments of the | ||||||
7 | Illinois Long-Term Care Council and all other related | ||||||
8 | matters pertaining to long-term care and the protection of | ||||||
9 | residents' rights. | ||||||
10 | (5) Provide an opportunity for public input at each | ||||||
11 | scheduled meeting. | ||||||
12 | (6) Make recommendations to the Director, upon his or | ||||||
13 | her request, as to individuals who are capable of serving | ||||||
14 | as the State Long-Term Care Ombudsman and who should make | ||||||
15 | appropriate application for that position should it become | ||||||
16 | vacant. | ||||||
17 | (e) Composition and operation. The Illinois Long-Term Care | ||||||
18 | Council shall be composed of at least 18 but not more than 25 | ||||||
19 | members concerned about the quality of life in long-term care | ||||||
20 | facilities and protecting the rights of residents, including | ||||||
21 | members from long-term care facilities. The State Long-Term | ||||||
22 | Care Ombudsman shall be a permanent member of the Long-Term | ||||||
23 | Care Council. Members shall be appointed for a 4-year term | ||||||
24 | with initial appointments staggered with 2-year, 3-year, and | ||||||
25 | 4-year terms. A lottery will determine the terms of office for | ||||||
26 | the members of the first term. Members may be reappointed to a |
| |||||||
| |||||||
1 | term but no member may be reappointed to more than 2 | ||||||
2 | consecutive terms. The Illinois Long-Term Care Council shall | ||||||
3 | meet a minimum of 3 times per calendar year. | ||||||
4 | (f) Member requirements. All members shall be individuals | ||||||
5 | who have demonstrated concern about the quality of life in | ||||||
6 | long-term care facilities. A minimum of 3 members must be | ||||||
7 | current or former residents of long-term care facilities or | ||||||
8 | the family member of a current or former resident of a | ||||||
9 | long-term care facility. A minimum of 2 members shall | ||||||
10 | represent current or former long-term care facility resident | ||||||
11 | councils or family councils. A minimum of 4 members shall be | ||||||
12 | selected from recommendations by organizations whose members | ||||||
13 | consist of long-term care facilities. A representative of | ||||||
14 | long-term care facility employees must also be included as a | ||||||
15 | member. A minimum of 2 members shall be selected from | ||||||
16 | recommendations of membership-based senior advocacy groups or | ||||||
17 | consumer organizations that engage solely in legal | ||||||
18 | representation on behalf of residents and immediate families. | ||||||
19 | There shall be non-voting State agency members on the | ||||||
20 | Long-Term Care Council from the following agencies: (i) the | ||||||
21 | Department of Veterans Veterans' Affairs; (ii) the Department | ||||||
22 | of Human Services; (iii) the Department of Public Health; (iv) | ||||||
23 | the Department on Aging; (v) the Department of Healthcare and | ||||||
24 | Family Services; (vi) the Office of the Attorney General | ||||||
25 | Medicaid Fraud Control Unit; and (vii) others as appropriate. | ||||||
26 | (Source: P.A. 103-145, eff. 10-1-23 .)
|
| |||||||
| |||||||
1 | (20 ILCS 105/8.10) | ||||||
2 | (Section scheduled to be repealed on May 16, 2026) | ||||||
3 | Sec. 8.10. The Illinois Commission on LGBTQ Aging. | ||||||
4 | (a) Commission purpose. The Commission is created to | ||||||
5 | investigate, analyze, and study the health, housing, | ||||||
6 | financial, psychosocial, home-and-community-based services, | ||||||
7 | assisted living, and long-term care needs of LGBTQ older | ||||||
8 | adults and their caregivers. The Commission shall make | ||||||
9 | recommendations to improve access to benefits, services, and | ||||||
10 | supports for LGBTQ older adults and their caregivers. The | ||||||
11 | Commission, in formulating its recommendations, shall take | ||||||
12 | into account the best policies and practices in other states | ||||||
13 | and jurisdictions. Specifically, the Commission shall: | ||||||
14 | (1) Examine the impact of State and local laws, | ||||||
15 | policies, and regulations on LGBTQ older adults and make | ||||||
16 | recommendations to ensure equitable access, treatment, | ||||||
17 | care and benefits, and overall quality of life. | ||||||
18 | (2) Examine best practices for increasing access, | ||||||
19 | reducing isolation, preventing abuse and exploitation, | ||||||
20 | promoting independence and self-determination, | ||||||
21 | strengthening caregiving, eliminating disparities, and | ||||||
22 | improving overall quality of life for LGBTQ older adults. | ||||||
23 | (3) Examine the impact of race, ethnicity, sex | ||||||
24 | assigned at birth, socioeconomic status, disability, | ||||||
25 | sexual orientation, gender identity, and other |
| |||||||
| |||||||
1 | characteristics on access to services for LGBTQ older | ||||||
2 | adults and make recommendations to ensure equitable | ||||||
3 | access, treatment, care, and benefits and overall quality | ||||||
4 | of life. | ||||||
5 | (4) Examine the experiences and needs of LGBTQ older | ||||||
6 | adults living with HIV/AIDS and make recommendations to | ||||||
7 | ensure equitable access, treatment, care, benefits, and | ||||||
8 | overall quality of life. | ||||||
9 | (5) Examine strategies to increase provider awareness | ||||||
10 | of the needs of LGBTQ older adults and their caregivers | ||||||
11 | and to improve the competence of and access to treatment, | ||||||
12 | services, and ongoing care, including preventive care. | ||||||
13 | (6) Examine the feasibility of developing statewide | ||||||
14 | training curricula to improve provider competency in the | ||||||
15 | delivery of culturally responsive health, housing, and | ||||||
16 | long-term support services to LGBTQ older adults and their | ||||||
17 | caregivers. | ||||||
18 | (7) Assess the funding and programming needed to | ||||||
19 | enhance services to the growing population of LGBTQ older | ||||||
20 | adults. | ||||||
21 | (8) Examine whether certain policies and practices, or | ||||||
22 | the absence thereof, promote the premature admission of | ||||||
23 | LGBTQ older adults to institutional care, and examine | ||||||
24 | whether potential cost-savings exist for LGBTQ older | ||||||
25 | adults as a result of providing lower cost and culturally | ||||||
26 | responsive home and community-based alternatives to |
| |||||||
| |||||||
1 | institutional care. | ||||||
2 | (9) Examine outreach protocols to reduce apprehension | ||||||
3 | among LGBTQ older adults and caregivers of utilizing | ||||||
4 | mainstream providers. | ||||||
5 | (10) Evaluate the implementation status of Public Act | ||||||
6 | 101-325. | ||||||
7 | (11) Evaluate the implementation status of Public Act | ||||||
8 | 102-543, examine statewide strategies for the collection | ||||||
9 | of sexual orientation and gender identity data and the | ||||||
10 | impact of these strategies on the provision of services to | ||||||
11 | LGBTQ older adults, and conduct a statewide survey | ||||||
12 | designed to approximate the number of LGBTQ older adults | ||||||
13 | in the State and collect demographic information (if | ||||||
14 | resources allow for the implementation of a survey | ||||||
15 | instrument). | ||||||
16 | (b) Commission members. | ||||||
17 | (1) The Commission shall include at least all of the | ||||||
18 | following persons who must be appointed by the Governor | ||||||
19 | within 60 days after the effective date of this amendatory | ||||||
20 | Act of the 102nd General Assembly: | ||||||
21 | (A) one member from a statewide organization that | ||||||
22 | advocates for older adults; | ||||||
23 | (B) one member from a national organization that | ||||||
24 | advocates for LGBTQ older adults; | ||||||
25 | (C) one member from a community-based, multi-site | ||||||
26 | healthcare organization founded to serve LGBTQ people; |
| |||||||
| |||||||
1 | (D) the director of senior services from a | ||||||
2 | community center serving LGBTQ people, or the | ||||||
3 | director's designee; | ||||||
4 | (E) one member from an HIV/AIDS service | ||||||
5 | organization; | ||||||
6 | (F) one member from an organization that is a | ||||||
7 | project incubator and think tank that is focused on | ||||||
8 | action that leads to improved outcomes and | ||||||
9 | opportunities for LGBTQ communities; | ||||||
10 | (G) one member from a labor organization that | ||||||
11 | provides care and services for older adults in | ||||||
12 | long-term care facilities; | ||||||
13 | (H) one member from a statewide association | ||||||
14 | representing long-term care facilities; | ||||||
15 | (I) 5 members from organizations that serve Black, | ||||||
16 | Asian-American, Pacific Islander, Indigenous, or | ||||||
17 | Latinx LGBTQ people; | ||||||
18 | (J) one member from a statewide organization for | ||||||
19 | people with disabilities; and | ||||||
20 | (K) 10 LGBTQ older adults, including at least: | ||||||
21 | (i) 3 members who are transgender or | ||||||
22 | gender-expansive individuals; | ||||||
23 | (ii) 2 members who are older adults living | ||||||
24 | with HIV; | ||||||
25 | (iii) one member who is Two-Spirit; | ||||||
26 | (iv) one member who is an African-American or |
| |||||||
| |||||||
1 | Black individual; | ||||||
2 | (v) one member who is a Latinx individual; | ||||||
3 | (vi) one member who is an Asian-American or | ||||||
4 | Pacific Islander individual; and | ||||||
5 | (vii) one member who is an ethnically diverse | ||||||
6 | individual. | ||||||
7 | (2) The following State agencies shall each designate | ||||||
8 | one representative to serve as an ex officio member of the | ||||||
9 | Commission: the Department, the Department of Public | ||||||
10 | Health, the Department of Human Services, the Department | ||||||
11 | of Healthcare and Family Services, and the Department of | ||||||
12 | Veterans Veterans' Affairs. | ||||||
13 | (3) Appointing authorities shall ensure, to the | ||||||
14 | maximum extent practicable, that the Commission is diverse | ||||||
15 | with respect to race, ethnicity, age, sexual orientation, | ||||||
16 | gender identity, gender expression, and geography. | ||||||
17 | (4) Members of the Commission shall serve until this | ||||||
18 | Section is repealed. Members shall continue to serve until | ||||||
19 | their successors are appointed. Any vacancy shall be | ||||||
20 | filled by the appointing authority. Any vacancy occurring | ||||||
21 | other than by the dissolution of the Commission shall be | ||||||
22 | filled for the balance of the unexpired term. Members of | ||||||
23 | the Commission shall serve without compensation but shall | ||||||
24 | be reimbursed for expenses necessarily incurred in the | ||||||
25 | performance of their duties. | ||||||
26 | (c) Commission organization. The Commission shall provide |
| |||||||
| |||||||
1 | for its organization and procedure, including selection of the | ||||||
2 | chairperson and vice-chairperson. A majority of the Commission | ||||||
3 | shall constitute a quorum for the transaction of business. | ||||||
4 | Administrative and other support for the Commission shall be | ||||||
5 | provided by the Department. Any State agency under the | ||||||
6 | jurisdiction of the Governor shall provide testimony and | ||||||
7 | information as directed by the Commission. | ||||||
8 | (d) Meetings and reports. The Commission shall: | ||||||
9 | (1) Hold at least one public meeting per quarter. | ||||||
10 | Public meetings may be virtually conducted. | ||||||
11 | (2) Prepare and submit an annual report to the | ||||||
12 | Governor, the Illinois General Assembly, the Director, and | ||||||
13 | the Illinois Council on Aging that details the progress | ||||||
14 | made toward achieving the Commission's stated objectives | ||||||
15 | and that contains findings and recommendations, including | ||||||
16 | any recommended legislation. The annual report shall be | ||||||
17 | made available to the public on the Department's publicly | ||||||
18 | accessible website. | ||||||
19 | (3) Submit, by no later than March 30, 2026, a final | ||||||
20 | report in the same manner as an annual report, detailing | ||||||
21 | the work the Commission has done since its inception and | ||||||
22 | providing the findings and recommendations, including any | ||||||
23 | recommended legislation. The final report shall be made | ||||||
24 | available to the public on the Department's publicly | ||||||
25 | accessible website. | ||||||
26 | The Department and Commission may collaborate with an |
| |||||||
| |||||||
1 | institution of higher education in Illinois to compile the | ||||||
2 | reports required under this Section. | ||||||
3 | (e) This Section is repealed May 16, 2026. | ||||||
4 | (Source: P.A. 102-885, eff. 5-16-22; 103-1059, eff. 12-20-24.)
| ||||||
5 | Section 55. The Personnel Code is amended by changing | ||||||
6 | Section 8b.7 as follows:
| ||||||
7 | (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7) | ||||||
8 | Sec. 8b.7. Veteran preference. For the granting of | ||||||
9 | appropriate preference to qualified veterans, persons who have | ||||||
10 | been members of the armed forces of the United States or to | ||||||
11 | qualified persons who, while citizens of the United States, | ||||||
12 | were members of the armed forces of allies of the United States | ||||||
13 | in time of hostilities with a foreign country, and to certain | ||||||
14 | other persons as set forth in this Section. | ||||||
15 | (a) As used in this Section: | ||||||
16 | (1) "Time of hostilities with a foreign country" means | ||||||
17 | any period of time in the past, present, or future during | ||||||
18 | which a declaration of war by the United States Congress | ||||||
19 | has been or is in effect or during which an emergency | ||||||
20 | condition has been or is in effect that is recognized by | ||||||
21 | the issuance of a Presidential proclamation or a | ||||||
22 | Presidential executive order and in which the armed forces | ||||||
23 | expeditionary medal or other campaign service medals are | ||||||
24 | awarded according to Presidential executive order. |
| |||||||
| |||||||
1 | (2) "Armed forces of the United States" means the | ||||||
2 | United States Army, Navy, Air Force, Space Force, Marine | ||||||
3 | Corps, and Coast Guard. Service in the Merchant Marine | ||||||
4 | that constitutes active duty under Section 401 of federal | ||||||
5 | Public Law 95-202 shall also be considered service in the | ||||||
6 | Armed Forces of the United States for purposes of this | ||||||
7 | Section. | ||||||
8 | (3) "Veteran" means a member of the armed forces of | ||||||
9 | the United States, the Illinois National Guard, or a | ||||||
10 | reserve component of the armed forces of the United | ||||||
11 | States. | ||||||
12 | (b) The preference granted under this Section shall be in | ||||||
13 | the form of points, or the equivalent, added to the applicable | ||||||
14 | scores of the persons if they otherwise qualify and are | ||||||
15 | entitled to be considered for appointment. | ||||||
16 | (c) A veteran is qualified for a preference of 10 points if | ||||||
17 | the veteran currently holds proof of a service connected | ||||||
18 | disability from the United States Department of Veterans | ||||||
19 | Affairs or an allied country or if the veteran is a recipient | ||||||
20 | of the Purple Heart. | ||||||
21 | (d) A veteran who has served during a time of hostilities | ||||||
22 | with a foreign country is qualified for a preference of 5 | ||||||
23 | points if the veteran served under one or more of the following | ||||||
24 | conditions: | ||||||
25 | (1) The veteran served a total of at least 6 months, or | ||||||
26 | (2) The veteran served for the duration of hostilities |
| |||||||
| |||||||
1 | regardless of the length of engagement, or | ||||||
2 | (3) The veteran was discharged on the basis of | ||||||
3 | hardship, or | ||||||
4 | (4) The veteran was released from active duty because | ||||||
5 | of a service connected disability and was discharged under | ||||||
6 | honorable conditions. | ||||||
7 | (e) A person not eligible for a preference under | ||||||
8 | subsection (c) or (d) is qualified for a preference of 3 points | ||||||
9 | if the person has served in the armed forces of the United | ||||||
10 | States, the Illinois National Guard, or any reserve component | ||||||
11 | of the armed forces of the United States if the person: (1) | ||||||
12 | served for at least 6 months and has been discharged under | ||||||
13 | honorable conditions; (2) has been discharged on the ground of | ||||||
14 | hardship; (3) was released from active duty because of a | ||||||
15 | service connected disability; or (4) served a minimum of 4 | ||||||
16 | years in the Illinois National Guard or reserve component of | ||||||
17 | the armed forces of the United States regardless of whether or | ||||||
18 | not the person was mobilized to active duty. An active member | ||||||
19 | of the National Guard or a reserve component of the armed | ||||||
20 | forces of the United States is eligible for the preference if | ||||||
21 | the member meets the service requirements of this subsection | ||||||
22 | (e). | ||||||
23 | (f) The augmented ratings shall be used when determining | ||||||
24 | the rank order of persons to be appointed. | ||||||
25 | (g) Employees in positions covered by jurisdiction B who, | ||||||
26 | while in good standing, leave to engage in military service |
| |||||||
| |||||||
1 | during a period of hostility, shall be given credit for | ||||||
2 | seniority purposes for time served in the armed forces. | ||||||
3 | (h) A surviving unremarried spouse of a veteran who | ||||||
4 | suffered a service connected death or the spouse of a veteran | ||||||
5 | who suffered a service connected disability that prevents the | ||||||
6 | veteran from qualifying for civil service employment shall be | ||||||
7 | entitled to the same preference to which the veteran would | ||||||
8 | have been entitled under this Section. | ||||||
9 | (i) A preference shall also be given to the following | ||||||
10 | individuals: 10 points for one parent of an unmarried veteran | ||||||
11 | who suffered a service connected death or a service connected | ||||||
12 | disability that prevents the veteran from qualifying for civil | ||||||
13 | service employment. The first parent to receive a civil | ||||||
14 | service appointment shall be the parent entitled to the | ||||||
15 | preference. | ||||||
16 | (j) The Department of Central Management Services shall | ||||||
17 | adopt rules and implement procedures to verify that any person | ||||||
18 | seeking a preference under this Section is entitled to the | ||||||
19 | preference. A person seeking a preference under this Section | ||||||
20 | shall provide documentation or execute any consents or other | ||||||
21 | documents required by the Department of Central Management | ||||||
22 | Services or any other State department or agency to enable the | ||||||
23 | department or agency to verify that the person is entitled to | ||||||
24 | the preference. | ||||||
25 | (k) If an applicant claims to be a veteran, the Department | ||||||
26 | of Central Management Services must verify that status before |
| |||||||
| |||||||
1 | granting a veteran preference by requiring a certified copy of | ||||||
2 | the applicant's most recent DD214 (Certificate of Release or | ||||||
3 | Discharge from Active Duty), NGB-22 (Proof of National Guard | ||||||
4 | Service), or other evidence of the applicant's most recent | ||||||
5 | honorable discharge from the Armed Forces of the United States | ||||||
6 | that is determined to be acceptable by the Department of | ||||||
7 | Central Management Services. | ||||||
8 | (Source: P.A. 103-108, eff. 6-27-23; 103-746, eff. 1-1-25 .)
| ||||||
9 | Section 60. The Children and Family Services Act is | ||||||
10 | amended by changing Section 5.46 as follows:
| ||||||
11 | (20 ILCS 505/5.46) | ||||||
12 | Sec. 5.46. Application for Social Security benefits, | ||||||
13 | Supplemental Security Income, Veterans benefits, and Railroad | ||||||
14 | Retirement benefits. | ||||||
15 | (a) Definitions. As used in this Section: | ||||||
16 | "Achieving a Better Life Experience Account" or "ABLE | ||||||
17 | account" means an account established for the purpose of | ||||||
18 | financing certain qualified expenses of eligible individuals | ||||||
19 | as specifically provided for in Section 529A of the Internal | ||||||
20 | Revenue Code and Section 16.6 of the State Treasurer Act. | ||||||
21 | "Benefits" means Social Security benefits, Supplemental | ||||||
22 | Security Income, Veterans benefits, and Railroad Retirement | ||||||
23 | benefits. | ||||||
24 | "DCFS Guardianship Administrator" means a Department |
| |||||||
| |||||||
1 | representative appointed as guardian of the person or legal | ||||||
2 | custodian of the minor youth in care. | ||||||
3 | "Youth's attorney and guardian ad litem" means the person | ||||||
4 | appointed as the youth's attorney or guardian ad litem in | ||||||
5 | accordance with the Juvenile Court Act of 1987 in the | ||||||
6 | proceeding in which the Department is appointed as the youth's | ||||||
7 | guardian or custodian. | ||||||
8 | (b) Application for benefits. | ||||||
9 | (1) Upon receiving temporary custody or guardianship | ||||||
10 | of a youth in care, the Department shall assess the youth | ||||||
11 | to determine whether the youth may be eligible for | ||||||
12 | benefits. If, after the assessment, the Department | ||||||
13 | determines that the youth may be eligible for benefits, | ||||||
14 | the Department shall ensure that an application is filed | ||||||
15 | on behalf of the youth. The Department shall prescribe by | ||||||
16 | rule how it will review cases of youth in care at regular | ||||||
17 | intervals to determine whether the youth may have become | ||||||
18 | eligible for benefits after the initial assessment. The | ||||||
19 | Department shall make reasonable efforts to encourage | ||||||
20 | youth in care over the age of 18 who are likely eligible | ||||||
21 | for benefits to cooperate with the application process and | ||||||
22 | to assist youth with the application process. | ||||||
23 | (2) When applying for benefits under this Section for | ||||||
24 | a youth in care the Department shall identify a | ||||||
25 | representative payee in accordance with the requirements | ||||||
26 | of 20 CFR 404.2021 and 416.621. If the Department is |
| |||||||
| |||||||
1 | seeking to be appointed as the youth's representative | ||||||
2 | payee, the Department must consider input, if provided, | ||||||
3 | from the youth's attorney and guardian ad litem regarding | ||||||
4 | whether another representative payee, consistent with the | ||||||
5 | requirements of 20 CFR 404.2021 and 416.621, is available. | ||||||
6 | If the Department serves as the representative payee for a | ||||||
7 | youth over the age of 18, the Department shall request a | ||||||
8 | court order, as described in subparagraph (C) of paragraph | ||||||
9 | (1) of subsection (d) and in subparagraph (C) of paragraph | ||||||
10 | (2) of subsection (d). | ||||||
11 | (c) Notifications. The Department shall immediately notify | ||||||
12 | a youth over the age of 16, the youth's attorney and guardian | ||||||
13 | ad litem, and the youth's parent or legal guardian or another | ||||||
14 | responsible adult of: | ||||||
15 | (1) any application for or any application to become | ||||||
16 | representative payee for benefits on behalf of a youth in | ||||||
17 | care; | ||||||
18 | (2) beginning January 1, 2025, any communications from | ||||||
19 | the Social Security Administration, the U.S. Department of | ||||||
20 | Veterans Affairs, or the Railroad Retirement Board | ||||||
21 | pertaining to the acceptance or denial of benefits or the | ||||||
22 | selection of a representative payee; and | ||||||
23 | (3) beginning January 1, 2025, any appeal or other | ||||||
24 | action requested by the Department regarding an | ||||||
25 | application for benefits. | ||||||
26 | (d) Use of benefits. Consistent with federal law, when the |
| |||||||
| |||||||
1 | Department serves as the representative payee for a youth | ||||||
2 | receiving benefits and receives benefits on the youth's | ||||||
3 | behalf, the Department shall: | ||||||
4 | (1) Beginning January 1, 2024, ensure that when the | ||||||
5 | youth attains the age of 14 years and until the Department | ||||||
6 | no longer serves as the representative payee, a minimum | ||||||
7 | percentage of the youth's Supplemental Security Income | ||||||
8 | benefits are conserved in accordance with paragraph (4) as | ||||||
9 | follows: | ||||||
10 | (A) From the age of 14 through age 15, at least | ||||||
11 | 40%. | ||||||
12 | (B) From the age of 16 through age 17, at least | ||||||
13 | 80%. | ||||||
14 | (C) From the age of 18 and older, 100%, when a | ||||||
15 | court order has been entered expressly authorizing the | ||||||
16 | DCFS Guardianship Administrator to serve as the | ||||||
17 | designated representative to establish an ABLE account | ||||||
18 | on behalf of a youth in accordance with paragraph (4). | ||||||
19 | (2) Beginning January 1, 2024, ensure that when the | ||||||
20 | youth attains the age of 14 years and until the Department | ||||||
21 | no longer serves as the representative payee a minimum | ||||||
22 | percentage of the youth's Social Security benefits, | ||||||
23 | Veterans benefits, or Railroad Retirement benefits are | ||||||
24 | conserved in accordance with paragraph (3) or (4), as | ||||||
25 | applicable, as follows: | ||||||
26 | (A) From the age of 14 through age 15, at least |
| |||||||
| |||||||
1 | 40%. | ||||||
2 | (B) From the age of 16 through age 17, at least | ||||||
3 | 80%. | ||||||
4 | (C) From the age of 18, 100%. If establishment of | ||||||
5 | an ABLE account is necessary to conserve benefits for | ||||||
6 | youth age 18 and older, then benefits shall be | ||||||
7 | conserved in accordance with paragraph (4) when a | ||||||
8 | court order has been entered expressly authorizing the | ||||||
9 | DCFS Guardianship Administrator to serve as the | ||||||
10 | designated representative to establish an ABLE account | ||||||
11 | on behalf of a youth. | ||||||
12 | (3) Exercise discretion in accordance with federal law | ||||||
13 | and in the best interests of the youth when making | ||||||
14 | decisions to use or conserve the youth's benefits that are | ||||||
15 | less than or not subject to asset or resource limits under | ||||||
16 | federal law, including using the benefits to address the | ||||||
17 | youth's special needs and conserving the benefits for the | ||||||
18 | youth's reasonably foreseeable future needs. | ||||||
19 | (4) Appropriately monitor any federal asset or | ||||||
20 | resource limits for the Supplemental Security Income | ||||||
21 | benefits and ensure that the youth's best interest is | ||||||
22 | served by using or conserving the benefits in a way that | ||||||
23 | avoids violating any federal asset or resource limits that | ||||||
24 | would affect the youth's eligibility to receive the | ||||||
25 | benefits, including, but not limited to: ; | ||||||
26 | (A) establishing an ABLE account authorized by |
| |||||||
| |||||||
1 | Section 529A of the Internal Revenue Code of 1986, for | ||||||
2 | the youth and conserving the youth's benefits in that | ||||||
3 | account in a manner that appropriately avoids any | ||||||
4 | federal asset or resource limits; | ||||||
5 | (B) if the Department determines that using the | ||||||
6 | benefits for services for current special needs not | ||||||
7 | already provided by the Department is in the best | ||||||
8 | interest of the youth, using the benefits for those | ||||||
9 | services; | ||||||
10 | (C) if federal law requires certain back payments | ||||||
11 | of benefits to be placed in a dedicated account, | ||||||
12 | complying with the requirements for dedicated accounts | ||||||
13 | under 20 CFR 416.640(e); and | ||||||
14 | (D) applying any other exclusions from federal | ||||||
15 | asset or resource limits available under federal law | ||||||
16 | and using or conserving the youth's benefits in a | ||||||
17 | manner that appropriately avoids any federal asset or | ||||||
18 | resource limits. | ||||||
19 | (e) By July 1, 2024, the Department shall provide a report | ||||||
20 | to the General Assembly regarding youth in care who receive | ||||||
21 | benefits who are not subject to this Act. The report shall | ||||||
22 | discuss a goal of expanding conservation of children's | ||||||
23 | benefits to all benefits of all children of any age for whom | ||||||
24 | the Department serves as representative payee. The report | ||||||
25 | shall include a description of any identified obstacles, steps | ||||||
26 | to be taken to address the obstacles, and a description of any |
| |||||||
| |||||||
1 | need for statutory, rule, or procedural changes. | ||||||
2 | (f) (1) Accounting. | ||||||
3 | (A) Beginning on November 17, 2023 ( the effective date | ||||||
4 | of Public Act 103-564) this amendatory Act of the 103rd | ||||||
5 | General Assembly through December 31, 2024, upon request | ||||||
6 | of the youth's attorney or guardian ad litem, the | ||||||
7 | Department shall provide an annual accounting to the | ||||||
8 | youth's attorney and guardian ad litem of how the youth's | ||||||
9 | benefits have been used and conserved. | ||||||
10 | (B) Beginning January 1, 2025 and every year | ||||||
11 | thereafter, an annual accounting of how the youth's | ||||||
12 | benefits have been used and conserved shall be provided | ||||||
13 | automatically to the youth's attorney and guardian ad | ||||||
14 | litem. | ||||||
15 | (C) In addition, within 10 business days of a request | ||||||
16 | from a youth or the youth's attorney and guardian ad | ||||||
17 | litem, the Department shall provide an accounting to the | ||||||
18 | youth of how the youth's benefits have been used and | ||||||
19 | conserved. | ||||||
20 | (2) The accounting shall include: | ||||||
21 | (A) The amount of benefits received on the youth's | ||||||
22 | behalf since the most recent accounting and the date | ||||||
23 | the benefits were received. | ||||||
24 | (B) Information regarding the youth's benefits and | ||||||
25 | resources, including the youth's benefits, insurance, | ||||||
26 | cash assets, trust accounts, earnings, and other |
| |||||||
| |||||||
1 | resources. | ||||||
2 | (C) An accounting of the disbursement of benefit | ||||||
3 | funds, including the date, amount, identification of | ||||||
4 | payee, and purpose. | ||||||
5 | (D) Information regarding each request by the | ||||||
6 | youth, the youth's attorney and guardian ad litem, or | ||||||
7 | the youth's caregiver for disbursement of funds and a | ||||||
8 | statement regarding the reason for not granting the | ||||||
9 | request if the request was denied. | ||||||
10 | When the Department's guardianship of the youth is being | ||||||
11 | terminated, prior to or upon the termination of guardianship, | ||||||
12 | the Department shall provide (i) a final accounting to the | ||||||
13 | youth's attorney and guardian ad litem, and to either the | ||||||
14 | person or persons who will assume guardianship of the youth or | ||||||
15 | who is in the process of adopting the youth, if the youth is | ||||||
16 | under 18, or to the youth, if the youth is over 18 and (ii) | ||||||
17 | information to the parent, guardian, or youth regarding how to | ||||||
18 | apply to become the designated representative for the youth's | ||||||
19 | ABLE account. | ||||||
20 | (g) Education. The Department shall provide the youth who | ||||||
21 | have funds conserved under paragraphs (1) and (2) of | ||||||
22 | subsection (d) with education and support, including specific | ||||||
23 | information regarding the existence, availability, and use of | ||||||
24 | funds conserved for the youth in accordance with paragraphs | ||||||
25 | (1) and (2) of subsection (d), beginning by age 14 in a | ||||||
26 | developmentally appropriate manner. The education and support |
| |||||||
| |||||||
1 | services shall be developed in consultation with input from | ||||||
2 | the Department's Statewide Youth Advisory Board. Education and | ||||||
3 | informational materials related to ABLE accounts shall be | ||||||
4 | developed in consultation with and approved by the State | ||||||
5 | Treasurer. | ||||||
6 | (h) Adoption of rules. The Department shall adopt rules to | ||||||
7 | implement the provisions of this Section by January 1, 2024. | ||||||
8 | (i) Reporting. No later than February 28, 2023, the | ||||||
9 | Department shall file a report with the General Assembly | ||||||
10 | providing the following information for State Fiscal Years | ||||||
11 | 2019, 2020, 2021, and 2022 and annually beginning February 28, | ||||||
12 | 2023, for the preceding fiscal year: | ||||||
13 | (1) The number of youth entering care. | ||||||
14 | (2) The number of youth entering care receiving each | ||||||
15 | of the following types of benefits: Social Security | ||||||
16 | benefits, Supplemental Security Income, Veterans benefits, | ||||||
17 | Railroad Retirement benefits. | ||||||
18 | (3) The number of youth entering care for whom the | ||||||
19 | Department filed an application for each of the following | ||||||
20 | types of benefits: Social Security benefits, Supplemental | ||||||
21 | Security Income, Veterans benefits, Railroad Retirement | ||||||
22 | benefits. | ||||||
23 | (4) The number of youth entering care who were awarded | ||||||
24 | each of the following types of benefits based on an | ||||||
25 | application filed by the Department: Social Security | ||||||
26 | benefits, Supplemental Security Income, Veterans benefits, |
| |||||||
| |||||||
1 | Railroad Retirement benefits. | ||||||
2 | (j) Annually beginning December 31, 2023, the Department | ||||||
3 | shall file a report with the General Assembly with the | ||||||
4 | following information regarding the preceding fiscal year: | ||||||
5 | (1) the number of conserved accounts established and | ||||||
6 | maintained for youth in care; | ||||||
7 | (2) the average amount conserved by age group; and | ||||||
8 | (3) the total amount conserved by age group. | ||||||
9 | (Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23; | ||||||
10 | 103-564, eff. 11-17-23; revised 7-18-24.)
| ||||||
11 | Section 65. The Department of Natural Resources | ||||||
12 | (Conservation) Law of the Civil Administrative Code of | ||||||
13 | Illinois is amended by changing Section 805-305 as follows:
| ||||||
14 | (20 ILCS 805/805-305) (was 20 ILCS 805/63a23) | ||||||
15 | Sec. 805-305. Campsites and housing facilities. | ||||||
16 | (a) The Department has the power to provide facilities for | ||||||
17 | overnight tent and trailer campsites and to provide suitable | ||||||
18 | housing facilities for student and juvenile overnight camping | ||||||
19 | groups. The Department of Natural Resources may regulate, by | ||||||
20 | administrative order, the fees to be charged for tent and | ||||||
21 | trailer camping units at individual park areas based upon the | ||||||
22 | facilities available. | ||||||
23 | (b) However, for campsites with access to showers or | ||||||
24 | electricity, any Illinois resident who is age 62 or older or |
| |||||||
| |||||||
1 | has a Class 2 disability as defined in Section 4A of the | ||||||
2 | Illinois Identification Card Act shall be charged only | ||||||
3 | one-half of the camping fee charged to the general public | ||||||
4 | during the period Monday through Thursday of any week and | ||||||
5 | shall be charged the same camping fee as the general public on | ||||||
6 | all other days. For campsites without access to showers or | ||||||
7 | electricity, no camping fee authorized by this Section shall | ||||||
8 | be charged to any resident of Illinois who has a Class 2 | ||||||
9 | disability as defined in Section 4A of the Illinois | ||||||
10 | Identification Card Act. For campsites without access to | ||||||
11 | showers or electricity, no camping fee authorized by this | ||||||
12 | Section shall be charged to any resident of Illinois who is age | ||||||
13 | 62 or older for the use of a campsite unit during the period | ||||||
14 | Monday through Thursday of any week. No camping fee authorized | ||||||
15 | by this Section shall be charged to any resident of Illinois | ||||||
16 | who is a veteran with a disability or a former prisoner of war, | ||||||
17 | as defined in Section 5 of the Department of Veterans | ||||||
18 | Veterans' Affairs Act. No camping fee authorized by this | ||||||
19 | Section shall be charged to any resident of Illinois after | ||||||
20 | returning from service abroad or mobilization by the President | ||||||
21 | of the United States as an active duty member of the United | ||||||
22 | States Armed Forces, the Illinois National Guard, or the | ||||||
23 | Reserves of the United States Armed Forces for the amount of | ||||||
24 | time that the active duty member spent in service abroad or | ||||||
25 | mobilized if the person applies for a pass with the Department | ||||||
26 | within 2 years after returning and provides acceptable |
| |||||||
| |||||||
1 | verification of service or mobilization to the Department. Any | ||||||
2 | portion of a year that the active duty member spent in service | ||||||
3 | abroad or mobilized shall count as a full year. The procedure | ||||||
4 | by which a person may provide to the Department verification | ||||||
5 | of service abroad or mobilization by the President of the | ||||||
6 | United States shall be set by administrative rule. | ||||||
7 | Nonresidents shall be charged the same fees as are authorized | ||||||
8 | for the general public regardless of age. The Department shall | ||||||
9 | provide by regulation for suitable proof of age, or either a | ||||||
10 | valid driver's license or a "Golden Age Passport" issued by | ||||||
11 | the federal government shall be acceptable as proof of age. | ||||||
12 | The Department shall further provide by regulation that notice | ||||||
13 | of these reduced admission fees be posted in a conspicuous | ||||||
14 | place and manner. | ||||||
15 | Reduced fees authorized in this Section shall not apply to | ||||||
16 | any charge for utility service. | ||||||
17 | For the purposes of this Section, "acceptable verification | ||||||
18 | of service or mobilization" means official documentation from | ||||||
19 | the Department of Defense or the appropriate Major Command | ||||||
20 | showing mobilization dates or service abroad dates, including: | ||||||
21 | (i) a DD-214, (ii) a letter from the Illinois Department of | ||||||
22 | Military Affairs for members of the Illinois National Guard, | ||||||
23 | (iii) a letter from the Regional Reserve Command for members | ||||||
24 | of the Armed Forces Reserve, (iv) a letter from the Major | ||||||
25 | Command covering Illinois for active duty members, (v) | ||||||
26 | personnel records for mobilized State employees, and (vi) any |
| |||||||
| |||||||
1 | other documentation that the Department, by administrative | ||||||
2 | rule, deems acceptable to establish dates of mobilization or | ||||||
3 | service abroad. | ||||||
4 | For the purposes of this Section, the term "service | ||||||
5 | abroad" means active duty service outside of the 50 United | ||||||
6 | States and the District of Columbia, and includes all active | ||||||
7 | duty service in territories and possessions of the United | ||||||
8 | States. | ||||||
9 | (c) To promote State campground use and Illinois State | ||||||
10 | Fair attendance, the Department shall waive the camping fees | ||||||
11 | for up to 2 nights of camping at Jim Edgar Panther Creek State | ||||||
12 | Fish and Wildlife Area, Sangchris Lake State Park, or | ||||||
13 | Lincoln's New Salem State Historic Site during the period from | ||||||
14 | August 11, 2024 to August 15, 2024 for a camper who: | ||||||
15 | (1) is 18 years of age or older; | ||||||
16 | (2) provides proof of having purchased, between June | ||||||
17 | 26, 2024 and July 3, 2024, a season admission ticket | ||||||
18 | booklet from the Department of Agriculture for entry into | ||||||
19 | the 2024 Illinois State Fair in Springfield; and | ||||||
20 | (3) requests the camping fee waiver in person at the | ||||||
21 | time of permit issuance at the State campground. | ||||||
22 | The waivers under this subsection (c) shall be granted on | ||||||
23 | a first-come, first-served basis for a maximum of 40 sites at | ||||||
24 | each of the 3 identified State campgrounds. Fees for utility | ||||||
25 | service are not subject to waiver. Waivers under this | ||||||
26 | subsection (c) are limited to one per camper. |
| |||||||
| |||||||
1 | (Source: P.A. 102-780, eff. 5-13-22; 103-588, eff. 6-5-24.)
| ||||||
2 | Section 70. The Department of Human Services Act is | ||||||
3 | amended by changing Section 1-80 as follows:
| ||||||
4 | (20 ILCS 1305/1-80) | ||||||
5 | Sec. 1-80. Homeless services and supportive housing; | ||||||
6 | veterans data. The Department's Bureau of Homeless Services | ||||||
7 | and Supportive Housing within the Office of Family Support | ||||||
8 | Services shall annually review and collect data on the number | ||||||
9 | of military veterans receiving services or benefits under the | ||||||
10 | Emergency and Transitional Housing Program, the Emergency Food | ||||||
11 | Program, the Homeless Prevention Program, the Supporting | ||||||
12 | Housing Program, and the Prince Home at Manteno administered | ||||||
13 | by the Department of Veterans Veterans' Affairs. The Bureau | ||||||
14 | may request and receive the cooperation of the Department of | ||||||
15 | Veterans Veterans' Affairs and any other State agency that is | ||||||
16 | relevant to the collection of the data required under this | ||||||
17 | Section. The Bureau shall annually submit to the General | ||||||
18 | Assembly a written report that details the number of military | ||||||
19 | veterans served under each program no later than December 31, | ||||||
20 | 2023 and every December 31 thereafter. | ||||||
21 | (Source: P.A. 102-961, eff. 1-1-23; 103-154, eff. 6-30-23.)
| ||||||
22 | Section 75. The Illinois Lottery Law is amended by | ||||||
23 | changing Section 21.6 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 1605/21.6) | ||||||
2 | Sec. 21.6. Scratch-off for Illinois veterans. | ||||||
3 | (a) The Department shall offer a special instant | ||||||
4 | scratch-off game for the benefit of Illinois veterans. The | ||||||
5 | game shall commence on January 1, 2006 or as soon thereafter, | ||||||
6 | at the discretion of the Director, as is reasonably practical. | ||||||
7 | The operation of the game shall be governed by this Act and any | ||||||
8 | rules adopted by the Department. | ||||||
9 | (b) The Illinois Veterans Assistance Fund is created as a | ||||||
10 | special fund in the State treasury. The net revenue from the | ||||||
11 | Illinois veterans scratch-off game shall be deposited into the | ||||||
12 | Fund for appropriation by the General Assembly solely to the | ||||||
13 | Department of Veterans Veterans' Affairs for making grants, | ||||||
14 | funding additional services, or conducting additional research | ||||||
15 | projects relating to each of the following: | ||||||
16 | (i) veterans' behavioral health services; | ||||||
17 | (ii) veterans' homelessness; | ||||||
18 | (iii) the health insurance costs of veterans; | ||||||
19 | (iv) veterans' disability benefits, including but not | ||||||
20 | limited to, disability benefits provided by veterans | ||||||
21 | service organizations and veterans assistance commissions | ||||||
22 | or centers; | ||||||
23 | (v) the long-term care of veterans; provided that, | ||||||
24 | beginning with moneys appropriated for fiscal year 2008, | ||||||
25 | no more than 20% of such moneys shall be used for health |
| |||||||
| |||||||
1 | insurance costs; | ||||||
2 | (vi) veteran employment and employment training; and | ||||||
3 | (vii) veterans' emergency financial assistance, | ||||||
4 | including, but not limited to, past due utilities, | ||||||
5 | housing, and transportation costs. | ||||||
6 | In order to expend moneys from this special fund, | ||||||
7 | beginning with moneys appropriated for fiscal year 2008, the | ||||||
8 | Director of Veterans Veterans' Affairs shall appoint a | ||||||
9 | 3-member funding authorization committee. The Director shall | ||||||
10 | designate one of the members as chairperson. The committee | ||||||
11 | shall meet on a quarterly basis, at a minimum, and shall | ||||||
12 | authorize expenditure of moneys from the special fund by a | ||||||
13 | two-thirds vote. Decisions of the committee shall not take | ||||||
14 | effect unless and until approved by the Director of Veterans | ||||||
15 | Veterans' Affairs. Each member of the committee shall serve | ||||||
16 | until a replacement is named by the Director of Veterans | ||||||
17 | Veterans' Affairs. One member of the committee shall be a | ||||||
18 | member of the Veterans' Advisory Council. | ||||||
19 | Moneys collected from the special instant scratch-off game | ||||||
20 | shall be used only as a supplemental financial resource and | ||||||
21 | shall not supplant existing moneys that the Department of | ||||||
22 | Veterans Veterans' Affairs may currently expend for the | ||||||
23 | purposes set forth in items (i) through (v). | ||||||
24 | Moneys received for the purposes of this Section, | ||||||
25 | including, without limitation, net revenue from the special | ||||||
26 | instant scratch-off game and from gifts, grants, and awards |
| |||||||
| |||||||
1 | from any public or private entity, must be deposited into the | ||||||
2 | Fund. Any interest earned on moneys in the Fund must be | ||||||
3 | deposited into the Fund. | ||||||
4 | As used in this subsection, "net revenue" means the total | ||||||
5 | amount for which tickets have been sold less the sum of the | ||||||
6 | amount paid out in the prizes and to retailers, and direct and | ||||||
7 | estimated administrative expenses of the Department solely | ||||||
8 | related to the scratch-off game under this Section. | ||||||
9 | (c) During the time that tickets are sold for the Illinois | ||||||
10 | veterans scratch-off game, the Department shall not | ||||||
11 | unreasonably diminish the efforts devoted to marketing any | ||||||
12 | other instant scratch-off lottery game. | ||||||
13 | (d) The Department may adopt any rules necessary to | ||||||
14 | implement and administer the provisions of this Section. | ||||||
15 | (Source: P.A. 102-948, eff. 1-1-23; 103-381, eff. 7-28-23.)
| ||||||
16 | Section 80. The Department of Public Health Powers and | ||||||
17 | Duties Law of the Civil Administrative Code of Illinois is | ||||||
18 | amended by changing Section 2310-376 as follows:
| ||||||
19 | (20 ILCS 2310/2310-376) | ||||||
20 | Sec. 2310-376. Hepatitis education and outreach. | ||||||
21 | (a) The Illinois General Assembly finds and declares the | ||||||
22 | following: | ||||||
23 | (1) The World Health Organization characterizes | ||||||
24 | hepatitis as a disease of primary concern to humanity. |
| |||||||
| |||||||
1 | (2) Hepatitis is considered a silent killer; no | ||||||
2 | recognizable signs or symptoms occur until severe liver | ||||||
3 | damage has occurred. | ||||||
4 | (3) Studies indicate that nearly 4 million Americans | ||||||
5 | (1.8 percent of the population) carry the virus HCV that | ||||||
6 | causes the disease. | ||||||
7 | (4) 30,000 acute new infections occur each year in the | ||||||
8 | United States, and only 25 to 30 percent are diagnosed. | ||||||
9 | (5) 8,000 to 10,000 Americans die from the disease | ||||||
10 | each year. | ||||||
11 | (6) 200,000 Illinois residents may be carriers and | ||||||
12 | could develop the debilitating and potentially deadly | ||||||
13 | liver disease. | ||||||
14 | (7) Inmates of correctional facilities have a higher | ||||||
15 | incidence of hepatitis and, upon their release, present a | ||||||
16 | significant health risk to the general population. | ||||||
17 | (8) Illinois members of the armed services are subject | ||||||
18 | to an increased risk of contracting hepatitis due to their | ||||||
19 | possible receipt of contaminated blood during a | ||||||
20 | transfusion occurring for the treatment of wounds and due | ||||||
21 | to their service in areas of the World where the disease is | ||||||
22 | more prevalent and healthcare is less capable of detecting | ||||||
23 | and treating the disease. Many of these service members | ||||||
24 | are unaware of the danger of hepatitis and their increased | ||||||
25 | risk of contracting the disease. | ||||||
26 | (b) Subject to appropriation, the Department shall conduct |
| |||||||
| |||||||
1 | an education and outreach campaign, in addition to its overall | ||||||
2 | effort to prevent infectious disease in Illinois, in order to | ||||||
3 | raise awareness about and promote prevention of hepatitis. | ||||||
4 | (c) Subject to appropriation, in addition to the education | ||||||
5 | and outreach campaign provided in subsection (b), the | ||||||
6 | Department shall develop and make available to physicians, | ||||||
7 | other health care providers, members of the armed services, | ||||||
8 | and other persons subject to an increased risk of contracting | ||||||
9 | hepatitis, educational materials, in written and electronic | ||||||
10 | forms, on the diagnosis, treatment, and prevention of the | ||||||
11 | disease. These materials shall include the recommendations of | ||||||
12 | the federal Centers for Disease Control and Prevention and any | ||||||
13 | other persons or entities determined by the Department to have | ||||||
14 | particular expertise on hepatitis, including the American | ||||||
15 | Liver Foundation. These materials shall be written in terms | ||||||
16 | that are understandable by members of the general public. | ||||||
17 | (d) The Department shall establish an Advisory Council on | ||||||
18 | Hepatitis to develop a hepatitis prevention plan. The | ||||||
19 | Department shall specify the membership, members' terms, | ||||||
20 | provisions for removal of members, chairmen, and purpose of | ||||||
21 | the Advisory Council. The Advisory Council shall consist of | ||||||
22 | one representative from each of the following State agencies | ||||||
23 | or offices, appointed by the head of each agency or office: | ||||||
24 | (1) The Department of Public Health. | ||||||
25 | (2) The Department of Public Aid. | ||||||
26 | (3) The Department of Corrections. |
| |||||||
| |||||||
1 | (4) The Department of Veterans Veterans' Affairs. | ||||||
2 | (5) The Department on Aging. | ||||||
3 | (6) The Department of Human Services. | ||||||
4 | (7) The Illinois State Police. | ||||||
5 | (8) The office of the State Fire Marshal. | ||||||
6 | The Director shall appoint representatives of | ||||||
7 | organizations and advocates in the State of Illinois, | ||||||
8 | including, but not limited to, the American Liver Foundation. | ||||||
9 | The Director shall also appoint interested members of the | ||||||
10 | public, including consumers and providers of health services | ||||||
11 | and representatives of local public health agencies, to | ||||||
12 | provide recommendations and information to the members of the | ||||||
13 | Advisory Council. Members of the Advisory Council shall serve | ||||||
14 | on a voluntary, unpaid basis and are not entitled to | ||||||
15 | reimbursement for mileage or other costs they incur in | ||||||
16 | connection with performing their duties. | ||||||
17 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
18 | Section 85. The Department of Veterans' Affairs Act is | ||||||
19 | amended by changing the title of the Act and Sections 0.01, 1, | ||||||
20 | 1.5, 2, 2.01, 2.01c, 2.04, 2.10, 5, 15, 37, and 39 as follows:
| ||||||
21 | (20 ILCS 2805/Act title) | ||||||
22 | An Act creating the Illinois Department of Veterans | ||||||
23 | Affairs (formerly the Illinois Department of Veterans' | ||||||
24 | Affairs ) .
|
| |||||||
| |||||||
1 | (20 ILCS 2805/0.01) (from Ch. 126 1/2, par. 65.9) | ||||||
2 | Sec. 0.01. Short title. This Act may be cited as the | ||||||
3 | Department of Veterans Affairs Act (formerly the Department of | ||||||
4 | Veterans' Affairs Act ) . | ||||||
5 | (Source: P.A. 100-143, eff. 1-1-18 .)
| ||||||
6 | (20 ILCS 2805/1) (from Ch. 126 1/2, par. 66) | ||||||
7 | Sec. 1. There is created the Illinois Department of | ||||||
8 | Veterans Affairs (formerly the Illinois Department of | ||||||
9 | Veterans' Affairs ) . The Department is the successor agency to | ||||||
10 | the Illinois Veterans' Commission. | ||||||
11 | (Source: P.A. 89-324, eff. 8-13-95.)
| ||||||
12 | (20 ILCS 2805/1.5) | ||||||
13 | Sec. 1.5. Definitions. In this Act: | ||||||
14 | "Department" means the Illinois Department of Veterans | ||||||
15 | Veterans' Affairs. | ||||||
16 | "Veterans Home", unless the context indicates otherwise, | ||||||
17 | means any or all of the Illinois Veterans Homes operated and | ||||||
18 | maintained by the Department. "Veterans Home" includes a | ||||||
19 | facility operated and maintained by the Department in the City | ||||||
20 | of Quincy that provides housing to residents of the Veterans | ||||||
21 | Home at Quincy. | ||||||
22 | (Source: P.A. 100-608, eff. 1-1-19 .)
|
| |||||||
| |||||||
1 | (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67) | ||||||
2 | Sec. 2. Powers and duties. The Department shall have the | ||||||
3 | following powers and duties: | ||||||
4 | To perform such acts at the request of any veteran, or his | ||||||
5 | or her spouse, surviving spouse or dependents as shall be | ||||||
6 | reasonably necessary or reasonably incident to obtaining or | ||||||
7 | endeavoring to obtain for the requester any advantage, benefit | ||||||
8 | or emolument accruing or due to such person under any law of | ||||||
9 | the United States, the State of Illinois or any other state or | ||||||
10 | governmental agency by reason of the service of such veteran, | ||||||
11 | and in pursuance thereof shall: | ||||||
12 | (1) Contact veterans, their survivors and dependents | ||||||
13 | and advise them of the benefits of state and federal laws | ||||||
14 | and assist them in obtaining such benefits; | ||||||
15 | (2) Establish field offices and direct the activities | ||||||
16 | of the personnel assigned to such offices; | ||||||
17 | (3) Create and maintain a volunteer field force; the | ||||||
18 | volunteer field force may include representatives from the | ||||||
19 | following without limitation: educational institutions, | ||||||
20 | labor organizations, veterans organizations, employers, | ||||||
21 | churches, and farm organizations; the volunteer field | ||||||
22 | force may not process federal veterans assistance claims; | ||||||
23 | (4) Conduct informational and training services; | ||||||
24 | (5) Conduct educational programs through newspapers, | ||||||
25 | periodicals, social media, television, and radio for the | ||||||
26 | specific purpose of disseminating information affecting |
| |||||||
| |||||||
1 | veterans and their dependents; | ||||||
2 | (6) Coordinate the services and activities of all | ||||||
3 | state departments having services and resources affecting | ||||||
4 | veterans and their dependents; | ||||||
5 | (7) Encourage and assist in the coordination of | ||||||
6 | agencies within counties giving service to veterans and | ||||||
7 | their dependents; | ||||||
8 | (8) Cooperate with veterans organizations and other | ||||||
9 | governmental agencies; | ||||||
10 | (9) Make, alter, amend and promulgate reasonable rules | ||||||
11 | and procedures for the administration of this Act; | ||||||
12 | (10) Make and publish annual reports to the Governor | ||||||
13 | regarding the administration and general operation of the | ||||||
14 | Department; | ||||||
15 | (11) (Blank); | ||||||
16 | (12) (Blank); and | ||||||
17 | (13) Provide informational resources and education to | ||||||
18 | veterans returning from deployment regarding service | ||||||
19 | animals for individuals with disabilities, including, but | ||||||
20 | not limited to, resources and education on service animals | ||||||
21 | that guide people who are blind, pull a wheelchair, alert | ||||||
22 | a person with hearing loss, protect a person having a | ||||||
23 | seizure, assist a person with a traumatic brain injury, | ||||||
24 | and calm a person with post-traumatic stress disorder | ||||||
25 | during an anxiety attack or psychiatric episode. | ||||||
26 | The Department may accept and hold on behalf of the State, |
| |||||||
| |||||||
1 | if for the public interest, a grant, gift, devise or bequest of | ||||||
2 | money or property to the Department made for the general | ||||||
3 | benefit of Illinois veterans, including the conduct of | ||||||
4 | informational and training services by the Department and | ||||||
5 | other authorized purposes of the Department. The Department | ||||||
6 | shall cause each grant, gift, devise or bequest to be kept as a | ||||||
7 | distinct fund and shall invest such funds in the manner | ||||||
8 | provided by the Public Funds Investment Act, as now or | ||||||
9 | hereafter amended, and shall make such reports as may be | ||||||
10 | required by the Comptroller concerning what funds are so held | ||||||
11 | and the manner in which such funds are invested. The | ||||||
12 | Department may make grants from these funds for the general | ||||||
13 | benefit of Illinois veterans. Grants from these funds, except | ||||||
14 | for the funds established under Sections 2.01a and 2.03, shall | ||||||
15 | be subject to appropriation. | ||||||
16 | The Department has the power to make grants, from funds | ||||||
17 | appropriated from the Illinois Military Family Relief Fund, | ||||||
18 | for benefits authorized under the Survivors Compensation Act. | ||||||
19 | (Source: P.A. 99-314, eff. 8-7-15; 99-576, eff. 7-15-16; | ||||||
20 | 100-84, eff. 1-1-18 .)
| ||||||
21 | (20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01) | ||||||
22 | Sec. 2.01. Veterans Home admissions. | ||||||
23 | (a) Any honorably discharged veteran is entitled to | ||||||
24 | admission to an Illinois Veterans Home if the applicant meets | ||||||
25 | the requirements of this Section. |
| |||||||
| |||||||
1 | (b) The veteran must: | ||||||
2 | (1) have served in the armed forces of the United | ||||||
3 | States at least 1 day in World War II, the Korean Conflict, | ||||||
4 | the Viet Nam Campaign, or the Persian Gulf Conflict | ||||||
5 | between the dates recognized by the U.S. Department of | ||||||
6 | Veterans Affairs or between any other present or future | ||||||
7 | dates recognized by the U.S. Department of Veterans | ||||||
8 | Affairs as a war period, or have served in a hostile fire | ||||||
9 | environment and has been awarded a campaign or | ||||||
10 | expeditionary medal signifying his or her service, for | ||||||
11 | purposes of eligibility for domiciliary or nursing home | ||||||
12 | care; | ||||||
13 | (2) have served and been honorably discharged or | ||||||
14 | retired from the armed forces of the United States for a | ||||||
15 | service connected disability or injury, for purposes of | ||||||
16 | eligibility for domiciliary or nursing home care; | ||||||
17 | (3) have served as an enlisted person at least 90 days | ||||||
18 | on active duty in the armed forces of the United States, | ||||||
19 | excluding service on active duty for training purposes | ||||||
20 | only, and entered active duty before September 8, 1980, | ||||||
21 | for purposes of eligibility for domiciliary or nursing | ||||||
22 | home care; | ||||||
23 | (4) have served as an officer at least 90 days on | ||||||
24 | active duty in the armed forces of the United States, | ||||||
25 | excluding service on active duty for training purposes | ||||||
26 | only, and entered active duty before October 17, 1981, for |
| |||||||
| |||||||
1 | purposes of eligibility for domiciliary or nursing home | ||||||
2 | care; | ||||||
3 | (5) have served on active duty in the armed forces of | ||||||
4 | the United States for 24 months of continuous service or | ||||||
5 | more, excluding active duty for training purposes only, | ||||||
6 | and enlisted after September 7, 1980, for purposes of | ||||||
7 | eligibility for domiciliary or nursing home care; | ||||||
8 | (6) have served as a reservist in the armed forces of | ||||||
9 | the United States or the National Guard and the service | ||||||
10 | included being called to federal active duty, excluding | ||||||
11 | service on active duty for training purposes only, and who | ||||||
12 | completed the term, for purposes of eligibility for | ||||||
13 | domiciliary or nursing home care; | ||||||
14 | (7) have been discharged for reasons of hardship or | ||||||
15 | released from active duty due to a reduction in the United | ||||||
16 | States armed forces prior to the completion of the | ||||||
17 | required period of service, regardless of the actual time | ||||||
18 | served, for purposes of eligibility for domiciliary or | ||||||
19 | nursing home care; or | ||||||
20 | (8) have served in the National Guard or Reserve | ||||||
21 | Forces of the United States and completed 20 years of | ||||||
22 | satisfactory service, be otherwise eligible to receive | ||||||
23 | reserve or active duty retirement benefits, and have been | ||||||
24 | an Illinois resident for at least one year before applying | ||||||
25 | for admission for purposes of eligibility for domiciliary | ||||||
26 | care only. |
| |||||||
| |||||||
1 | (c) The veteran must have service accredited to the State | ||||||
2 | of Illinois or have been a resident of this State for one year | ||||||
3 | immediately preceding the date of application. | ||||||
4 | (d) For admission to the Illinois Veterans Homes at Anna | ||||||
5 | and Quincy, the veteran must have developed a disability by | ||||||
6 | disease, wounds, or otherwise and because of the disability be | ||||||
7 | incapable of earning a living. | ||||||
8 | (e) For admission to the Illinois Veterans Homes at | ||||||
9 | Chicago, LaSalle, and Manteno, the veteran must have developed | ||||||
10 | a disability by disease, wounds, or otherwise and, for | ||||||
11 | purposes of eligibility for nursing home care, require nursing | ||||||
12 | care because of the disability. | ||||||
13 | (f) An individual who served during a time of conflict as | ||||||
14 | set forth in paragraph (1) of subsection (b) of this Section | ||||||
15 | has preference over all other qualifying candidates, for | ||||||
16 | purposes of eligibility for domiciliary or nursing home care | ||||||
17 | at any Illinois Veterans Home. | ||||||
18 | (g) A veteran or spouse, once admitted to an Illinois | ||||||
19 | Veterans Home facility, is considered a resident for | ||||||
20 | interfacility purposes. | ||||||
21 | (h) A non-veteran spouse shall only have the same priority | ||||||
22 | for admission to a Veterans Home as a veteran if the | ||||||
23 | non-veteran spouse and his or her veteran spouse are admitted | ||||||
24 | at the same time to live together at the Veterans Home. | ||||||
25 | (Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15; | ||||||
26 | 99-642, eff. 7-28-16; 100-392, eff. 8-25-17; 100-942, eff. |
| |||||||
| |||||||
1 | 1-1-19 .)
| ||||||
2 | (20 ILCS 2805/2.01c) | ||||||
3 | Sec. 2.01c. Veterans Home; notice of infectious disease. | ||||||
4 | (a) As used in this Section, "infectious disease" means | ||||||
5 | any disease caused by a living organism or other pathogen, | ||||||
6 | including a fungus, bacteria, parasite, protozoan, prion, or | ||||||
7 | virus, that has a history of or potential for a significant | ||||||
8 | mortality rate among elderly or vulnerable populations, | ||||||
9 | including, but not limited to, strains of influenza, | ||||||
10 | Legionnaires' disease, and pneumonia. | ||||||
11 | (b) If a Veterans Home administrator or a member of the | ||||||
12 | administrative staff is notified that, within one month or | ||||||
13 | less, 2 or more persons residing within the Veterans Home are | ||||||
14 | diagnosed with an infectious disease by a physician licensed | ||||||
15 | to practice medicine in all its branches; a hospital licensed | ||||||
16 | under the Hospital Licensing Act or organized under the | ||||||
17 | University of Illinois Hospital Act; a long-term care facility | ||||||
18 | licensed under the Nursing Home Care Act; a freestanding | ||||||
19 | emergency center licensed under the Emergency Medical Services | ||||||
20 | (EMS) Systems Act; a local health department; or any other | ||||||
21 | State agency or government entity, then, within 24 hours after | ||||||
22 | the facility is notified of the second diagnosis, the Veterans | ||||||
23 | Home must: | ||||||
24 | (1) provide a written notification of the incidence of | ||||||
25 | the infectious disease to each resident of the facility |
| |||||||
| |||||||
1 | and the resident's emergency contact or next of kin; | ||||||
2 | (2) post a notification of the incidence of the | ||||||
3 | infectious disease in a conspicuous place near the main | ||||||
4 | entrance to the Veterans Home; and | ||||||
5 | (3) provide a written notification to the Department | ||||||
6 | of Veterans Veterans' Affairs and the Department of Public | ||||||
7 | Health of the incidence of the infectious disease and of | ||||||
8 | compliance with the written notification requirements of | ||||||
9 | paragraph (1). | ||||||
10 | In addition to the initial written notifications, the Veterans | ||||||
11 | Home must provide written notifications of any updates on the | ||||||
12 | incidence of the infectious disease and any options that are | ||||||
13 | available to the residents. | ||||||
14 | The Department of Veterans Veterans' Affairs and the | ||||||
15 | Department of Public Health must post the notification of the | ||||||
16 | incidence of the infectious disease, any updates, and any | ||||||
17 | options that are available to the residents on their websites | ||||||
18 | as soon as practicable after receiving the notification, but | ||||||
19 | in no event shall the notice be posted later than the end of | ||||||
20 | the next business day. | ||||||
21 | (Source: P.A. 100-632, eff. 7-27-18.)
| ||||||
22 | (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04) | ||||||
23 | Sec. 2.04. There shall be established in the State | ||||||
24 | Treasury special funds known as (i) the LaSalle Veterans Home | ||||||
25 | Fund, (ii) the Anna Veterans Home Fund, (iii) the Manteno |
| |||||||
| |||||||
1 | Veterans Home Fund, and (iv) the Quincy Veterans Home Fund. | ||||||
2 | All moneys received by an Illinois Veterans Home from Medicare | ||||||
3 | and from maintenance charges to veterans, spouses, and | ||||||
4 | surviving spouses residing at that Home shall be paid into | ||||||
5 | that Home's Fund. All moneys received from the U.S. Department | ||||||
6 | of Veterans Affairs for patient care shall be transmitted to | ||||||
7 | the Treasurer of the State for deposit in the Veterans Home | ||||||
8 | Fund for the Home in which the veteran resides. Appropriations | ||||||
9 | shall be made from a Fund only for the needs of the Home, | ||||||
10 | including capital improvements, building rehabilitation, and | ||||||
11 | repairs. The Illinois Veterans' Homes Fund shall be the | ||||||
12 | Veterans Home Fund for the Illinois Veterans Home at Chicago. | ||||||
13 | The administrator of each Veterans Home shall establish a | ||||||
14 | locally held member's benefits fund. The Director may | ||||||
15 | authorize the Veterans Home to conduct limited fundraising in | ||||||
16 | accordance with applicable laws and regulations for which the | ||||||
17 | sole purpose is to benefit the Veterans Home's member's | ||||||
18 | benefits fund. Revenues accruing to an Illinois Veterans Home, | ||||||
19 | including any donations, grants for the operation of the Home, | ||||||
20 | profits from commissary stores, and funds received from any | ||||||
21 | individual or other source, including limited fundraising, | ||||||
22 | shall be deposited into that Home's benefits fund. | ||||||
23 | Expenditures from the benefits funds shall be solely for the | ||||||
24 | special comfort, pleasure, and amusement of residents. | ||||||
25 | Contributors of unsolicited private donations may specify the | ||||||
26 | purpose for which the private donations are to be used. |
| |||||||
| |||||||
1 | Upon request of the Department, the State's Attorney of | ||||||
2 | the county in which a resident or living former resident of an | ||||||
3 | Illinois Veterans Home who is liable under this Act for | ||||||
4 | payment of sums representing maintenance charges resides shall | ||||||
5 | file an action in a court of competent jurisdiction against | ||||||
6 | any such person who fails or refuses to pay such sums. The | ||||||
7 | court may order the payment of sums due to maintenance charges | ||||||
8 | for such period or periods of time as the circumstances | ||||||
9 | require. | ||||||
10 | Upon the death of a person who is or has been a resident of | ||||||
11 | an Illinois Veterans Home who is liable for maintenance | ||||||
12 | charges and who is possessed of property, the Department may | ||||||
13 | present a claim for such sum or for the balance due in case | ||||||
14 | less than the rate prescribed under this Act has been paid. The | ||||||
15 | claim shall be allowed and paid as other lawful claims against | ||||||
16 | the estate. | ||||||
17 | The administrator of each Veterans Home shall establish a | ||||||
18 | locally held trust fund to maintain moneys held for residents. | ||||||
19 | Whenever the Department finds it necessary to preserve order, | ||||||
20 | preserve health, or enforce discipline, the resident shall | ||||||
21 | deposit in a trust account at the Home such monies from any | ||||||
22 | source of income as may be determined necessary, and | ||||||
23 | disbursement of these funds to the resident shall be made only | ||||||
24 | by direction of the administrator. | ||||||
25 | If a resident of an Illinois Veterans Home has a dependent | ||||||
26 | child, spouse, or parent the administrator may require that |
| |||||||
| |||||||
1 | all monies received be deposited in a trust account with | ||||||
2 | dependency contributions being made at the direction of the | ||||||
3 | administrator. The balance retained in the trust account shall | ||||||
4 | be disbursed to the resident at the time of discharge from the | ||||||
5 | Home or to his or her heirs or legal representative at the time | ||||||
6 | of the resident's death, subject to Department regulations or | ||||||
7 | order of the court. | ||||||
8 | The Director of Central Management Services, with the | ||||||
9 | consent of the Director of Veterans Veterans' Affairs, is | ||||||
10 | authorized and empowered to lease or let any real property | ||||||
11 | held by the Department of Veterans Veterans' Affairs for an | ||||||
12 | Illinois Veterans Home to entities or persons upon terms and | ||||||
13 | conditions which are considered to be in the best interest of | ||||||
14 | that Home. The real property must not be needed for any direct | ||||||
15 | or immediate purpose of the Home. In any leasing or letting, | ||||||
16 | primary consideration shall be given to the use of real | ||||||
17 | property for agricultural purposes, and all moneys received | ||||||
18 | shall be transmitted to the Treasurer of the State for deposit | ||||||
19 | in the appropriate Veterans Home Fund. | ||||||
20 | Each administrator of an Illinois Veterans Home who has an | ||||||
21 | established locally held member's benefits fund shall prepare | ||||||
22 | and submit to the Department a monthly report of all donations | ||||||
23 | received, including donations of a nonmonetary nature. The | ||||||
24 | report shall include the end of month balance of the locally | ||||||
25 | held member's benefits fund. | ||||||
26 | (Source: P.A. 102-549, eff. 1-1-22; 102-813, eff. 5-13-22.)
|
| |||||||
| |||||||
1 | (20 ILCS 2805/2.10) | ||||||
2 | Sec. 2.10. Conflicts with the Nursing Home Care Act. If | ||||||
3 | there is a conflict between the provisions of this Act and the | ||||||
4 | provisions of the Nursing Home Care Act concerning an Illinois | ||||||
5 | Veterans Home not operated by the Department of Veterans | ||||||
6 | Veterans' Affairs, then the provisions of the Nursing Home | ||||||
7 | Care Act shall apply. If there is a conflict between the | ||||||
8 | provisions of this Act and the provisions of the Nursing Home | ||||||
9 | Care Act concerning an Illinois Veterans Home operated by the | ||||||
10 | Illinois Department of Veterans Veterans' Affairs, then the | ||||||
11 | provisions of this Act shall apply. | ||||||
12 | (Source: P.A. 96-703, eff. 8-25-09.)
| ||||||
13 | (20 ILCS 2805/5) (from Ch. 126 1/2, par. 70) | ||||||
14 | Sec. 5. (a) Every veteran with a disability who is a | ||||||
15 | resident of Illinois shall be exempt from all camping and | ||||||
16 | admission fees in parks under the control of the Department of | ||||||
17 | Natural Resources. For the purpose of this subsection (a), a | ||||||
18 | resident veteran with a disability is one who has a permanent | ||||||
19 | disability from service connected causes with 100% disability | ||||||
20 | or one who has permanently lost the use of a leg or both legs | ||||||
21 | or an arm or both arms or any combination thereof or any person | ||||||
22 | who has a disability so severe as to be unable to move without | ||||||
23 | the aid of crutches or a wheelchair. The Department shall | ||||||
24 | issue free use permits to those eligible veterans. To |
| |||||||
| |||||||
1 | establish eligibility, the veteran shall present an award | ||||||
2 | letter or some other identifying disability document, together | ||||||
3 | with proper identification, to any office of the Department. | ||||||
4 | Subject to the approval of the Department of Natural | ||||||
5 | Resources, the Department of Veterans Veterans' Affairs shall | ||||||
6 | establish the form or permit identifier to be issued. | ||||||
7 | (b) Every veteran who is a resident of Illinois and a | ||||||
8 | former prisoner of war shall be exempt from all camping and | ||||||
9 | admission fees in parks under the control of the Department of | ||||||
10 | Natural Resources. For the purposes of this subsection (b), a | ||||||
11 | former prisoner of war is a veteran who was taken and held | ||||||
12 | prisoner by a hostile foreign force while participating in an | ||||||
13 | armed conflict as a member of the United States armed forces. | ||||||
14 | Any identification card or other form of identification issued | ||||||
15 | by the Veterans' Administration or other governmental agency | ||||||
16 | which indicates the card-holder's former prisoner of war | ||||||
17 | status shall be sufficient to accord such card-holder the | ||||||
18 | fee-exempt admission or camping privileges under this | ||||||
19 | subsection. | ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
21 | (20 ILCS 2805/15) | ||||||
22 | Sec. 15. Veterans advisory council. | ||||||
23 | (a) A veterans advisory council shall be established in | ||||||
24 | the State of Illinois. The council shall consist of at least 21 | ||||||
25 | members as follows: |
| |||||||
| |||||||
1 | (1) Four members of the General Assembly, appointed | ||||||
2 | one each by the President of the Senate, the Minority | ||||||
3 | Leader of the Senate, the Speaker of the House of | ||||||
4 | Representatives, and the Minority Leader of the House of | ||||||
5 | Representatives, preferably from a legislative or | ||||||
6 | representative district in which a State-operated veterans | ||||||
7 | home is located. | ||||||
8 | (2) Six veterans appointed by the Director of Veterans | ||||||
9 | Veterans' Affairs. | ||||||
10 | (3) One veteran appointed by the commander or | ||||||
11 | president of each veterans service organization that is | ||||||
12 | chartered by the federal government and by the State of | ||||||
13 | Illinois and elects to appoint a member. | ||||||
14 | (4) One person appointed by the Adjutant General of | ||||||
15 | the Illinois National Guard. | ||||||
16 | (5) One person appointed by the Illinois Attorney | ||||||
17 | General. | ||||||
18 | (6) One person appointed by the Illinois Secretary of | ||||||
19 | State. | ||||||
20 | (7) One person appointed by the Director of the | ||||||
21 | Illinois Department of Employment Security. | ||||||
22 | (8) One person appointed by each military family | ||||||
23 | organization that is chartered by the federal government. | ||||||
24 | No member of the council shall be an employee or | ||||||
25 | representative of the Department of Veterans Veterans' | ||||||
26 | Affairs. |
| |||||||
| |||||||
1 | Members of the council shall serve without compensation or | ||||||
2 | reimbursement. | ||||||
3 | (b) At the initial meeting of the council, the members | ||||||
4 | shall elect from among themselves a chairman. The members | ||||||
5 | shall draw lots to determine the length of their terms so that | ||||||
6 | 9 members have terms that expire on July 1, 2005 and the | ||||||
7 | remaining members have terms that expire on July 1, 2006. | ||||||
8 | Thereafter, all members of the council shall be appointed for | ||||||
9 | terms of 2 years. | ||||||
10 | The appointing authority may at any time make an | ||||||
11 | appointment to fill a vacancy for the unexpired term of a | ||||||
12 | member. | ||||||
13 | (c) The council shall meet quarterly or at the call of the | ||||||
14 | chairman or at the call of the Director of Veterans Veterans' | ||||||
15 | Affairs or the Governor. The Department shall provide meeting | ||||||
16 | space and clerical and administrative support services for the | ||||||
17 | council. | ||||||
18 | (c-5) The council shall investigate the re-entry process | ||||||
19 | for service members who return to civilian life after being | ||||||
20 | engaged in an active theater. The investigation shall include | ||||||
21 | the effects of post-traumatic stress disorder, homelessness, | ||||||
22 | disabilities, and other issues the council finds relevant to | ||||||
23 | the re-entry process. By July 1, 2018 and by July 1 of each | ||||||
24 | year thereafter, the council shall present an annual report of | ||||||
25 | its findings to the Governor, the Attorney General, the | ||||||
26 | Director of Veterans Veterans' Affairs, the Lieutenant |
| |||||||
| |||||||
1 | Governor, and the Secretary of the United States Department of | ||||||
2 | Veterans Affairs. The council's investigation and annual | ||||||
3 | report responsibilities of this subsection shall be a | ||||||
4 | continuation of the investigation and annual report | ||||||
5 | responsibilities of the Illinois Discharged Servicemembers | ||||||
6 | Task Force created under Section 20 of this Act. | ||||||
7 | (d) The council has the power to do the following: | ||||||
8 | (1) Advise the Department of Veterans Veterans' | ||||||
9 | Affairs with respect to the fulfillment of its statutory | ||||||
10 | duties. | ||||||
11 | (2) Review and study the issues and concerns that are | ||||||
12 | most significant to Illinois veterans and advise the | ||||||
13 | Department on those issues and concerns. | ||||||
14 | (3) Receive a report from the Director of Veterans | ||||||
15 | Veterans' Affairs or the Director's designee at each | ||||||
16 | meeting with respect to the general activities of the | ||||||
17 | Department. | ||||||
18 | (4) Report to the Governor and the General Assembly | ||||||
19 | annually describing the issues addressed and the actions | ||||||
20 | taken by the council during the year as well as any | ||||||
21 | recommendations for future action. | ||||||
22 | (e) The council established under this Section replaces | ||||||
23 | any Illinois Veterans Advisory Council established under | ||||||
24 | Executive Order No. 3 (1982). | ||||||
25 | (Source: P.A. 100-10, eff. 6-30-17.)
|
| |||||||
| |||||||
1 | (20 ILCS 2805/37) | ||||||
2 | Sec. 37. Illinois Joining Forces Foundation. | ||||||
3 | (a) The General Assembly finds that navigating the "sea of | ||||||
4 | goodwill" for those who serve in uniform is one of the greatest | ||||||
5 | challenges that transitioning veterans face; as a result, they | ||||||
6 | risk being unable to access many of the federal, State, and | ||||||
7 | non-profit resources available to them. Recognizing this | ||||||
8 | problem, the Department of Veterans' Affairs (now the | ||||||
9 | Department of Veterans Affairs) and the Department of Military | ||||||
10 | Affairs acted to establish the Illinois Joining Forces | ||||||
11 | initiative, a public-private network of military and | ||||||
12 | veteran-serving organizations that are working together, in | ||||||
13 | person and online, to create a system of support for the | ||||||
14 | State's military and veteran communities. Illinois Joining | ||||||
15 | Forces is a nation-leading model, awarded by the U.S. | ||||||
16 | Department of Veterans Affairs and the National Association of | ||||||
17 | State Directors of Veterans Affairs for its groundbreaking | ||||||
18 | work in creating smarter, collaborative community support for | ||||||
19 | those in uniform, past and present. The foundation created by | ||||||
20 | this amendatory Act of the 98th General Assembly will serve to | ||||||
21 | ensure the long-term sustainability of Illinois Joining | ||||||
22 | Forces, which is critically important for the support of the | ||||||
23 | State's military and veteran communities. | ||||||
24 | (b) The Illinois Joining Forces Foundation shall benefit | ||||||
25 | service members, veterans, and their families by: | ||||||
26 | (1) convening military and veteran support |
| |||||||
| |||||||
1 | organizations to build cross-sector relationships and | ||||||
2 | mutual awareness; | ||||||
3 | (2) providing policy recommendations; | ||||||
4 | (3) educating community providers regarding military | ||||||
5 | and veteran culture and needs, thus improving the | ||||||
6 | collective capacity of the support system; and | ||||||
7 | (4) outreaching directly to service members, veterans, | ||||||
8 | and their families regarding the system of support that | ||||||
9 | Illinois Joining Forces provides to them. | ||||||
10 | (c) For the purpose of this Section, "veterans service | ||||||
11 | organization" means an organization that meets all of the | ||||||
12 | following criteria: | ||||||
13 | (1) The organization is formed by and for United | ||||||
14 | States military veterans. | ||||||
15 | (2) The organization is chartered by the United States | ||||||
16 | Congress and incorporated in the State of Illinois. | ||||||
17 | (3) The organization has maintained a State | ||||||
18 | headquarters office in Illinois for the 10-year period | ||||||
19 | immediately preceding the effective date of this | ||||||
20 | amendatory Act of the 98th General Assembly. | ||||||
21 | (4) The organization maintains at least one office in | ||||||
22 | this State, staffed by a veterans service officer. | ||||||
23 | (5) The organization is capable of preparing a power | ||||||
24 | of attorney for a veteran and processing claims for | ||||||
25 | veterans services. | ||||||
26 | (d) The General Assembly authorizes the Department of |
| |||||||
| |||||||
1 | Veterans' Affairs (now the Department of Veterans Affairs) , in | ||||||
2 | accordance with Section 10 of the State Agency Entity Creation | ||||||
3 | Act, to create the Illinois Joining Forces Foundation as a | ||||||
4 | not-for-profit foundation. The Department shall file articles | ||||||
5 | of incorporation as required under the General Not For Profit | ||||||
6 | Corporation Act of 1986 to create the Foundation. | ||||||
7 | The Foundation's Board of Directors shall be appointed as | ||||||
8 | follows: one member appointed by the Governor; one member | ||||||
9 | appointed by the President of the Senate; one member appointed | ||||||
10 | by the Minority Leader of the Senate; one member appointed by | ||||||
11 | the Speaker of the House of Representatives; and one member | ||||||
12 | appointed by the Minority Leader of the House of | ||||||
13 | Representatives. | ||||||
14 | The Foundation may also include up to 18 additional voting | ||||||
15 | members of the Board of Directors: up to 9 members to be | ||||||
16 | nominated and approved by the Board of Directors according to | ||||||
17 | the Foundation's bylaws, and up to 9 members to be appointed by | ||||||
18 | the Director of Veterans' Affairs (now the Director of | ||||||
19 | Veterans Affairs) or the Director of Military Affairs. The | ||||||
20 | Board shall have an equal number of board or department | ||||||
21 | appointed members. To ensure parity, no additional nominee may | ||||||
22 | be considered by the Board of Directors unless a like | ||||||
23 | appointment is made by the Department of Veterans' Affairs | ||||||
24 | (now the Department of Veterans Affairs) or the Department of | ||||||
25 | Military Affairs, and vice versa. | ||||||
26 | In addition to any veterans service organization |
| |||||||
| |||||||
1 | otherwise represented on the Board of Directors, a veterans | ||||||
2 | service organization may designate in writing an ex officio, | ||||||
3 | non-voting participant to the Board of Directors. Any veterans | ||||||
4 | service organization appointee under this provision does not | ||||||
5 | count towards a quorum. | ||||||
6 | The Director of Veterans' Affairs (now the Director of | ||||||
7 | Veterans Affairs) , or the Director's designee, and a designee | ||||||
8 | chosen by the Director of Military Affairs who is a senior | ||||||
9 | management official of the Department of Military Affairs with | ||||||
10 | the authority to make decisions on behalf of the agency shall | ||||||
11 | serve as members of the Foundation's Board of Directors. Board | ||||||
12 | of Director appointments shall be for 2-year terms. Vacancies | ||||||
13 | shall be filled by the official who made the statutory | ||||||
14 | appointment. No member of the Board of Directors may receive | ||||||
15 | compensation for his or her services to the Foundation. Upon | ||||||
16 | appointment, the Board of Directors, as members of a public | ||||||
17 | entity, shall be represented and indemnified pursuant to the | ||||||
18 | requirements of the State Employee Indemnification Act. | ||||||
19 | (e) The purposes of the Foundation are to: promote, | ||||||
20 | support, assist, and sustain Illinois Joining Forces | ||||||
21 | operations; solicit and accept grants and private donations | ||||||
22 | and disburse them for the stated intent of the Foundation or | ||||||
23 | the private donor; solicit and generate public and private | ||||||
24 | funding and donations that assist in enhancing the Illinois | ||||||
25 | Joining Forces mission, services, programs, and operations; | ||||||
26 | and engage generally in other lawful endeavors consistent with |
| |||||||
| |||||||
1 | the foregoing purposes. The foundation shall operate within | ||||||
2 | the provisions of the General Not For Profit Corporation Act | ||||||
3 | of 1986. | ||||||
4 | (f) The Board of Directors shall meet, organize, and | ||||||
5 | designate, by majority vote, a chairperson, a treasurer, a | ||||||
6 | secretary, and any additional officers that may be needed to | ||||||
7 | carry out the activities of the Foundation and shall adopt | ||||||
8 | bylaws of the Foundation. In consultation with the | ||||||
9 | Foundation's Board of Directors, the Department of Veterans' | ||||||
10 | Affairs (now the Department of Veterans Affairs) or the | ||||||
11 | Department of Military Affairs may provide assistance in | ||||||
12 | adopting other rules deemed necessary to govern Foundation | ||||||
13 | procedures. | ||||||
14 | (g) The Foundation may request and accept gifts, grants, | ||||||
15 | donations, or bequests from the federal government or its | ||||||
16 | agencies or officers or from any person, firm, or corporation, | ||||||
17 | and may expend receipts on activities that it considers | ||||||
18 | suitable to the performance of its duties under this Section | ||||||
19 | and consistent with any requirement of the grant, gift, | ||||||
20 | donation, or bequest. Funds collected by the Foundation shall | ||||||
21 | be considered private funds and shall be held in an | ||||||
22 | appropriate account outside of the State treasury. Private | ||||||
23 | funds collected by the Foundation are not subject to the | ||||||
24 | Public Funds Investment Act. The treasurer of the Foundation | ||||||
25 | shall be the custodian of all Foundation funds. The treasurer | ||||||
26 | shall be required to obtain a fidelity or surety bond on |
| |||||||
| |||||||
1 | satisfactory terms and in sufficient amounts to protect the | ||||||
2 | interests of the Foundation, the cost of which shall be | ||||||
3 | reimbursed by the Foundation. The Foundation and its officers | ||||||
4 | shall be responsible for the approval of the recording of | ||||||
5 | receipts, approval of payments, and the proper filing of | ||||||
6 | required reports. The Foundation may be assisted in carrying | ||||||
7 | out its functions by Department of Military Affairs and | ||||||
8 | Department of Veterans' Affairs (now the Department of | ||||||
9 | Veterans Affairs) personnel as determined by the respective | ||||||
10 | Directors. The Department of Military Affairs and the | ||||||
11 | Department of Veterans' Affairs (now the Department of | ||||||
12 | Veterans Affairs) may provide reasonable assistance to the | ||||||
13 | Foundation to achieve the purposes of the Foundation as | ||||||
14 | determined by the respective Directors. The Foundation shall | ||||||
15 | cooperate fully with the boards, commissions, agencies, | ||||||
16 | departments, and institutions of the State. The funds held and | ||||||
17 | made available by the Illinois Joining Forces Foundation shall | ||||||
18 | be subject to financial and compliance audits in accordance | ||||||
19 | with the Illinois State Auditing Act. The Foundation shall not | ||||||
20 | have any power of eminent domain. The Foundation shall not | ||||||
21 | construct or make any permanent improvements to any real | ||||||
22 | property. | ||||||
23 | (h) The Foundation must provide a written notice to any | ||||||
24 | entity providing a gift, grant, donation, or bequest to the | ||||||
25 | Foundation that the Foundation is not subject to the | ||||||
26 | provisions of the Public Funds Investment Act, which Act |
| |||||||
| |||||||
1 | places limitations on the types of securities in which a | ||||||
2 | public agency may invest public funds. | ||||||
3 | (i) Notwithstanding any law to the contrary, the | ||||||
4 | Foundation is not eligible for any grant administered by the | ||||||
5 | Department of Veterans' Affairs (now the Department of | ||||||
6 | Veterans Affairs) or the Department of Military Affairs, but | ||||||
7 | may receive services, including, but not limited to, | ||||||
8 | contractual services, provided by either Department. | ||||||
9 | (Source: P.A. 102-1140, eff. 1-1-24 .)
| ||||||
10 | (20 ILCS 2805/39) | ||||||
11 | Sec. 39. Veterans' Accountability Unit. | ||||||
12 | (a) The Department shall create a Veterans' Accountability | ||||||
13 | Unit which shall receive complaints and recommendations from: | ||||||
14 | (i) veterans and other Illinois residents who seek services | ||||||
15 | from the Department; (ii) residents of Veterans' Homes, their | ||||||
16 | families, and visitors; (iii) vendors and contractors of the | ||||||
17 | Department; and (iv) staff of the Department. | ||||||
18 | (b) The Governor shall appoint, and the Senate shall | ||||||
19 | confirm, the Director of the Veterans' Accountability Unit. | ||||||
20 | The Director shall be appointed for a term of 4 years. | ||||||
21 | (c) The Director of the Veterans' Accountability Unit | ||||||
22 | shall ensure that the Unit maintains regular office hours and | ||||||
23 | establishes both a toll-free helpline and a dedicated | ||||||
24 | electronic mail address for the purpose of accepting | ||||||
25 | complaints, information, and recommendations. The Director |
| |||||||
| |||||||
1 | shall provide a reasonable means for receiving complaints | ||||||
2 | outside of office hours. | ||||||
3 | (d) The Veterans' Accountability Unit shall function | ||||||
4 | independently of the Department. The salary and benefits of | ||||||
5 | the Director of the Veterans' Accountability Unit and any | ||||||
6 | other staff of the Unit, as deemed necessary by the Director, | ||||||
7 | along with all other expenses of the Unit shall be paid from | ||||||
8 | appropriations to the Department. | ||||||
9 | (e) The Director and staff of the Veterans' Accountability | ||||||
10 | Unit shall have the authority to access the offices or | ||||||
11 | facilities of the Department and the Veterans' Homes and shall | ||||||
12 | have access to all information, documents, and personnel of | ||||||
13 | the Department as needed to perform the duties of the | ||||||
14 | Veterans' Accountability Unit. It is the duty of every | ||||||
15 | employee of the Department to cooperate with the Veterans' | ||||||
16 | Accountability Unit. The Department shall provide the staff of | ||||||
17 | the Veterans' Accountability Unit with physical space in each | ||||||
18 | Department office and in each Veterans' Home to conduct | ||||||
19 | confidential business as needed to perform the work of the | ||||||
20 | Veterans' Accountability Unit. | ||||||
21 | (f) The Veterans' Accountability Unit shall ensure all | ||||||
22 | complaints, allegations, or incidents of possible misconduct, | ||||||
23 | misfeasance, malfeasance, or violations of rules, procedures, | ||||||
24 | or laws by any employee, service provider, or contractor of | ||||||
25 | the Department are reported to the Office of Executive | ||||||
26 | Inspector General for the Agencies of the Illinois Governor. |
| |||||||
| |||||||
1 | (g) The Office of Executive Inspector General for the | ||||||
2 | Agencies of the Illinois Governor shall assess the complaints, | ||||||
3 | allegations, and incidents and shall determine whether to (i) | ||||||
4 | investigate, (ii) refer to the appropriate agency, (iii) refer | ||||||
5 | to any appropriate law enforcement agency, (iv) request a | ||||||
6 | response from the Department to the complaint, allegations, or | ||||||
7 | incident, or (v) refer to the Veterans' Accountability Unit to | ||||||
8 | conduct further inquiry or review if necessary. | ||||||
9 | (h) The Director of the Veterans' Accountability Unit may | ||||||
10 | recommend changes to the Director of Veterans Veterans' | ||||||
11 | Affairs concerning Department policies or practices based upon | ||||||
12 | information learned or observations made by the Veterans' | ||||||
13 | Accountability Unit staff during the course of its duties. The | ||||||
14 | Director of the Veterans' Accountability Unit shall meet | ||||||
15 | regularly with the Office of Executive Inspector General for | ||||||
16 | the Agencies of the Illinois Governor to report this | ||||||
17 | information to allow the Office to determine whether further | ||||||
18 | investigation is necessary. | ||||||
19 | (i) The Veterans' Accountability Unit shall create an | ||||||
20 | annual report that includes a summary of the complaints | ||||||
21 | received and actions taken in response. This report shall not | ||||||
22 | include any referrals to the Office of Executive Inspector | ||||||
23 | General for the Agencies of the Illinois Governor that result | ||||||
24 | in an investigation. The summaries shall not contain any | ||||||
25 | confidential or identifying information concerning the | ||||||
26 | subjects or complainants of the reports and investigations. |
| |||||||
| |||||||
1 | (j) Nothing in this Section shall limit investigations by | ||||||
2 | the Department of Veterans Veterans' Affairs that may | ||||||
3 | otherwise be required by law or that may be necessary in that | ||||||
4 | Department's capacity as the central administrative authority | ||||||
5 | on matters concerning services to veterans, their survivors, | ||||||
6 | and dependents. | ||||||
7 | (Source: P.A. 102-695, eff. 6-1-22 .)
| ||||||
8 | Section 90. The Illinois Health Facilities Planning Act is | ||||||
9 | amended by changing Section 3.6 as follows:
| ||||||
10 | (20 ILCS 3960/3.6) | ||||||
11 | (Section scheduled to be repealed on June 25, 2026) | ||||||
12 | Sec. 3.6. Facilities maintained or operated by a State | ||||||
13 | agency. | ||||||
14 | (a) For the purposes of this Section, "Department" means | ||||||
15 | the Department of Veterans Veterans' Affairs. | ||||||
16 | (b) Except for the requirements set forth in subsection | ||||||
17 | (c), any construction, modification, establishment, or change | ||||||
18 | in categories of service of a health care facility funded | ||||||
19 | through an appropriation from the General Assembly and | ||||||
20 | maintained or operated by the Department is not subject to | ||||||
21 | requirements of this Act. The Department is subject to this | ||||||
22 | Act when the Department discontinues a health care facility or | ||||||
23 | category of service. | ||||||
24 | (c) The Department must notify the Board in writing of any |
| |||||||
| |||||||
1 | appropriation by the General Assembly for the construction, | ||||||
2 | modification, establishment or change in categories of | ||||||
3 | service, excluding discontinuation of a health care facility | ||||||
4 | or categories of service, maintained or operated by the | ||||||
5 | Department of Veterans Veterans' Affairs. The Department of | ||||||
6 | Veterans Veterans' Affairs must include with the written | ||||||
7 | notification the following information: (i) the estimated | ||||||
8 | service capacity of the health care facility; (ii) the | ||||||
9 | location of the project or the intended location if not | ||||||
10 | identified by law; and (iii) the date the health care facility | ||||||
11 | is estimated to be opened. The Department must also notify the | ||||||
12 | Board in writing when the facility has been licensed by the | ||||||
13 | Department of Public Health or any other licensing body. The | ||||||
14 | Department shall submit to the Board, on behalf of the health | ||||||
15 | care facility, any annual facility questionnaires as defined | ||||||
16 | in Section 13 of this Act or any requests for information by | ||||||
17 | the Board. | ||||||
18 | (d) This Section is repealed 5 years after the effective | ||||||
19 | date of this amendatory Act of the 102nd General Assembly. | ||||||
20 | (Source: P.A. 102-35, eff. 6-25-21.)
| ||||||
21 | Section 95. The Illinois Workforce Innovation Board Act is | ||||||
22 | amended by changing Section 4.5 as follows:
| ||||||
23 | (20 ILCS 3975/4.5) | ||||||
24 | Sec. 4.5. Duties. |
| |||||||
| |||||||
1 | (a) The Board must perform all the functions of a state | ||||||
2 | workforce innovation board under the federal Workforce | ||||||
3 | Innovation and Opportunity Act, any amendments to that Act, | ||||||
4 | and any other applicable federal statutes. The Board must also | ||||||
5 | perform all other functions that are not inconsistent with the | ||||||
6 | federal Workforce Innovation and Opportunity Act or this Act | ||||||
7 | and that are assumed by the Board under its bylaws or assigned | ||||||
8 | to it by the Governor. | ||||||
9 | (b) The Board must cooperate with the General Assembly and | ||||||
10 | make recommendations to the Governor and the General Assembly | ||||||
11 | concerning legislation necessary to improve upon statewide and | ||||||
12 | local workforce development systems in order to increase | ||||||
13 | occupational skill attainment, employment, retention, or | ||||||
14 | earnings of participants and thereby improve the quality of | ||||||
15 | the workforce, reduce welfare dependency, and enhance the | ||||||
16 | productivity and competitiveness of the State. The Board must | ||||||
17 | annually submit a report to the General Assembly on the | ||||||
18 | progress of the State in achieving state performance measures | ||||||
19 | under the federal Workforce Innovation and Opportunity Act, | ||||||
20 | including information on the levels of performance achieved by | ||||||
21 | the State with respect to the core indicators of performance | ||||||
22 | and the customer satisfaction indicator under that Act. The | ||||||
23 | report must include any other items that the Governor may be | ||||||
24 | required to report to the Secretary of the United States | ||||||
25 | Department of Labor. | ||||||
26 | (b-5) The Board shall implement a method for measuring the |
| |||||||
| |||||||
1 | progress of the State's workforce development system by using | ||||||
2 | benchmarks specified in the federal Workforce Innovation and | ||||||
3 | Opportunity Act. | ||||||
4 | The Board shall identify the most significant early | ||||||
5 | indicators for each benchmark, establish a mechanism to | ||||||
6 | collect data and track the benchmarks on an annual basis, and | ||||||
7 | then use the results to set goals for each benchmark, to inform | ||||||
8 | planning, and to ensure the effective use of State resources. | ||||||
9 | (c) Nothing in this Act shall be construed to require or | ||||||
10 | allow the Board to assume or supersede the statutory authority | ||||||
11 | granted to, or impose any duties or requirements on, the State | ||||||
12 | Board of Education, the Board of Higher Education, the | ||||||
13 | Illinois Community College Board, any State agencies created | ||||||
14 | under the Civil Administrative Code of Illinois, or any local | ||||||
15 | education agencies. | ||||||
16 | (d) No actions taken by the Illinois Human Resource | ||||||
17 | Investment Council before the effective date of this | ||||||
18 | amendatory Act of the 92nd General Assembly and no rights, | ||||||
19 | powers, duties, or obligations from those actions are impaired | ||||||
20 | solely by this amendatory Act of the 92nd General Assembly. | ||||||
21 | All actions taken by the Illinois Human Resource Investment | ||||||
22 | Council before the effective date of this amendatory Act of | ||||||
23 | the 92nd General Assembly are ratified and validated. | ||||||
24 | (e) Upon the effective date of this amendatory Act of the | ||||||
25 | 101st General Assembly, the Board shall conduct a feasibility | ||||||
26 | study regarding the consolidation of all workforce development |
| |||||||
| |||||||
1 | programs funded by the federal Workforce Innovation and | ||||||
2 | Opportunity Act and conducted by the State of Illinois into | ||||||
3 | one solitary agency to create greater access to job training | ||||||
4 | for underserved populations. The Board shall utilize resources | ||||||
5 | currently made available to them, including, but not limited | ||||||
6 | to, partnering with institutions of higher education and those | ||||||
7 | agencies currently charged with overseeing or administering | ||||||
8 | workforce programs. The feasibility study shall: | ||||||
9 | (1) assess the impact of consolidation on access for | ||||||
10 | participants, including minority persons as defined in | ||||||
11 | Section 2 of the Business Enterprise for Minorities, | ||||||
12 | Women, and Persons with Disabilities Act, persons with | ||||||
13 | limited English proficiency, persons with disabilities, | ||||||
14 | and youth, and how consolidation would increase equitable | ||||||
15 | access to workforce resources; | ||||||
16 | (2) assess the cost of consolidation and estimate any | ||||||
17 | long-term savings anticipated from the action; | ||||||
18 | (3) assess the impact of consolidation on agencies in | ||||||
19 | which the programs currently reside, including, but not | ||||||
20 | limited to, the Department of Commerce and Economic | ||||||
21 | Opportunity, the Department of Employment Security, the | ||||||
22 | Department of Human Services, the Community College Board, | ||||||
23 | the Board of Higher Education, the Department of | ||||||
24 | Corrections, the Department on Aging, the Department of | ||||||
25 | Veterans Veterans' Affairs, and the Department of Children | ||||||
26 | and Family Services; |
| |||||||
| |||||||
1 | (4) assess the impact of consolidation on State | ||||||
2 | government employees and union contracts; | ||||||
3 | (5) consider if the consolidation will provide avenues | ||||||
4 | to maximize federal funding; | ||||||
5 | (6) provide recommendations for the future structure | ||||||
6 | of workforce development programs, including a proposed | ||||||
7 | timeline for implementation; | ||||||
8 | (7) provide direction for implementation by July 1, | ||||||
9 | 2022 with regard to recommendations that do not require | ||||||
10 | legislative change; | ||||||
11 | (8) if legislative change is necessary, include | ||||||
12 | legislative language for consideration by the 102nd | ||||||
13 | General Assembly. | ||||||
14 | The Board shall submit its recommendations the Governor | ||||||
15 | and the General Assembly by May 1, 2021. | ||||||
16 | (Source: P.A. 100-477, eff. 9-8-17; 101-654, eff. 3-8-21.)
| ||||||
17 | Section 100. The State Finance Act is amended by changing | ||||||
18 | Section 25 as follows:
| ||||||
19 | (30 ILCS 105/25) (from Ch. 127, par. 161) | ||||||
20 | Sec. 25. Fiscal year limitations. | ||||||
21 | (a) All appropriations shall be available for expenditure | ||||||
22 | for the fiscal year or for a lesser period if the Act making | ||||||
23 | that appropriation so specifies. A deficiency or emergency | ||||||
24 | appropriation shall be available for expenditure only through |
| |||||||
| |||||||
1 | June 30 of the year when the Act making that appropriation is | ||||||
2 | enacted unless that Act otherwise provides. | ||||||
3 | (b) Outstanding liabilities as of June 30, payable from | ||||||
4 | appropriations which have otherwise expired, may be paid out | ||||||
5 | of the expiring appropriations during the 2-month period | ||||||
6 | ending at the close of business on August 31. Any service | ||||||
7 | involving professional or artistic skills or any personal | ||||||
8 | services by an employee whose compensation is subject to | ||||||
9 | income tax withholding must be performed as of June 30 of the | ||||||
10 | fiscal year in order to be considered an "outstanding | ||||||
11 | liability as of June 30" that is thereby eligible for payment | ||||||
12 | out of the expiring appropriation. | ||||||
13 | (b-1) However, payment of tuition reimbursement claims | ||||||
14 | under Section 14-7.03 or 18-3 of the School Code may be made by | ||||||
15 | the State Board of Education from its appropriations for those | ||||||
16 | respective purposes for any fiscal year, even though the | ||||||
17 | claims reimbursed by the payment may be claims attributable to | ||||||
18 | a prior fiscal year, and payments may be made at the direction | ||||||
19 | of the State Superintendent of Education from the fund from | ||||||
20 | which the appropriation is made without regard to any fiscal | ||||||
21 | year limitations, except as required by subsection (j) of this | ||||||
22 | Section. Beginning on June 30, 2021, payment of tuition | ||||||
23 | reimbursement claims under Section 14-7.03 or 18-3 of the | ||||||
24 | School Code as of June 30, payable from appropriations that | ||||||
25 | have otherwise expired, may be paid out of the expiring | ||||||
26 | appropriation during the 4-month period ending at the close of |
| |||||||
| |||||||
1 | business on October 31. | ||||||
2 | (b-2) (Blank). | ||||||
3 | (b-2.5) (Blank). | ||||||
4 | (b-2.6) (Blank). | ||||||
5 | (b-2.6a) (Blank). | ||||||
6 | (b-2.6b) (Blank). | ||||||
7 | (b-2.6c) (Blank). | ||||||
8 | (b-2.6d) All outstanding liabilities as of June 30, 2020, | ||||||
9 | payable from appropriations that would otherwise expire at the | ||||||
10 | conclusion of the lapse period for fiscal year 2020, and | ||||||
11 | interest penalties payable on those liabilities under the | ||||||
12 | State Prompt Payment Act, may be paid out of the expiring | ||||||
13 | appropriations until December 31, 2020, without regard to the | ||||||
14 | fiscal year in which the payment is made, as long as vouchers | ||||||
15 | for the liabilities are received by the Comptroller no later | ||||||
16 | than September 30, 2020. | ||||||
17 | (b-2.6e) All outstanding liabilities as of June 30, 2021, | ||||||
18 | payable from appropriations that would otherwise expire at the | ||||||
19 | conclusion of the lapse period for fiscal year 2021, and | ||||||
20 | interest penalties payable on those liabilities under the | ||||||
21 | State Prompt Payment Act, may be paid out of the expiring | ||||||
22 | appropriations until September 30, 2021, without regard to the | ||||||
23 | fiscal year in which the payment is made. | ||||||
24 | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each | ||||||
25 | fiscal year thereafter, interest penalties payable under the | ||||||
26 | State Prompt Payment Act associated with a voucher for which |
| |||||||
| |||||||
1 | payment is issued after June 30 may be paid out of the next | ||||||
2 | fiscal year's appropriation. The future year appropriation | ||||||
3 | must be for the same purpose and from the same fund as the | ||||||
4 | original payment. An interest penalty voucher submitted | ||||||
5 | against a future year appropriation must be submitted within | ||||||
6 | 60 days after the issuance of the associated voucher, except | ||||||
7 | that, for fiscal year 2018 only, an interest penalty voucher | ||||||
8 | submitted against a future year appropriation must be | ||||||
9 | submitted within 60 days of June 5, 2019 (the effective date of | ||||||
10 | Public Act 101-10). The Comptroller must issue the interest | ||||||
11 | payment within 60 days after acceptance of the interest | ||||||
12 | voucher. | ||||||
13 | (b-3) Medical payments may be made by the Department of | ||||||
14 | Veterans Veterans' Affairs from its appropriations for those | ||||||
15 | purposes for any fiscal year, without regard to the fact that | ||||||
16 | the medical services being compensated for by such payment may | ||||||
17 | have been rendered in a prior fiscal year, except as required | ||||||
18 | by subsection (j) of this Section. Beginning on June 30, 2021, | ||||||
19 | medical payments payable from appropriations that have | ||||||
20 | otherwise expired may be paid out of the expiring | ||||||
21 | appropriation during the 4-month period ending at the close of | ||||||
22 | business on October 31. | ||||||
23 | (b-4) Medical payments and child care payments may be made | ||||||
24 | by the Department of Human Services (as successor to the | ||||||
25 | Department of Public Aid) from appropriations for those | ||||||
26 | purposes for any fiscal year, without regard to the fact that |
| |||||||
| |||||||
1 | the medical or child care services being compensated for by | ||||||
2 | such payment may have been rendered in a prior fiscal year; and | ||||||
3 | payments may be made at the direction of the Department of | ||||||
4 | Healthcare and Family Services (or successor agency) from the | ||||||
5 | Health Insurance Reserve Fund without regard to any fiscal | ||||||
6 | year limitations, except as required by subsection (j) of this | ||||||
7 | Section. Beginning on June 30, 2021, medical and child care | ||||||
8 | payments made by the Department of Human Services and payments | ||||||
9 | made at the discretion of the Department of Healthcare and | ||||||
10 | Family Services (or successor agency) from the Health | ||||||
11 | Insurance Reserve Fund and payable from appropriations that | ||||||
12 | have otherwise expired may be paid out of the expiring | ||||||
13 | appropriation during the 4-month period ending at the close of | ||||||
14 | business on October 31. | ||||||
15 | (b-5) Medical payments may be made by the Department of | ||||||
16 | Human Services from its appropriations relating to substance | ||||||
17 | abuse treatment services for any fiscal year, without regard | ||||||
18 | to the fact that the medical services being compensated for by | ||||||
19 | such payment may have been rendered in a prior fiscal year, | ||||||
20 | provided the payments are made on a fee-for-service basis | ||||||
21 | consistent with requirements established for Medicaid | ||||||
22 | reimbursement by the Department of Healthcare and Family | ||||||
23 | Services, except as required by subsection (j) of this | ||||||
24 | Section. Beginning on June 30, 2021, medical payments made by | ||||||
25 | the Department of Human Services relating to substance abuse | ||||||
26 | treatment services payable from appropriations that have |
| |||||||
| |||||||
1 | otherwise expired may be paid out of the expiring | ||||||
2 | appropriation during the 4-month period ending at the close of | ||||||
3 | business on October 31. | ||||||
4 | (b-6) (Blank). | ||||||
5 | (b-7) Payments may be made in accordance with a plan | ||||||
6 | authorized by paragraph (11) or (12) of Section 405-105 of the | ||||||
7 | Department of Central Management Services Law from | ||||||
8 | appropriations for those payments without regard to fiscal | ||||||
9 | year limitations. | ||||||
10 | (b-8) Reimbursements to eligible airport sponsors for the | ||||||
11 | construction or upgrading of Automated Weather Observation | ||||||
12 | Systems may be made by the Department of Transportation from | ||||||
13 | appropriations for those purposes for any fiscal year, without | ||||||
14 | regard to the fact that the qualification or obligation may | ||||||
15 | have occurred in a prior fiscal year, provided that at the time | ||||||
16 | the expenditure was made the project had been approved by the | ||||||
17 | Department of Transportation prior to June 1, 2012 and, as a | ||||||
18 | result of recent changes in federal funding formulas, can no | ||||||
19 | longer receive federal reimbursement. | ||||||
20 | (b-9) (Blank). | ||||||
21 | (c) Further, payments may be made by the Department of | ||||||
22 | Public Health and the Department of Human Services (acting as | ||||||
23 | successor to the Department of Public Health under the | ||||||
24 | Department of Human Services Act) from their respective | ||||||
25 | appropriations for grants for medical care to or on behalf of | ||||||
26 | premature and high-mortality risk infants and their mothers |
| |||||||
| |||||||
1 | and for grants for supplemental food supplies provided under | ||||||
2 | the United States Department of Agriculture Women, Infants and | ||||||
3 | Children Nutrition Program, for any fiscal year without regard | ||||||
4 | to the fact that the services being compensated for by such | ||||||
5 | payment may have been rendered in a prior fiscal year, except | ||||||
6 | as required by subsection (j) of this Section. Beginning on | ||||||
7 | June 30, 2021, payments made by the Department of Public | ||||||
8 | Health and the Department of Human Services from their | ||||||
9 | respective appropriations for grants for medical care to or on | ||||||
10 | behalf of premature and high-mortality risk infants and their | ||||||
11 | mothers and for grants for supplemental food supplies provided | ||||||
12 | under the United States Department of Agriculture Women, | ||||||
13 | Infants and Children Nutrition Program payable from | ||||||
14 | appropriations that have otherwise expired may be paid out of | ||||||
15 | the expiring appropriations during the 4-month period ending | ||||||
16 | at the close of business on October 31. | ||||||
17 | (d) The Department of Public Health and the Department of | ||||||
18 | Human Services (acting as successor to the Department of | ||||||
19 | Public Health under the Department of Human Services Act) | ||||||
20 | shall each annually submit to the State Comptroller, Senate | ||||||
21 | President, Senate Minority Leader, Speaker of the House, House | ||||||
22 | Minority Leader, and the respective Chairmen and Minority | ||||||
23 | Spokesmen of the Appropriations Committees of the Senate and | ||||||
24 | the House, on or before December 31, a report of fiscal year | ||||||
25 | funds used to pay for services provided in any prior fiscal | ||||||
26 | year. This report shall document by program or service |
| |||||||
| |||||||
1 | category those expenditures from the most recently completed | ||||||
2 | fiscal year used to pay for services provided in prior fiscal | ||||||
3 | years. | ||||||
4 | (e) The Department of Healthcare and Family Services, the | ||||||
5 | Department of Human Services (acting as successor to the | ||||||
6 | Department of Public Aid), and the Department of Human | ||||||
7 | Services making fee-for-service payments relating to substance | ||||||
8 | abuse treatment services provided during a previous fiscal | ||||||
9 | year shall each annually submit to the State Comptroller, | ||||||
10 | Senate President, Senate Minority Leader, Speaker of the | ||||||
11 | House, House Minority Leader, the respective Chairmen and | ||||||
12 | Minority Spokesmen of the Appropriations Committees of the | ||||||
13 | Senate and the House, on or before November 30, a report that | ||||||
14 | shall document by program or service category those | ||||||
15 | expenditures from the most recently completed fiscal year used | ||||||
16 | to pay for (i) services provided in prior fiscal years and (ii) | ||||||
17 | services for which claims were received in prior fiscal years. | ||||||
18 | (f) The Department of Human Services (as successor to the | ||||||
19 | Department of Public Aid) shall annually submit to the State | ||||||
20 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
21 | of the House, House Minority Leader, and the respective | ||||||
22 | Chairmen and Minority Spokesmen of the Appropriations | ||||||
23 | Committees of the Senate and the House, on or before December | ||||||
24 | 31, a report of fiscal year funds used to pay for services | ||||||
25 | (other than medical care) provided in any prior fiscal year. | ||||||
26 | This report shall document by program or service category |
| |||||||
| |||||||
1 | those expenditures from the most recently completed fiscal | ||||||
2 | year used to pay for services provided in prior fiscal years. | ||||||
3 | (g) In addition, each annual report required to be | ||||||
4 | submitted by the Department of Healthcare and Family Services | ||||||
5 | under subsection (e) shall include the following information | ||||||
6 | with respect to the State's Medicaid program: | ||||||
7 | (1) Explanations of the exact causes of the variance | ||||||
8 | between the previous year's estimated and actual | ||||||
9 | liabilities. | ||||||
10 | (2) Factors affecting the Department of Healthcare and | ||||||
11 | Family Services' liabilities, including, but not limited | ||||||
12 | to, numbers of aid recipients, levels of medical service | ||||||
13 | utilization by aid recipients, and inflation in the cost | ||||||
14 | of medical services. | ||||||
15 | (3) The results of the Department's efforts to combat | ||||||
16 | fraud and abuse. | ||||||
17 | (h) As provided in Section 4 of the General Assembly | ||||||
18 | Compensation Act, any utility bill for service provided to a | ||||||
19 | General Assembly member's district office for a period | ||||||
20 | including portions of 2 consecutive fiscal years may be paid | ||||||
21 | from funds appropriated for such expenditure in either fiscal | ||||||
22 | year. | ||||||
23 | (i) An agency which administers a fund classified by the | ||||||
24 | Comptroller as an internal service fund may issue rules for: | ||||||
25 | (1) billing user agencies in advance for payments or | ||||||
26 | authorized inter-fund transfers based on estimated charges |
| |||||||
| |||||||
1 | for goods or services; | ||||||
2 | (2) issuing credits, refunding through inter-fund | ||||||
3 | transfers, or reducing future inter-fund transfers during | ||||||
4 | the subsequent fiscal year for all user agency payments or | ||||||
5 | authorized inter-fund transfers received during the prior | ||||||
6 | fiscal year which were in excess of the final amounts owed | ||||||
7 | by the user agency for that period; and | ||||||
8 | (3) issuing catch-up billings to user agencies during | ||||||
9 | the subsequent fiscal year for amounts remaining due when | ||||||
10 | payments or authorized inter-fund transfers received from | ||||||
11 | the user agency during the prior fiscal year were less | ||||||
12 | than the total amount owed for that period. | ||||||
13 | User agencies are authorized to reimburse internal service | ||||||
14 | funds for catch-up billings by vouchers drawn against their | ||||||
15 | respective appropriations for the fiscal year in which the | ||||||
16 | catch-up billing was issued or by increasing an authorized | ||||||
17 | inter-fund transfer during the current fiscal year. For the | ||||||
18 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
19 | without the use of the voucher-warrant process, as authorized | ||||||
20 | by Section 9.01 of the State Comptroller Act. | ||||||
21 | (i-1) Beginning on July 1, 2021, all outstanding | ||||||
22 | liabilities, not payable during the 4-month lapse period as | ||||||
23 | described in subsections (b-1), (b-3), (b-4), (b-5), and (c) | ||||||
24 | of this Section, that are made from appropriations for that | ||||||
25 | purpose for any fiscal year, without regard to the fact that | ||||||
26 | the services being compensated for by those payments may have |
| |||||||
| |||||||
1 | been rendered in a prior fiscal year, are limited to only those | ||||||
2 | claims that have been incurred but for which a proper bill or | ||||||
3 | invoice as defined by the State Prompt Payment Act has not been | ||||||
4 | received by September 30th following the end of the fiscal | ||||||
5 | year in which the service was rendered. | ||||||
6 | (j) Notwithstanding any other provision of this Act, the | ||||||
7 | aggregate amount of payments to be made without regard for | ||||||
8 | fiscal year limitations as contained in subsections (b-1), | ||||||
9 | (b-3), (b-4), (b-5), and (c) of this Section, and determined | ||||||
10 | by using Generally Accepted Accounting Principles, shall not | ||||||
11 | exceed the following amounts: | ||||||
12 | (1) $6,000,000,000 for outstanding liabilities related | ||||||
13 | to fiscal year 2012; | ||||||
14 | (2) $5,300,000,000 for outstanding liabilities related | ||||||
15 | to fiscal year 2013; | ||||||
16 | (3) $4,600,000,000 for outstanding liabilities related | ||||||
17 | to fiscal year 2014; | ||||||
18 | (4) $4,000,000,000 for outstanding liabilities related | ||||||
19 | to fiscal year 2015; | ||||||
20 | (5) $3,300,000,000 for outstanding liabilities related | ||||||
21 | to fiscal year 2016; | ||||||
22 | (6) $2,600,000,000 for outstanding liabilities related | ||||||
23 | to fiscal year 2017; | ||||||
24 | (7) $2,000,000,000 for outstanding liabilities related | ||||||
25 | to fiscal year 2018; | ||||||
26 | (8) $1,300,000,000 for outstanding liabilities related |
| |||||||
| |||||||
1 | to fiscal year 2019; | ||||||
2 | (9) $600,000,000 for outstanding liabilities related | ||||||
3 | to fiscal year 2020; and | ||||||
4 | (10) $0 for outstanding liabilities related to fiscal | ||||||
5 | year 2021 and fiscal years thereafter. | ||||||
6 | (k) Department of Healthcare and Family Services Medical | ||||||
7 | Assistance Payments. | ||||||
8 | (1) Definition of Medical Assistance. | ||||||
9 | For purposes of this subsection, the term "Medical | ||||||
10 | Assistance" shall include, but not necessarily be | ||||||
11 | limited to, medical programs and services authorized | ||||||
12 | under Titles XIX and XXI of the Social Security Act, | ||||||
13 | the Illinois Public Aid Code, the Children's Health | ||||||
14 | Insurance Program Act, the Covering ALL KIDS Health | ||||||
15 | Insurance Act, the Long Term Acute Care Hospital | ||||||
16 | Quality Improvement Transfer Program Act, and medical | ||||||
17 | care to or on behalf of persons suffering from chronic | ||||||
18 | renal disease, persons suffering from hemophilia, and | ||||||
19 | victims of sexual assault. | ||||||
20 | (2) Limitations on Medical Assistance payments that | ||||||
21 | may be paid from future fiscal year appropriations. | ||||||
22 | (A) The maximum amounts of annual unpaid Medical | ||||||
23 | Assistance bills received and recorded by the | ||||||
24 | Department of Healthcare and Family Services on or | ||||||
25 | before June 30th of a particular fiscal year | ||||||
26 | attributable in aggregate to the General Revenue Fund, |
| |||||||
| |||||||
1 | Healthcare Provider Relief Fund, Tobacco Settlement | ||||||
2 | Recovery Fund, Long-Term Care Provider Fund, and the | ||||||
3 | Drug Rebate Fund that may be paid in total by the | ||||||
4 | Department from future fiscal year Medical Assistance | ||||||
5 | appropriations to those funds are: $700,000,000 for | ||||||
6 | fiscal year 2013 and $100,000,000 for fiscal year 2014 | ||||||
7 | and each fiscal year thereafter. | ||||||
8 | (B) Bills for Medical Assistance services rendered | ||||||
9 | in a particular fiscal year, but received and recorded | ||||||
10 | by the Department of Healthcare and Family Services | ||||||
11 | after June 30th of that fiscal year, may be paid from | ||||||
12 | either appropriations for that fiscal year or future | ||||||
13 | fiscal year appropriations for Medical Assistance. | ||||||
14 | Such payments shall not be subject to the requirements | ||||||
15 | of subparagraph (A). | ||||||
16 | (C) Medical Assistance bills received by the | ||||||
17 | Department of Healthcare and Family Services in a | ||||||
18 | particular fiscal year, but subject to payment amount | ||||||
19 | adjustments in a future fiscal year may be paid from a | ||||||
20 | future fiscal year's appropriation for Medical | ||||||
21 | Assistance. Such payments shall not be subject to the | ||||||
22 | requirements of subparagraph (A). | ||||||
23 | (D) Medical Assistance payments made by the | ||||||
24 | Department of Healthcare and Family Services from | ||||||
25 | funds other than those specifically referenced in | ||||||
26 | subparagraph (A) may be made from appropriations for |
| |||||||
| |||||||
1 | those purposes for any fiscal year without regard to | ||||||
2 | the fact that the Medical Assistance services being | ||||||
3 | compensated for by such payment may have been rendered | ||||||
4 | in a prior fiscal year. Such payments shall not be | ||||||
5 | subject to the requirements of subparagraph (A). | ||||||
6 | (3) Extended lapse period for Department of Healthcare | ||||||
7 | and Family Services Medical Assistance payments. | ||||||
8 | Notwithstanding any other State law to the contrary, | ||||||
9 | outstanding Department of Healthcare and Family Services | ||||||
10 | Medical Assistance liabilities, as of June 30th, payable | ||||||
11 | from appropriations which have otherwise expired, may be | ||||||
12 | paid out of the expiring appropriations during the 4-month | ||||||
13 | period ending at the close of business on October 31st. | ||||||
14 | (l) The changes to this Section made by Public Act 97-691 | ||||||
15 | shall be effective for payment of Medical Assistance bills | ||||||
16 | incurred in fiscal year 2013 and future fiscal years. The | ||||||
17 | changes to this Section made by Public Act 97-691 shall not be | ||||||
18 | applied to Medical Assistance bills incurred in fiscal year | ||||||
19 | 2012 or prior fiscal years. | ||||||
20 | (m) The Comptroller must issue payments against | ||||||
21 | outstanding liabilities that were received prior to the lapse | ||||||
22 | period deadlines set forth in this Section as soon thereafter | ||||||
23 | as practical, but no payment may be issued after the 4 months | ||||||
24 | following the lapse period deadline without the signed | ||||||
25 | authorization of the Comptroller and the Governor. | ||||||
26 | (Source: P.A. 102-16, eff. 6-17-21; 102-291, eff. 8-6-21; |
| |||||||
| |||||||
1 | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. | ||||||
2 | 6-7-23.)
| ||||||
3 | Section 105. The Illinois Procurement Code is amended by | ||||||
4 | changing Section 45-57 as follows:
| ||||||
5 | (30 ILCS 500/45-57) | ||||||
6 | Sec. 45-57. Veterans. | ||||||
7 | (a) Set-aside goal. It is the goal of the State to promote | ||||||
8 | and encourage the continued economic development of small | ||||||
9 | businesses owned and controlled by qualified veterans and that | ||||||
10 | qualified service-disabled veteran-owned small businesses | ||||||
11 | (referred to as SDVOSB) and veteran-owned small businesses | ||||||
12 | (referred to as VOSB) participate in the State's procurement | ||||||
13 | process as both prime contractors and subcontractors. Not less | ||||||
14 | than 3% of the total dollar amount of State contracts, as | ||||||
15 | defined by the Commission on Equity and Inclusion, shall be | ||||||
16 | established as a goal to be awarded to SDVOSB and VOSB. That | ||||||
17 | portion of a contract under which the contractor subcontracts | ||||||
18 | with a SDVOSB or VOSB may be counted toward the goal of this | ||||||
19 | subsection. The Commission on Equity and Inclusion shall adopt | ||||||
20 | rules to implement compliance with this subsection by all | ||||||
21 | State agencies. | ||||||
22 | (b) Fiscal year reports. By each November 1, each chief | ||||||
23 | procurement officer shall report to the Commission on Equity | ||||||
24 | and Inclusion on all of the following for the immediately |
| |||||||
| |||||||
1 | preceding fiscal year, and by each March 1 the Commission on | ||||||
2 | Equity and Inclusion shall compile and report that information | ||||||
3 | to the General Assembly: | ||||||
4 | (1) The total number of VOSB, and the number of | ||||||
5 | SDVOSB, who submitted bids for contracts under this Code. | ||||||
6 | (2) The total number of VOSB, and the number of | ||||||
7 | SDVOSB, who entered into contracts with the State under | ||||||
8 | this Code and the total value of those contracts. | ||||||
9 | (b-5) The Commission on Equity and Inclusion shall submit | ||||||
10 | an annual report to the Governor and the General Assembly that | ||||||
11 | shall include the following: | ||||||
12 | (1) a year-by-year comparison of the number of | ||||||
13 | certifications the State has issued to veteran-owned small | ||||||
14 | businesses and service-disabled veteran-owned small | ||||||
15 | businesses; | ||||||
16 | (2) the obstacles, if any, the Commission on Equity | ||||||
17 | and Inclusion faces when certifying veteran-owned | ||||||
18 | businesses and possible rules or changes to rules to | ||||||
19 | address those issues; | ||||||
20 | (3) a year-by-year comparison of awarded contracts to | ||||||
21 | certified veteran-owned small businesses and | ||||||
22 | service-disabled veteran-owned small businesses; and | ||||||
23 | (4) any other information that the Commission on | ||||||
24 | Equity and Inclusion deems necessary to assist | ||||||
25 | veteran-owned small businesses and service-disabled | ||||||
26 | veteran-owned small businesses to become certified with |
| |||||||
| |||||||
1 | the State. | ||||||
2 | The Commission on Equity and Inclusion shall conduct a | ||||||
3 | minimum of 2 outreach events per year to ensure that | ||||||
4 | veteran-owned small businesses and service-disabled | ||||||
5 | veteran-owned small businesses know about the procurement | ||||||
6 | opportunities and certification requirements with the State. | ||||||
7 | The Commission on Equity and Inclusion may receive | ||||||
8 | appropriations for outreach. | ||||||
9 | (c) Yearly review and recommendations. Each year, each | ||||||
10 | chief procurement officer shall review the progress of all | ||||||
11 | State agencies under its jurisdiction in meeting the goal | ||||||
12 | described in subsection (a), with input from statewide | ||||||
13 | veterans' service organizations and from the business | ||||||
14 | community, including businesses owned by qualified veterans, | ||||||
15 | and shall make recommendations to be included in the | ||||||
16 | Commission on Equity and Inclusion's report to the General | ||||||
17 | Assembly regarding continuation, increases, or decreases of | ||||||
18 | the percentage goal. The recommendations shall be based upon | ||||||
19 | the number of businesses that are owned by qualified veterans | ||||||
20 | and on the continued need to encourage and promote businesses | ||||||
21 | owned by qualified veterans. | ||||||
22 | (d) Governor's recommendations. To assist the State in | ||||||
23 | reaching the goal described in subsection (a), the Governor | ||||||
24 | shall recommend to the General Assembly changes in programs to | ||||||
25 | assist businesses owned by qualified veterans. | ||||||
26 | (e) Definitions. As used in this Section: |
| |||||||
| |||||||
1 | "Armed forces of the United States" means the United | ||||||
2 | States Army, Navy, Air Force, Space Force, Marine Corps, Coast | ||||||
3 | Guard, or service in active duty as defined under 38 U.S.C. | ||||||
4 | Section 101. Service in the Merchant Marine that constitutes | ||||||
5 | active duty under Section 401 of federal Public Law Act 95-202 | ||||||
6 | shall also be considered service in the armed forces for | ||||||
7 | purposes of this Section. | ||||||
8 | "Certification" means a determination made by the Illinois | ||||||
9 | Department of Veterans Veterans' Affairs and the Commission on | ||||||
10 | Equity and Inclusion that a business entity is a qualified | ||||||
11 | service-disabled veteran-owned small business or a qualified | ||||||
12 | veteran-owned small business for whatever purpose. A SDVOSB or | ||||||
13 | VOSB owned and controlled by women, minorities, or persons | ||||||
14 | with disabilities, as those terms are defined in Section 2 of | ||||||
15 | the Business Enterprise for Minorities, Women, and Persons | ||||||
16 | with Disabilities Act, may also select and designate whether | ||||||
17 | that business is to be certified as a "women-owned business", | ||||||
18 | "minority-owned business", or "business owned by a person with | ||||||
19 | a disability", as defined in Section 2 of the Business | ||||||
20 | Enterprise for Minorities, Women, and Persons with | ||||||
21 | Disabilities Act. | ||||||
22 | "Control" means the exclusive, ultimate, majority, or sole | ||||||
23 | control of the business, including but not limited to capital | ||||||
24 | investment and all other financial matters, property, | ||||||
25 | acquisitions, contract negotiations, legal matters, | ||||||
26 | officer-director-employee selection and comprehensive hiring, |
| |||||||
| |||||||
1 | operation responsibilities, cost-control matters, income and | ||||||
2 | dividend matters, financial transactions, and rights of other | ||||||
3 | shareholders or joint partners. Control shall be real, | ||||||
4 | substantial, and continuing, not pro forma. Control shall | ||||||
5 | include the power to direct or cause the direction of the | ||||||
6 | management and policies of the business and to make the | ||||||
7 | day-to-day as well as major decisions in matters of policy, | ||||||
8 | management, and operations. Control shall be exemplified by | ||||||
9 | possessing the requisite knowledge and expertise to run the | ||||||
10 | particular business, and control shall not include simple | ||||||
11 | majority or absentee ownership. | ||||||
12 | "Qualified service-disabled veteran" means a veteran who | ||||||
13 | has been found to have 10% or more service-connected | ||||||
14 | disability by the United States Department of Veterans Affairs | ||||||
15 | or the United States Department of Defense. | ||||||
16 | "Qualified service-disabled veteran-owned small business" | ||||||
17 | or "SDVOSB" means a small business (i) that is at least 51% | ||||||
18 | owned by one or more qualified service-disabled veterans | ||||||
19 | living in Illinois or, in the case of a corporation, at least | ||||||
20 | 51% of the stock of which is owned by one or more qualified | ||||||
21 | service-disabled veterans living in Illinois; (ii) that has | ||||||
22 | its home office in Illinois; and (iii) for which items (i) and | ||||||
23 | (ii) are factually verified annually by the Commission on | ||||||
24 | Equity and Inclusion. | ||||||
25 | "Qualified veteran-owned small business" or "VOSB" means a | ||||||
26 | small business (i) that is at least 51% owned by one or more |
| |||||||
| |||||||
1 | qualified veterans living in Illinois or, in the case of a | ||||||
2 | corporation, at least 51% of the stock of which is owned by one | ||||||
3 | or more qualified veterans living in Illinois; (ii) that has | ||||||
4 | its home office in Illinois; and (iii) for which items (i) and | ||||||
5 | (ii) are factually verified annually by the Commission on | ||||||
6 | Equity and Inclusion. | ||||||
7 | "Service-connected disability" means a disability incurred | ||||||
8 | in the line of duty in the active military, naval, or air | ||||||
9 | service as described in 38 U.S.C. 101(16). | ||||||
10 | "Small business" means a business that has annual gross | ||||||
11 | sales of less than $150,000,000 as evidenced by the federal | ||||||
12 | income tax return of the business. A firm with gross sales in | ||||||
13 | excess of this cap may apply to the Commission on Equity and | ||||||
14 | Inclusion for certification for a particular contract if the | ||||||
15 | firm can demonstrate that the contract would have significant | ||||||
16 | impact on SDVOSB or VOSB as suppliers or subcontractors or in | ||||||
17 | employment of veterans or service-disabled veterans. | ||||||
18 | "State agency" has the meaning provided in Section | ||||||
19 | 1-15.100 of this Code. | ||||||
20 | "Time of hostilities with a foreign country" means any | ||||||
21 | period of time in the past, present, or future during which a | ||||||
22 | declaration of war by the United States Congress has been or is | ||||||
23 | in effect or during which an emergency condition has been or is | ||||||
24 | in effect that is recognized by the issuance of a Presidential | ||||||
25 | proclamation or a Presidential executive order and in which | ||||||
26 | the armed forces expeditionary medal or other campaign service |
| |||||||
| |||||||
1 | medals are awarded according to Presidential executive order. | ||||||
2 | "Veteran" means a person who (i) has been a member of the | ||||||
3 | armed forces of the United States or, while a citizen of the | ||||||
4 | United States, was a member of the armed forces of allies of | ||||||
5 | the United States in time of hostilities with a foreign | ||||||
6 | country and (ii) has served under one or more of the following | ||||||
7 | conditions: (a) the veteran served a total of at least 6 | ||||||
8 | months; (b) the veteran served for the duration of hostilities | ||||||
9 | regardless of the length of the engagement; (c) the veteran | ||||||
10 | was discharged on the basis of hardship; or (d) the veteran was | ||||||
11 | released from active duty because of a service connected | ||||||
12 | disability and was discharged under honorable conditions. | ||||||
13 | (f) Certification program. The Illinois Department of | ||||||
14 | Veterans Veterans' Affairs and the Commission on Equity and | ||||||
15 | Inclusion shall work together to devise a certification | ||||||
16 | procedure to assure that businesses taking advantage of this | ||||||
17 | Section are legitimately classified as qualified | ||||||
18 | service-disabled veteran-owned small businesses or qualified | ||||||
19 | veteran-owned small businesses. | ||||||
20 | The Commission on Equity and Inclusion shall: | ||||||
21 | (1) compile and maintain a comprehensive list of | ||||||
22 | certified veteran-owned small businesses and | ||||||
23 | service-disabled veteran-owned small businesses; | ||||||
24 | (2) assist veteran-owned small businesses and | ||||||
25 | service-disabled veteran-owned small businesses in | ||||||
26 | complying with the procedures for bidding on State |
| |||||||
| |||||||
1 | contracts; | ||||||
2 | (3) provide training for State agencies regarding the | ||||||
3 | goal setting process and compliance with veteran-owned | ||||||
4 | small business and service-disabled veteran-owned small | ||||||
5 | business goals; and | ||||||
6 | (4) implement and maintain an electronic portal on the | ||||||
7 | Commission on Equity and Inclusion's website for the | ||||||
8 | purpose of completing and submitting veteran-owned small | ||||||
9 | business and service-disabled veteran-owned small business | ||||||
10 | certificates. | ||||||
11 | The Commission on Equity and Inclusion, in consultation | ||||||
12 | with the Department of Veterans Veterans' Affairs, may develop | ||||||
13 | programs and agreements to encourage cities, counties, towns, | ||||||
14 | townships, and other certifying entities to adopt uniform | ||||||
15 | certification procedures and certification recognition | ||||||
16 | programs. | ||||||
17 | (f-5) A business shall be certified by the Commission on | ||||||
18 | Equity and Inclusion as a service-disabled veteran-owned small | ||||||
19 | business or a veteran-owned small business for purposes of | ||||||
20 | this Section if the Commission on Equity and Inclusion | ||||||
21 | determines that the business has been certified as a | ||||||
22 | service-disabled veteran-owned small business or a | ||||||
23 | veteran-owned small business by the Vets First Verification | ||||||
24 | Program of the United States Department of Veterans Affairs, | ||||||
25 | and the business has provided to the Commission on Equity and | ||||||
26 | Inclusion the following: |
| |||||||
| |||||||
1 | (1) documentation showing certification as a | ||||||
2 | service-disabled veteran-owned small business or a | ||||||
3 | veteran-owned small business by the Vets First | ||||||
4 | Verification Program of the United States Department of | ||||||
5 | Veterans Affairs; | ||||||
6 | (2) proof that the business has its home office in | ||||||
7 | Illinois; and | ||||||
8 | (3) proof that the qualified veterans or qualified | ||||||
9 | service-disabled veterans live in the State of Illinois. | ||||||
10 | The policies of the Commission on Equity and Inclusion | ||||||
11 | regarding recognition of the Vets First Verification Program | ||||||
12 | of the United States Department of Veterans Affairs shall be | ||||||
13 | reviewed annually by the Commission on Equity and Inclusion, | ||||||
14 | and recognition of service-disabled veteran-owned small | ||||||
15 | businesses and veteran-owned small businesses certified by the | ||||||
16 | Vets First Verification Program of the United States | ||||||
17 | Department of Veterans Affairs may be discontinued by the | ||||||
18 | Commission on Equity and Inclusion by rule upon a finding that | ||||||
19 | the certification standards of the Vets First Verification | ||||||
20 | Program of the United States Department of Veterans Affairs do | ||||||
21 | not meet the certification requirements established by the | ||||||
22 | Commission on Equity and Inclusion. | ||||||
23 | (g) Penalties. | ||||||
24 | (1) Administrative penalties. The chief procurement | ||||||
25 | officers appointed pursuant to Section 10-20 shall suspend | ||||||
26 | any person who commits a violation of Section 17-10.3 or |
| |||||||
| |||||||
1 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
2 | 2012 relating to this Section from bidding on, or | ||||||
3 | participating as a contractor, subcontractor, or supplier | ||||||
4 | in, any State contract or project for a period of not less | ||||||
5 | than 3 years, and, if the person is certified as a | ||||||
6 | service-disabled veteran-owned small business or a | ||||||
7 | veteran-owned small business, then the Commission on | ||||||
8 | Equity and Inclusion shall revoke the business's | ||||||
9 | certification for a period of not less than 3 years. An | ||||||
10 | additional or subsequent violation shall extend the | ||||||
11 | periods of suspension and revocation for a period of not | ||||||
12 | less than 5 years. The suspension and revocation shall | ||||||
13 | apply to the principals of the business and any subsequent | ||||||
14 | business formed or financed by, or affiliated with, those | ||||||
15 | principals. | ||||||
16 | (2) Reports of violations. Each State agency shall | ||||||
17 | report any alleged violation of Section 17-10.3 or | ||||||
18 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
19 | 2012 relating to this Section to the chief procurement | ||||||
20 | officers appointed pursuant to Section 10-20. The chief | ||||||
21 | procurement officers appointed pursuant to Section 10-20 | ||||||
22 | shall subsequently report all such alleged violations to | ||||||
23 | the Attorney General, who shall determine whether to bring | ||||||
24 | a civil action against any person for the violation. | ||||||
25 | (3) List of suspended persons. The chief procurement | ||||||
26 | officers appointed pursuant to Section 10-20 shall monitor |
| |||||||
| |||||||
1 | the status of all reported violations of Section 17-10.3 | ||||||
2 | or subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
3 | 1961 or the Criminal Code of 2012 relating to this Section | ||||||
4 | and shall maintain and make available to all State | ||||||
5 | agencies a central listing of all persons that committed | ||||||
6 | violations resulting in suspension. | ||||||
7 | (4) Use of suspended persons. During the period of a | ||||||
8 | person's suspension under paragraph (1) of this | ||||||
9 | subsection, a State agency shall not enter into any | ||||||
10 | contract with that person or with any contractor using the | ||||||
11 | services of that person as a subcontractor. | ||||||
12 | (5) Duty to check list. Each State agency shall check | ||||||
13 | the central listing provided by the chief procurement | ||||||
14 | officers appointed pursuant to Section 10-20 under | ||||||
15 | paragraph (3) of this subsection to verify that a person | ||||||
16 | being awarded a contract by that State agency, or to be | ||||||
17 | used as a subcontractor or supplier on a contract being | ||||||
18 | awarded by that State agency, is not under suspension | ||||||
19 | pursuant to paragraph (1) of this subsection. | ||||||
20 | (h) On and after November 30, 2021 ( the effective date of | ||||||
21 | Public Act 102-671) this amendatory Act of the 102nd General | ||||||
22 | Assembly , all powers, duties, rights, and responsibilities of | ||||||
23 | the Department of Central Management Services with respect to | ||||||
24 | the requirements of this Section are transferred to the | ||||||
25 | Commission on Equity and Inclusion. | ||||||
26 | All books, records, papers, documents, property (real and |
| |||||||
| |||||||
1 | personal), contracts, causes of action, and pending business | ||||||
2 | pertaining to the powers, duties, rights, and responsibilities | ||||||
3 | transferred by Public Act 102-671 this amendatory Act from the | ||||||
4 | Department of Central Management Services to the Commission on | ||||||
5 | Equity and Inclusion, including, but not limited to, material | ||||||
6 | in electronic or magnetic format and necessary computer | ||||||
7 | hardware and software, shall be transferred to the Commission | ||||||
8 | on Equity and Inclusion. | ||||||
9 | The powers, duties, rights, and responsibilities | ||||||
10 | transferred from the Department of Central Management Services | ||||||
11 | by this amendatory Act shall be vested in and shall be | ||||||
12 | exercised by the Commission on Equity and Inclusion. | ||||||
13 | Whenever reports or notices are now required to be made or | ||||||
14 | given or papers or documents furnished or served by any person | ||||||
15 | to or upon the Department of Central Management Services in | ||||||
16 | connection with any of the powers, duties, rights, and | ||||||
17 | responsibilities transferred by Public Act 102-671 this | ||||||
18 | amendatory Act , the same shall be made, given, furnished, or | ||||||
19 | served in the same manner to or upon the Commission on Equity | ||||||
20 | and Inclusion. | ||||||
21 | Public Act 102-671 This amendatory Act of the 102nd | ||||||
22 | General Assembly does not affect any act done, ratified, or | ||||||
23 | canceled or any right occurring or established or any action | ||||||
24 | or proceeding had or commenced in an administrative, civil, or | ||||||
25 | criminal cause by the Department of Central Management | ||||||
26 | Services before this amendatory Act takes effect; such actions |
| |||||||
| |||||||
1 | or proceedings may be prosecuted and continued by the | ||||||
2 | Commission on Equity and Inclusion. | ||||||
3 | Any rules of the Department of Central Management Services | ||||||
4 | that relate to its powers, duties, rights, and | ||||||
5 | responsibilities under this Section and are in full force on | ||||||
6 | the effective date of Public Act 102-671 this amendatory Act | ||||||
7 | of the 102nd General Assembly shall become the rules of the | ||||||
8 | Commission on Equity and Inclusion. Public Act 102-671 This | ||||||
9 | amendatory Act does not affect the legality of any such rules | ||||||
10 | in the Illinois Administrative Code. Any proposed rules filed | ||||||
11 | with the Secretary of State by the Department of Central | ||||||
12 | Management Services that are pending in the rulemaking process | ||||||
13 | on November 30, 2021 the effective date of this amendatory Act | ||||||
14 | and pertain to the powers, duties, rights, and | ||||||
15 | responsibilities transferred, shall be deemed to have been | ||||||
16 | filed by the Commission on Equity and Inclusion. As soon as | ||||||
17 | practicable hereafter, the Commission on Equity and Inclusion | ||||||
18 | shall revise and clarify the rules transferred to it under | ||||||
19 | Public Act 102-671 this amendatory Act to reflect the | ||||||
20 | reorganization of powers, duties, rights, and responsibilities | ||||||
21 | affected by Public Act 102-671 this amendatory Act , using the | ||||||
22 | procedures for recodification of rules available under the | ||||||
23 | Illinois Administrative Procedure Act, except that existing | ||||||
24 | title, part, and section numbering for the affected rules may | ||||||
25 | be retained. The Commission on Equity and Inclusion may | ||||||
26 | propose and adopt under the Illinois Administrative Procedure |
| |||||||
| |||||||
1 | Act such other rules of the Department of Central Management | ||||||
2 | Services that will now be administered by the Commission on | ||||||
3 | Equity and Inclusion. | ||||||
4 | (Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21; | ||||||
5 | 103-570, eff. 1-1-24; 103-746, eff. 1-1-25; revised 11-22-24.)
| ||||||
6 | Section 110. The Illinois Procurement Code is amended by | ||||||
7 | changing Section 45-67 as follows:
| ||||||
8 | (30 ILCS 500/45-67) | ||||||
9 | Sec. 45-67. Encouragement to hire qualified veterans. A | ||||||
10 | chief procurement officer may, as part of any solicitation, | ||||||
11 | encourage potential contractors to consider hiring qualified | ||||||
12 | veterans and to notify them of any available financial | ||||||
13 | incentives or other advantages associated with hiring such | ||||||
14 | persons. In establishing internal guidelines in furtherance of | ||||||
15 | this Section, the Department of Central Management Services | ||||||
16 | may work with an interagency advisory committee consisting of | ||||||
17 | representatives from the Department of Veterans Veterans' | ||||||
18 | Affairs, the Department of Employment Security, the Department | ||||||
19 | of Commerce and Economic Opportunity, and the Department of | ||||||
20 | Revenue and consisting of 8 members of the General Assembly, 2 | ||||||
21 | of whom are appointed by the Speaker of the House of | ||||||
22 | Representatives, 2 of whom are appointed by the President of | ||||||
23 | the Senate, 2 of whom are appointed by the Minority Leader of | ||||||
24 | the House of Representatives, and 2 of whom are appointed by |
| |||||||
| |||||||
1 | the Minority Leader of the Senate. | ||||||
2 | For the purposes of this Section, "qualified veteran" | ||||||
3 | means an Illinois resident who: (i) was a member of the Armed | ||||||
4 | Forces of the United States, a member of the Illinois National | ||||||
5 | Guard, or a member of any reserve component of the Armed Forces | ||||||
6 | of the United States; (ii) served on active duty in connection | ||||||
7 | with Operation Desert Storm, Operation Enduring Freedom, or | ||||||
8 | Operation Iraqi Freedom; and (iii) was honorably discharged. | ||||||
9 | The Department of Central Management Services must report | ||||||
10 | to the Governor and to the General Assembly by December 31 of | ||||||
11 | each year on the activities undertaken by chief procurement | ||||||
12 | officers and the Department of Central Management Services to | ||||||
13 | encourage potential contractors to consider hiring qualified | ||||||
14 | veterans. The report must include the number of vendors who | ||||||
15 | have hired qualified veterans. | ||||||
16 | (Source: P.A. 100-143, eff. 1-1-18; 100-201, eff. 8-18-17 .)
| ||||||
17 | Section 115. The Social Services Contract Notice Act is | ||||||
18 | amended by changing Section 10 as follows:
| ||||||
19 | (30 ILCS 596/10) | ||||||
20 | Sec. 10. Definitions. As used in this Act: | ||||||
21 | (a) "Authorized service provider" means a non-governmental | ||||||
22 | entity responsible for providing services on behalf of the | ||||||
23 | State of Illinois under a contract with a State agency. | ||||||
24 | (b) "Contract" means all types of State agreements for |
| |||||||
| |||||||
1 | social service delivery, regardless of what they may be | ||||||
2 | called, including grants, fee-for-service, fixed rate, | ||||||
3 | cost-reimbursement, purchase of care, renewals, and | ||||||
4 | amendments. It does not include agreements procured for goods. | ||||||
5 | (c) "Direct services" means those services that are | ||||||
6 | provided on behalf of Illinois residents by an authorized | ||||||
7 | service provider. | ||||||
8 | (d) "Reduction of contract" means a decrease in the | ||||||
9 | defined or estimated contract value. This is not inclusive of | ||||||
10 | adjustments made by the State through the generally accepted | ||||||
11 | accounting principles (GAAP) reconciliation process, under the | ||||||
12 | Illinois Grant Funds Recovery Act, or on account of the | ||||||
13 | service provider's underutilization of contract value, as | ||||||
14 | determined by the State. | ||||||
15 | (e) "Social services" or "services" means direct services | ||||||
16 | that are provided by a State agency through a grant awarded to | ||||||
17 | or service agreement or contract with an authorized service | ||||||
18 | provider and that are designed to ensure the health, safety, | ||||||
19 | education, or welfare of Illinois residents. | ||||||
20 | (f) "State agency" means: | ||||||
21 | (1) the Department on Aging or its successor agency; | ||||||
22 | (2) the Department of Children and Family Services or | ||||||
23 | its successor agency; | ||||||
24 | (3) the Department of Healthcare and Family Services | ||||||
25 | or its successor agency; | ||||||
26 | (4) the Department of Human Services or its successor |
| |||||||
| |||||||
1 | agency; | ||||||
2 | (5) the Department of Public Health or its successor | ||||||
3 | agency; | ||||||
4 | (6) the Department of Corrections or its successor | ||||||
5 | agency; | ||||||
6 | (7) the Department of Juvenile Justice or its | ||||||
7 | successor agency; | ||||||
8 | (8) the Illinois Criminal Justice Information | ||||||
9 | Authority or its successor agency; | ||||||
10 | (9) the Illinois State Board of Education or its | ||||||
11 | successor agency; | ||||||
12 | (10) the Illinois Community College Board or its | ||||||
13 | successor agency; | ||||||
14 | (11) the Illinois Housing Development Authority or its | ||||||
15 | successor agency; | ||||||
16 | (12) the Department of Employment Security or its | ||||||
17 | successor agency; | ||||||
18 | (13) the Department of Veterans Veterans' Affairs or | ||||||
19 | its successor agency; | ||||||
20 | (14) the Department of Military Affairs or its | ||||||
21 | successor agency; | ||||||
22 | (15) the Illinois Emergency Management Agency or its | ||||||
23 | successor agency; | ||||||
24 | (16) the Department of Commerce and Economic | ||||||
25 | Opportunity or its successor agency; | ||||||
26 | (17) any commission, board, or authority within the |
| |||||||
| |||||||
1 | State agencies or successor agencies listed in this | ||||||
2 | Section; or | ||||||
3 | (18) any State agency, or its successor agency, | ||||||
4 | designated to enter into contracts with one or more | ||||||
5 | authorized service providers on behalf of a State agency | ||||||
6 | subject to this Act. | ||||||
7 | (Source: P.A. 100-153, eff. 8-18-17.)
| ||||||
8 | Section 125. The State Facilities Closure Act is amended | ||||||
9 | by changing Section 5-10 as follows:
| ||||||
10 | (30 ILCS 608/5-10) | ||||||
11 | Sec. 5-10. Facility closure process. | ||||||
12 | (a) Before a State facility may be closed, the State | ||||||
13 | executive branch officer with jurisdiction over the facility | ||||||
14 | shall file notice of the proposed closure with the Commission. | ||||||
15 | The notice must be filed within 2 days after the first public | ||||||
16 | announcement of any planned or proposed closure. Within 10 | ||||||
17 | days after it receives notice of the proposed closure, the | ||||||
18 | Commission, in its discretion, may require the State executive | ||||||
19 | branch officer with jurisdiction over the facility to file a | ||||||
20 | recommendation for the closure of the facility with the | ||||||
21 | Commission. In the case of a proposed closure of: (i) a prison, | ||||||
22 | youth center, work camp, or work release center operated by | ||||||
23 | the Department of Corrections; (ii) a school, mental health | ||||||
24 | center, or center for persons with developmental disabilities |
| |||||||
| |||||||
1 | operated by the Department of Human Services; or (iii) a | ||||||
2 | residential facility operated by the Department of Veterans | ||||||
3 | Veterans' Affairs, the Commission must require the executive | ||||||
4 | branch officers to file a recommendation for closure. The | ||||||
5 | recommendation must be filed within 30 days after the | ||||||
6 | Commission delivers the request for recommendation to the | ||||||
7 | State executive branch officer. The recommendation must | ||||||
8 | include, but is not limited to, the following: | ||||||
9 | (1) the location and identity of the State facility | ||||||
10 | proposed to be closed; | ||||||
11 | (2) the number of employees for which the State | ||||||
12 | facility is the primary stationary work location and the | ||||||
13 | effect of the closure of the facility on those employees; | ||||||
14 | (3) the location or locations to which the functions | ||||||
15 | and employees of the State facility would be moved; | ||||||
16 | (4) the availability and condition of land and | ||||||
17 | facilities at both the existing location and any potential | ||||||
18 | locations; | ||||||
19 | (5) the ability to accommodate the functions and | ||||||
20 | employees at the existing and at any potential locations; | ||||||
21 | (6) the cost of operations of the State facility and | ||||||
22 | at any potential locations and any other related budgetary | ||||||
23 | impacts; | ||||||
24 | (7) the economic impact on existing communities in the | ||||||
25 | vicinity of the State facility and any potential facility; | ||||||
26 | (8) the ability of the existing and any potential |
| |||||||
| |||||||
1 | community's infrastructure to support the functions and | ||||||
2 | employees; | ||||||
3 | (9) the impact on State services delivered at the | ||||||
4 | existing location, in direct relation to the State | ||||||
5 | services expected to be delivered at any potential | ||||||
6 | locations; and | ||||||
7 | (10) the environmental impact, including the impact of | ||||||
8 | costs related to potential environmental restoration, | ||||||
9 | waste management, and environmental compliance activities. | ||||||
10 | (b) If a recommendation is required by the Commission, a | ||||||
11 | 30-day public comment period must follow the filing of the | ||||||
12 | recommendation. The Commission, in its discretion, may conduct | ||||||
13 | one or more public hearings on the recommendation. In the case | ||||||
14 | of a proposed closure of: (i) a prison, youth center, work | ||||||
15 | camp, or work release center operated by the Department of | ||||||
16 | Corrections; (ii) a school, mental health center, or center | ||||||
17 | for persons with developmental disabilities operated by the | ||||||
18 | Department of Human Services; or (iii) a residential facility | ||||||
19 | operated by the Department of Veterans Veterans' Affairs, the | ||||||
20 | Commission must conduct one or more public hearings on the | ||||||
21 | recommendation. Public hearings conducted by the Commission | ||||||
22 | shall be conducted no later than 35 days after the filing of | ||||||
23 | the recommendation. At least one of the public hearings on the | ||||||
24 | recommendation shall be held at a convenient location within | ||||||
25 | 25 miles of the facility for which closure is recommended. The | ||||||
26 | Commission shall provide reasonable notice of the comment |
| |||||||
| |||||||
1 | period and of any public hearings to the public and to units of | ||||||
2 | local government and school districts that are located within | ||||||
3 | 25 miles of the facility. | ||||||
4 | (c) Within 50 days after the State executive branch | ||||||
5 | officer files the required recommendation, the Commission | ||||||
6 | shall issue an advisory opinion on that recommendation. The | ||||||
7 | Commission shall file the advisory opinion with the | ||||||
8 | appropriate State executive branch officer, the Governor, the | ||||||
9 | General Assembly, and the Index Department of the Office of | ||||||
10 | the Secretary of State and shall make copies of the advisory | ||||||
11 | opinion available to the public upon request. | ||||||
12 | (d) No action may be taken to implement the recommendation | ||||||
13 | for closure of a State facility until 50 days after the filing | ||||||
14 | of any required recommendation. | ||||||
15 | (e) The requirements of this Section do not apply if all of | ||||||
16 | the functions and employees of a State facility are relocated | ||||||
17 | to another State facility that is within 10 miles of the closed | ||||||
18 | facility. | ||||||
19 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
20 | Section 130. The Property Tax Code is amended by changing | ||||||
21 | Section 15-165 as follows:
| ||||||
22 | (35 ILCS 200/15-165) | ||||||
23 | Sec. 15-165. Veterans with disabilities. Property up to an | ||||||
24 | assessed value of $100,000, owned and used exclusively by a |
| |||||||
| |||||||
1 | veteran with a disability, or the spouse or unmarried | ||||||
2 | surviving spouse of the veteran, as a home, is exempt. As used | ||||||
3 | in this Section, a "veteran with a disability" means a person | ||||||
4 | who has served in the Armed Forces of the United States and | ||||||
5 | whose disability is of such a nature that the Federal | ||||||
6 | Government has authorized payment for purchase or construction | ||||||
7 | of Specially Adapted Housing as set forth in the United States | ||||||
8 | Code, Title 38, Chapter 21, Section 2101. | ||||||
9 | The exemption applies to housing where Federal funds have | ||||||
10 | been used to purchase or construct special adaptations to suit | ||||||
11 | the veteran's disability. | ||||||
12 | The exemption also applies to housing that is specially | ||||||
13 | adapted to suit the veteran's disability, and purchased | ||||||
14 | entirely or in part by the proceeds of a sale, casualty loss | ||||||
15 | reimbursement, or other transfer of a home for which the | ||||||
16 | Federal Government had previously authorized payment for | ||||||
17 | purchase or construction as Specially Adapted Housing. | ||||||
18 | However, the entire proceeds of the sale, casualty loss | ||||||
19 | reimbursement, or other transfer of that housing shall be | ||||||
20 | applied to the acquisition of subsequent specially adapted | ||||||
21 | housing to the extent that the proceeds equal the purchase | ||||||
22 | price of the subsequently acquired housing. | ||||||
23 | Beginning with the 2015 tax year, the exemption also | ||||||
24 | applies to housing that is specifically constructed or adapted | ||||||
25 | to suit a qualifying veteran's disability if the housing or | ||||||
26 | adaptations are donated by a charitable organization, the |
| |||||||
| |||||||
1 | veteran has been approved to receive funds for the purchase or | ||||||
2 | construction of Specially Adapted Housing under Title 38, | ||||||
3 | Chapter 21, Section 2101 of the United States Code, and the | ||||||
4 | home has been inspected and certified by a licensed home | ||||||
5 | inspector to be in compliance with applicable standards set | ||||||
6 | forth in U.S. Department of Veterans Affairs, Veterans | ||||||
7 | Benefits Administration Pamphlet 26-13 Handbook for Design of | ||||||
8 | Specially Adapted Housing. | ||||||
9 | For purposes of this Section, "charitable organization" | ||||||
10 | means any benevolent, philanthropic, patriotic, or | ||||||
11 | eleemosynary entity that solicits and collects funds for | ||||||
12 | charitable purposes and includes each local, county, or area | ||||||
13 | division of that charitable organization. | ||||||
14 | For purposes of this Section, "unmarried surviving spouse" | ||||||
15 | means the surviving spouse of the veteran at any time after the | ||||||
16 | death of the veteran during which such surviving spouse is not | ||||||
17 | married. | ||||||
18 | This exemption must be reestablished on an annual basis by | ||||||
19 | certification from the Illinois Department of Veterans | ||||||
20 | Veterans' Affairs to the Department, which shall forward a | ||||||
21 | copy of the certification to local assessing officials. | ||||||
22 | A taxpayer who claims an exemption under Section 15-168 or | ||||||
23 | 15-169 may not claim an exemption under this Section. | ||||||
24 | (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15.)
| ||||||
25 | Section 140. The Mobile Home Local Services Tax Act is |
| |||||||
| |||||||
1 | amended by changing Section 7.5 as follows:
| ||||||
2 | (35 ILCS 515/7.5) | ||||||
3 | Sec. 7.5. Exemption for veterans with disabilities. | ||||||
4 | (a) Beginning on January 1, 2004, a mobile home owned and | ||||||
5 | used exclusively by a veteran with a disability or the spouse | ||||||
6 | or unmarried surviving spouse of the veteran as a home, is | ||||||
7 | exempt from the tax imposed under this Act. | ||||||
8 | Beginning with the 2015 tax year, the exemption also | ||||||
9 | applies to housing that is specifically constructed or adapted | ||||||
10 | to suit a qualifying veteran's disability if the housing or | ||||||
11 | adaptations are donated by a charitable organization, the | ||||||
12 | veteran has been approved to receive funds for the purchase or | ||||||
13 | construction of Specially Adapted Housing under Title 38, | ||||||
14 | Chapter 21, Section 2101 of the United States Code, and the | ||||||
15 | home has been inspected and certified by a licensed home | ||||||
16 | inspector to be in compliance with applicable standards set | ||||||
17 | forth in U.S. Department of Veterans Affairs, Veterans | ||||||
18 | Benefits Administration Pamphlet 26-13 Handbook for Design of | ||||||
19 | Specially Adapted Housing. | ||||||
20 | (b) As used in this Section: | ||||||
21 | "Veteran with a disability" means a person who has served | ||||||
22 | in the armed forces of the United States and whose disability | ||||||
23 | is of such a nature that the federal government has authorized | ||||||
24 | payment for purchase or construction of specially adapted | ||||||
25 | housing as set forth in the United States Code, Title 38, |
| |||||||
| |||||||
1 | Chapter 21, Section 2101. | ||||||
2 | For purposes of this Section, "charitable organization" | ||||||
3 | means any benevolent, philanthropic, patriotic, or | ||||||
4 | eleemosynary entity that solicits and collects funds for | ||||||
5 | charitable purposes and includes each local, county, or area | ||||||
6 | division of that charitable organization. | ||||||
7 | "Unmarried surviving spouse" means the surviving spouse of | ||||||
8 | the veteran at any time after the death of the veteran during | ||||||
9 | which the surviving spouse is not married. | ||||||
10 | (c) Eligibility for this exemption must be reestablished | ||||||
11 | on an annual basis by certification from the Illinois | ||||||
12 | Department of Veterans Veterans' Affairs to the county clerk | ||||||
13 | of the county in which the exempt mobile home is located. The | ||||||
14 | county clerk shall forward a copy of the certification to | ||||||
15 | local assessing officials. | ||||||
16 | (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15.)
| ||||||
17 | Section 145. The Illinois Pension Code is amended by | ||||||
18 | changing Section 14-104 as follows:
| ||||||
19 | (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) | ||||||
20 | Sec. 14-104. Service for which contributions permitted. | ||||||
21 | Contributions provided for in this Section shall cover the | ||||||
22 | period of service granted. Except as otherwise provided in | ||||||
23 | this Section, the contributions shall be based upon the | ||||||
24 | employee's compensation and contribution rate in effect on the |
| |||||||
| |||||||
1 | date he last became a member of the System; provided that for | ||||||
2 | all employment prior to January 1, 1969 the contribution rate | ||||||
3 | shall be that in effect for a noncovered employee on the date | ||||||
4 | he last became a member of the System. Except as otherwise | ||||||
5 | provided in this Section, contributions permitted under this | ||||||
6 | Section shall include regular interest from the date an | ||||||
7 | employee last became a member of the System to the date of | ||||||
8 | payment. | ||||||
9 | These contributions must be paid in full before retirement | ||||||
10 | either in a lump sum or in installment payments in accordance | ||||||
11 | with such rules as may be adopted by the board. | ||||||
12 | (a) Any member may make contributions as required in this | ||||||
13 | Section for any period of service, subsequent to the date of | ||||||
14 | establishment, but prior to the date of membership. | ||||||
15 | (b) Any employee who had been previously excluded from | ||||||
16 | membership because of age at entry and subsequently became | ||||||
17 | eligible may elect to make contributions as required in this | ||||||
18 | Section for the period of service during which he was | ||||||
19 | ineligible. | ||||||
20 | (c) An employee of the Department of Insurance who, after | ||||||
21 | January 1, 1944 but prior to becoming eligible for membership, | ||||||
22 | received salary from funds of insurance companies in the | ||||||
23 | process of rehabilitation, liquidation, conservation or | ||||||
24 | dissolution, may elect to make contributions as required in | ||||||
25 | this Section for such service. | ||||||
26 | (d) Any employee who rendered service in a State office to |
| |||||||
| |||||||
1 | which he was elected, or rendered service in the elective | ||||||
2 | office of Clerk of the Appellate Court prior to the date he | ||||||
3 | became a member, may make contributions for such service as | ||||||
4 | required in this Section. Any member who served by appointment | ||||||
5 | of the Governor under the Civil Administrative Code of | ||||||
6 | Illinois and did not participate in this System may make | ||||||
7 | contributions as required in this Section for such service. | ||||||
8 | (e) Any person employed by the United States government or | ||||||
9 | any instrumentality or agency thereof from January 1, 1942 | ||||||
10 | through November 15, 1946 as the result of a transfer from | ||||||
11 | State service by executive order of the President of the | ||||||
12 | United States shall be entitled to prior service credit | ||||||
13 | covering the period from January 1, 1942 through December 31, | ||||||
14 | 1943 as provided for in this Article and to membership service | ||||||
15 | credit for the period from January 1, 1944 through November | ||||||
16 | 15, 1946 by making the contributions required in this Section. | ||||||
17 | A person so employed on January 1, 1944 but whose employment | ||||||
18 | began after January 1, 1942 may qualify for prior service and | ||||||
19 | membership service credit under the same conditions. | ||||||
20 | (f) An employee of the Department of Labor of the State of | ||||||
21 | Illinois who performed services for and under the supervision | ||||||
22 | of that Department prior to January 1, 1944 but who was | ||||||
23 | compensated for those services directly by federal funds and | ||||||
24 | not by a warrant of the Auditor of Public Accounts paid by the | ||||||
25 | State Treasurer may establish credit for such employment by | ||||||
26 | making the contributions required in this Section. An employee |
| |||||||
| |||||||
1 | of the Department of Agriculture of the State of Illinois, who | ||||||
2 | performed services for and under the supervision of that | ||||||
3 | Department prior to June 1, 1963, but was compensated for | ||||||
4 | those services directly by federal funds and not paid by a | ||||||
5 | warrant of the Auditor of Public Accounts paid by the State | ||||||
6 | Treasurer, and who did not contribute to any other public | ||||||
7 | employee retirement system for such service, may establish | ||||||
8 | credit for such employment by making the contributions | ||||||
9 | required in this Section. | ||||||
10 | (g) Any employee who executed a waiver of membership | ||||||
11 | within 60 days prior to January 1, 1944 may, at any time while | ||||||
12 | in the service of a department, file with the board a | ||||||
13 | rescission of such waiver. Upon making the contributions | ||||||
14 | required by this Section, the member shall be granted the | ||||||
15 | creditable service that would have been received if the waiver | ||||||
16 | had not been executed. | ||||||
17 | (h) Until May 1, 1990, an employee who was employed on a | ||||||
18 | full-time basis by a regional planning commission for at least | ||||||
19 | 5 continuous years may establish creditable service for such | ||||||
20 | employment by making the contributions required under this | ||||||
21 | Section, provided that any credits earned by the employee in | ||||||
22 | the commission's retirement plan have been terminated. | ||||||
23 | (i) Any person who rendered full time contractual services | ||||||
24 | to the General Assembly as a member of a legislative staff may | ||||||
25 | establish service credit for up to 8 years of such services by | ||||||
26 | making the contributions required under this Section, provided |
| |||||||
| |||||||
1 | that application therefor is made not later than July 1, 1991. | ||||||
2 | (j) By paying the contributions otherwise required under | ||||||
3 | this Section, plus an amount determined by the Board to be | ||||||
4 | equal to the employer's normal cost of the benefit plus | ||||||
5 | interest, but with all of the interest calculated from the | ||||||
6 | date the employee last became a member of the System or | ||||||
7 | November 19, 1991, whichever is later, to the date of payment, | ||||||
8 | an employee may establish service credit for a period of up to | ||||||
9 | 4 years spent in active military service for which he does not | ||||||
10 | qualify for credit under Section 14-105, provided that (1) he | ||||||
11 | was not dishonorably discharged from such military service, | ||||||
12 | and (2) the amount of service credit established by a member | ||||||
13 | under this subsection (j), when added to the amount of | ||||||
14 | military service credit granted to the member under subsection | ||||||
15 | (b) of Section 14-105, shall not exceed 5 years. The change in | ||||||
16 | the manner of calculating interest under this subsection (j) | ||||||
17 | made by this amendatory Act of the 92nd General Assembly | ||||||
18 | applies to credit purchased by an employee on or after its | ||||||
19 | effective date and does not entitle any person to a refund of | ||||||
20 | contributions or interest already paid. In compliance with | ||||||
21 | Section 14-152.1 of this Act concerning new benefit increases, | ||||||
22 | any new benefit increase as a result of the changes to this | ||||||
23 | subsection (j) made by Public Act 95-483 is funded through the | ||||||
24 | employee contributions provided for in this subsection (j). | ||||||
25 | Any new benefit increase as a result of the changes made to | ||||||
26 | this subsection (j) by Public Act 95-483 is exempt from the |
| |||||||
| |||||||
1 | provisions of subsection (d) of Section 14-152.1. | ||||||
2 | (k) An employee who was employed on a full-time basis by | ||||||
3 | the Illinois State's Attorneys Association Statewide Appellate | ||||||
4 | Assistance Service LEAA-ILEC grant project prior to the time | ||||||
5 | that project became the State's Attorneys Appellate Service | ||||||
6 | Commission, now the Office of the State's Attorneys Appellate | ||||||
7 | Prosecutor, an agency of State government, may establish | ||||||
8 | creditable service for not more than 60 months service for | ||||||
9 | such employment by making contributions required under this | ||||||
10 | Section. | ||||||
11 | (l) By paying the contributions otherwise required under | ||||||
12 | this Section, plus an amount determined by the Board to be | ||||||
13 | equal to the employer's normal cost of the benefit plus | ||||||
14 | interest, a member may establish service credit for periods of | ||||||
15 | less than one year spent on authorized leave of absence from | ||||||
16 | service, provided that (1) the period of leave began on or | ||||||
17 | after January 1, 1982 and (2) any credit established by the | ||||||
18 | member for the period of leave in any other public employee | ||||||
19 | retirement system has been terminated. A member may establish | ||||||
20 | service credit under this subsection for more than one period | ||||||
21 | of authorized leave, and in that case the total period of | ||||||
22 | service credit established by the member under this subsection | ||||||
23 | may exceed one year. In determining the contributions required | ||||||
24 | for establishing service credit under this subsection, the | ||||||
25 | interest shall be calculated from the beginning of the leave | ||||||
26 | of absence to the date of payment. |
| |||||||
| |||||||
1 | (l-5) By paying the contributions otherwise required under | ||||||
2 | this Section, plus an amount determined by the Board to be | ||||||
3 | equal to the employer's normal cost of the benefit plus | ||||||
4 | interest, a member may establish service credit for periods of | ||||||
5 | up to 2 years spent on authorized leave of absence from | ||||||
6 | service, provided that during that leave the member | ||||||
7 | represented or was employed as an officer or employee of a | ||||||
8 | statewide labor organization that represents members of this | ||||||
9 | System. In determining the contributions required for | ||||||
10 | establishing service credit under this subsection, the | ||||||
11 | interest shall be calculated from the beginning of the leave | ||||||
12 | of absence to the date of payment. | ||||||
13 | (m) Any person who rendered contractual services to a | ||||||
14 | member of the General Assembly as a worker in the member's | ||||||
15 | district office may establish creditable service for up to 3 | ||||||
16 | years of those contractual services by making the | ||||||
17 | contributions required under this Section. The System shall | ||||||
18 | determine a full-time salary equivalent for the purpose of | ||||||
19 | calculating the required contribution. To establish credit | ||||||
20 | under this subsection, the applicant must apply to the System | ||||||
21 | by March 1, 1998. | ||||||
22 | (n) Any person who rendered contractual services to a | ||||||
23 | member of the General Assembly as a worker providing | ||||||
24 | constituent services to persons in the member's district may | ||||||
25 | establish creditable service for up to 8 years of those | ||||||
26 | contractual services by making the contributions required |
| |||||||
| |||||||
1 | under this Section. The System shall determine a full-time | ||||||
2 | salary equivalent for the purpose of calculating the required | ||||||
3 | contribution. To establish credit under this subsection, the | ||||||
4 | applicant must apply to the System by March 1, 1998. | ||||||
5 | (o) A member who participated in the Illinois Legislative | ||||||
6 | Staff Internship Program may establish creditable service for | ||||||
7 | up to one year of that participation by making the | ||||||
8 | contribution required under this Section. The System shall | ||||||
9 | determine a full-time salary equivalent for the purpose of | ||||||
10 | calculating the required contribution. Credit may not be | ||||||
11 | established under this subsection for any period for which | ||||||
12 | service credit is established under any other provision of | ||||||
13 | this Code. | ||||||
14 | (p) By paying the contributions otherwise required under | ||||||
15 | this Section, plus an amount determined by the Board to be | ||||||
16 | equal to the employer's normal cost of the benefit plus | ||||||
17 | interest, a member may establish service credit for a period | ||||||
18 | of up to 8 years during which he or she was employed by the | ||||||
19 | Visually Handicapped Managers of Illinois in a vending program | ||||||
20 | operated under a contractual agreement with the Department of | ||||||
21 | Rehabilitation Services or its successor agency. | ||||||
22 | This subsection (p) applies without regard to whether the | ||||||
23 | person was in service on or after the effective date of this | ||||||
24 | amendatory Act of the 94th General Assembly. In the case of a | ||||||
25 | person who is receiving a retirement annuity on that effective | ||||||
26 | date, the increase, if any, shall begin to accrue on the first |
| |||||||
| |||||||
1 | annuity payment date following receipt by the System of the | ||||||
2 | contributions required under this subsection (p). | ||||||
3 | (q) By paying the required contributions under this | ||||||
4 | Section, plus an amount determined by the Board to be equal to | ||||||
5 | the employer's normal cost of the benefit plus interest, an | ||||||
6 | employee who was laid off but returned to any State employment | ||||||
7 | may establish creditable service for the period of the layoff, | ||||||
8 | provided that (1) the applicant applies for the creditable | ||||||
9 | service under this subsection (q) within 6 months after July | ||||||
10 | 27, 2010 (the effective date of Public Act 96-1320), (2) the | ||||||
11 | applicant does not receive credit for that period under any | ||||||
12 | other provision of this Code, (3) at the time of the layoff, | ||||||
13 | the applicant is not in an initial probationary status | ||||||
14 | consistent with the rules of the Department of Central | ||||||
15 | Management Services, and (4) the total amount of creditable | ||||||
16 | service established by the applicant under this subsection (q) | ||||||
17 | does not exceed 3 years. For service established under this | ||||||
18 | subsection (q), the required employee contribution shall be | ||||||
19 | based on the rate of compensation earned by the employee on the | ||||||
20 | date of returning to employment after the layoff and the | ||||||
21 | contribution rate then in effect, and the required interest | ||||||
22 | shall be calculated at the actuarially assumed rate from the | ||||||
23 | date of returning to employment after the layoff to the date of | ||||||
24 | payment. Funding for any new benefit increase, as defined in | ||||||
25 | Section 14-152.1 of this Act, that is created under this | ||||||
26 | subsection (q) will be provided by the employee contributions |
| |||||||
| |||||||
1 | required under this subsection (q). | ||||||
2 | (r) A member who participated in the University of | ||||||
3 | Illinois Government Public Service Internship Program (GPSI) | ||||||
4 | may establish creditable service for up to 2 years of that | ||||||
5 | participation by making the contribution required under this | ||||||
6 | Section, plus an amount determined by the Board to be equal to | ||||||
7 | the employer's normal cost of the benefit plus interest. The | ||||||
8 | System shall determine a full-time salary equivalent for the | ||||||
9 | purpose of calculating the required contribution. Credit may | ||||||
10 | not be established under this subsection for any period for | ||||||
11 | which service credit is established under any other provision | ||||||
12 | of this Code. | ||||||
13 | (s) A member who worked as a nurse under a contractual | ||||||
14 | agreement for the Department of Public Aid, or its successor | ||||||
15 | agency, the Department of Human Services, in the Client | ||||||
16 | Assessment Unit and was subsequently determined to be a State | ||||||
17 | employee by the United States Internal Revenue Service and the | ||||||
18 | Illinois Labor Relations Board may establish creditable | ||||||
19 | service for those contractual services by making the | ||||||
20 | contributions required under this Section. To establish credit | ||||||
21 | under this subsection, the applicant must apply to the System | ||||||
22 | by July 1, 2008. | ||||||
23 | The Department of Human Services shall pay an employer | ||||||
24 | contribution based upon an amount determined by the Board to | ||||||
25 | be equal to the employer's normal cost of the benefit, plus | ||||||
26 | interest. |
| |||||||
| |||||||
1 | In compliance with Section 14-152.1 added by Public Act | ||||||
2 | 94-4, the cost of the benefits provided by Public Act 95-583 | ||||||
3 | are offset by the required employee and employer | ||||||
4 | contributions. | ||||||
5 | (t) Any person who rendered contractual services on a | ||||||
6 | full-time basis to the Illinois Institute of Natural Resources | ||||||
7 | and the Illinois Department of Energy and Natural Resources | ||||||
8 | may establish creditable service for up to 4 years of those | ||||||
9 | contractual services by making the contributions required | ||||||
10 | under this Section, plus an amount determined by the Board to | ||||||
11 | be equal to the employer's normal cost of the benefit plus | ||||||
12 | interest at the actuarially assumed rate from the first day of | ||||||
13 | the service for which credit is being established to the date | ||||||
14 | of payment. To establish credit under this subsection (t), the | ||||||
15 | applicant must apply to the System within 6 months after July | ||||||
16 | 27, 2010 (the effective date of Public Act 96-1320). | ||||||
17 | (u) By paying the required contributions under this | ||||||
18 | Section, plus an amount determined by the Board to be equal to | ||||||
19 | the employer's normal cost of the benefit, plus interest, a | ||||||
20 | member may establish creditable service and earnings credit | ||||||
21 | for periods of furlough beginning on or after July 1, 2008. To | ||||||
22 | receive this credit, the participant must (i) apply in writing | ||||||
23 | to the System before December 31, 2011 and (ii) not receive | ||||||
24 | compensation for the furlough period. For service established | ||||||
25 | under this subsection, the required employee contribution | ||||||
26 | shall be based on the rate of compensation earned by the |
| |||||||
| |||||||
1 | employee immediately following the date of the first furlough | ||||||
2 | day in the time period specified in this subsection (u), and | ||||||
3 | the required interest shall be calculated at the actuarially | ||||||
4 | assumed rate from the date of the furlough to the date of | ||||||
5 | payment. | ||||||
6 | (v) Any member who rendered full-time contractual services | ||||||
7 | to an Illinois Veterans Home operated by the Department of | ||||||
8 | Veterans Veterans' Affairs may establish service credit for up | ||||||
9 | to 8 years of such services by making the contributions | ||||||
10 | required under this Section, plus an amount determined by the | ||||||
11 | Board to be equal to the employer's normal cost of the benefit, | ||||||
12 | plus interest at the actuarially assumed rate. To establish | ||||||
13 | credit under this subsection, the applicant must apply to the | ||||||
14 | System no later than 6 months after July 27, 2010 (the | ||||||
15 | effective date of Public Act 96-1320). | ||||||
16 | (Source: P.A. 96-97, eff. 7-27-09; 96-718, eff. 8-25-09; | ||||||
17 | 96-775, eff. 8-28-09; 96-961, eff. 7-2-10; 96-1000, eff. | ||||||
18 | 7-2-10; 96-1320, eff. 7-27-10; 96-1535, eff. 3-4-11; 97-333, | ||||||
19 | 8-12-11.)
| ||||||
20 | Section 150. The Military Family Interstate Compact | ||||||
21 | Implementation Statute Drafting Advisory Committee Act is | ||||||
22 | amended by changing Section 5 as follows:
| ||||||
23 | (45 ILCS 175/5) | ||||||
24 | Sec. 5. Committee; created; mandate. The Military Family |
| |||||||
| |||||||
1 | Interstate Compact Implementation Statute Drafting Advisory | ||||||
2 | Committee is created as an interagency advisory committee to | ||||||
3 | develop a comprehensive statute to implement the Interstate | ||||||
4 | Compact on Educational Opportunity for Military Children, a | ||||||
5 | document developed by the National Military Family | ||||||
6 | Association. The Lieutenant Governor is the chair of the | ||||||
7 | Committee, which shall be composed of the following | ||||||
8 | individuals or agency designees: | ||||||
9 | (1) The Lieutenant Governor. | ||||||
10 | (2) The Illinois State Board of Education. | ||||||
11 | (3) The Department of Commerce and Economic | ||||||
12 | Opportunity. | ||||||
13 | (4) The Department of Healthcare and Family Services. | ||||||
14 | (5) The Housing Development Authority. | ||||||
15 | (6) The Department of Veterans Veterans' Affairs. | ||||||
16 | (7) The Department of Military Affairs. | ||||||
17 | (8) The Department of Employment Security. | ||||||
18 | (9) Any other interested stakeholder, at the | ||||||
19 | discretion of the chair. | ||||||
20 | The Committee shall meet at a time and place designated by | ||||||
21 | the chair, but in no case shall the Committee meet less often | ||||||
22 | than once each month, until it has fulfilled all the | ||||||
23 | obligations delineated in this Act. | ||||||
24 | All meetings of the Committee are subject to the | ||||||
25 | provisions of the Open Meetings Act. | ||||||
26 | All proceedings of the Committee and documents produced by |
| |||||||
| |||||||
1 | the Committee are subject to the provisions of the Freedom of | ||||||
2 | Information Act. | ||||||
3 | The Committee shall draft and submit to the General | ||||||
4 | Assembly a model implementation statute and a report outlining | ||||||
5 | all the issues raised by the implementation by no later than | ||||||
6 | December 31, 2008 or within 90 days after the effective date of | ||||||
7 | this Act, whichever is later. | ||||||
8 | The Office of the Lieutenant Governor shall provide staff | ||||||
9 | and administrative support to the Committee. | ||||||
10 | (Source: P.A. 95-736, eff. 7-16-08.)
| ||||||
11 | Section 155. The Counties Code is amended by changing | ||||||
12 | Section 3-5015 as follows:
| ||||||
13 | (55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015) | ||||||
14 | Sec. 3-5015. Certificates of discharge or release from | ||||||
15 | active duty. Certificates of discharge or MEMBER-4 copy of | ||||||
16 | certificate of release or discharge from active duty of | ||||||
17 | honorably discharged or separated members of the military, | ||||||
18 | aviation and naval forces of the United States shall be | ||||||
19 | recorded by each recorder, free of charge, in a separate book | ||||||
20 | or computer database which shall be kept for the purpose. The | ||||||
21 | recorder in counties of over 500,000 population shall as soon | ||||||
22 | as practicable after the recording of the original discharge | ||||||
23 | certificate or MEMBER-4 copy of certificate of release or | ||||||
24 | discharge from active duty, deliver to each of the persons |
| |||||||
| |||||||
1 | named in the discharge certificate or MEMBER-4 copy of | ||||||
2 | certificate of release or discharge from active duty, or the | ||||||
3 | person's agent, one certified copy of the person's discharge | ||||||
4 | certificate or MEMBER-4 copy of certificate of release or | ||||||
5 | discharge from active duty without charge. Additional | ||||||
6 | certified copies shall be furnished by the recorder upon the | ||||||
7 | payment to the recorder of a fee of $1.25, payable in advance, | ||||||
8 | for each such additional certified copy. The recorder may | ||||||
9 | waive the fee for reasonable requests for additional copies if | ||||||
10 | the recorder deems collecting the fee to be a burden to the | ||||||
11 | county, but only if the fee is waived for all reasonable | ||||||
12 | requests for additional copies under this Section. | ||||||
13 | Upon the delivery of the certificate of discharge or | ||||||
14 | MEMBER-4 copy of certificate of release or discharge from | ||||||
15 | active duty after the recordation thereof is completed, and | ||||||
16 | the delivery of one certified copy thereof to the person named | ||||||
17 | in the discharge certificate or MEMBER-4 copy of certificate | ||||||
18 | of release or discharge from active duty or the person's | ||||||
19 | agent, the receipt theretofore issued by the recorder, or a | ||||||
20 | copy thereof shall be surrendered to the recorder, with a | ||||||
21 | signed statement acknowledging the receipt of the discharge | ||||||
22 | certificate or MEMBER-4 copy of certificate of release or | ||||||
23 | discharge from active duty and the certified copy thereof. | ||||||
24 | Certified copies of the certificates of discharge or | ||||||
25 | MEMBER-4 copy of certificate of release or discharge from | ||||||
26 | active duty furnished by the recorder may vary from the size of |
| |||||||
| |||||||
1 | the original, if in the judgment of the recorder, such | ||||||
2 | certified copies are complete and legible. | ||||||
3 | A military discharge form (DD-214) or any other | ||||||
4 | certificate of discharge or release from active duty document | ||||||
5 | that was issued by the United States government or any state | ||||||
6 | government in reference to those who served with an active or | ||||||
7 | inactive military reserve unit or National Guard force and | ||||||
8 | that was recorded by a County Clerk or Recorder of Deeds is not | ||||||
9 | subject to public inspection, enjoying all the protection | ||||||
10 | covered by the federal Privacy Act of 1974 or any other privacy | ||||||
11 | law. These documents shall be accessible only to the person | ||||||
12 | named in the document, the named person's dependents, the | ||||||
13 | county veterans' service officer, representatives of the | ||||||
14 | Department of Veterans Veterans' Affairs, or any person with | ||||||
15 | written authorization from the named person or the named | ||||||
16 | person's dependents. Notwithstanding any other provision in | ||||||
17 | this paragraph, these documents shall be made available for | ||||||
18 | public inspection and copying in accordance with the archival | ||||||
19 | schedule adopted by the National Archives and Records | ||||||
20 | Administration and subject to redaction of information that is | ||||||
21 | considered private under the Illinois Freedom of Information | ||||||
22 | Act, the federal Freedom of Information Act, and the federal | ||||||
23 | Privacy Act. | ||||||
24 | (Source: P.A. 103-400, eff. 1-1-24 .)
| ||||||
25 | Section 160. The Counties Code is amended by changing |
| |||||||
| |||||||
1 | Section 5-12022 as follows:
| ||||||
2 | (55 ILCS 5/5-12022) | ||||||
3 | Sec. 5-12022. Building permit fee for veterans with a | ||||||
4 | disability. | ||||||
5 | (a) A veteran with a disability or the veteran's caregiver | ||||||
6 | shall not be charged any building permit fee for improvements | ||||||
7 | to the residence of the veteran with a disability if the | ||||||
8 | improvements are required to accommodate a disability of the | ||||||
9 | veteran. Nothing in this subsection changes the obligation of | ||||||
10 | any person to submit to the county applications, forms, or | ||||||
11 | other paperwork to obtain a building permit. A veteran or | ||||||
12 | caregiver must provide proof of veteran status and attest to | ||||||
13 | the fact that the improvements to the residence are required | ||||||
14 | to accommodate the veteran's disability. Proof of veteran | ||||||
15 | status is to be construed liberally, and veteran status shall | ||||||
16 | include service in the Armed Forces of the United States, | ||||||
17 | National Guard, or the reserves of the Armed Forces of the | ||||||
18 | United States. | ||||||
19 | (b) What constitutes proof of veteran status shall be | ||||||
20 | determined by the county. The Illinois Department of Veterans | ||||||
21 | Veterans' Affairs may not adjudicate any dispute arising under | ||||||
22 | subsection paragraph (a). | ||||||
23 | (c) A home rule county may not regulate building permit | ||||||
24 | fees in a manner inconsistent with this Section. This Section | ||||||
25 | is a limitation under subsection (i) of Section 6 of Article |
| |||||||
| |||||||
1 | VII of the Illinois Constitution on the concurrent exercise by | ||||||
2 | home rule units of powers and functions exercised by the | ||||||
3 | State. | ||||||
4 | (Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.)
| ||||||
5 | Section 165. The Township Code is amended by changing | ||||||
6 | Section 110-17 as follows:
| ||||||
7 | (60 ILCS 1/110-17) | ||||||
8 | Sec. 110-17. Building permit fee for veterans with a | ||||||
9 | disability. A veteran with a disability or the veteran's | ||||||
10 | caregiver shall not be charged any building permit fee for | ||||||
11 | improvements to the residence of the veteran with a disability | ||||||
12 | if the improvements are required to accommodate a disability | ||||||
13 | of the veteran. Nothing in this Section changes the obligation | ||||||
14 | of any person to submit to the township applications, forms, | ||||||
15 | or other paperwork to obtain a building permit. A veteran or | ||||||
16 | caregiver must provide proof of veteran status and attest to | ||||||
17 | the fact that the improvements to the residence are required | ||||||
18 | to accommodate the veteran's disability. Proof of veteran | ||||||
19 | status is to be construed liberally, and veteran status shall | ||||||
20 | include service in the Armed Forces of the United States, | ||||||
21 | National Guard, or the reserves of the Armed Forces of the | ||||||
22 | United States. What constitutes proof of veteran status shall | ||||||
23 | be determined by the township. The Illinois Department of | ||||||
24 | Veterans Veterans' Affairs may not adjudicate any dispute |
| |||||||
| |||||||
1 | arising under this paragraph. | ||||||
2 | (Source: P.A. 103-621, eff. 1-1-25 .)
| ||||||
3 | Section 170. The Illinois Municipal Code is amended by | ||||||
4 | changing Section 11-13-28 as follows:
| ||||||
5 | (65 ILCS 5/11-13-28) | ||||||
6 | Sec. 11-13-28. Building permit fee for veterans with a | ||||||
7 | disability. | ||||||
8 | (a) A veteran with a disability or the veteran's caregiver | ||||||
9 | shall not be charged any building permit fee for improvements | ||||||
10 | to the residence of the veteran with a disability if the | ||||||
11 | improvements are required to accommodate a disability of the | ||||||
12 | veteran. Nothing in this subsection changes the obligation of | ||||||
13 | any person to submit to the municipality applications, forms, | ||||||
14 | or other paperwork to obtain a building permit. A veteran or | ||||||
15 | caregiver must provide proof of veteran status and attest to | ||||||
16 | the fact that the improvements to the residence are required | ||||||
17 | to accommodate the veteran's disability. Proof of veteran | ||||||
18 | status is to be construed liberally, and veteran status shall | ||||||
19 | include service in the Armed Forces of the United States, | ||||||
20 | National Guard, or the reserves of the Armed Forces of the | ||||||
21 | United States. | ||||||
22 | (b) What constitutes proof of veteran status shall be | ||||||
23 | determined by the municipality. The Illinois Department of | ||||||
24 | Veterans Veterans' Affairs may not adjudicate any dispute |
| |||||||
| |||||||
1 | arising under subsection paragraph (a). | ||||||
2 | (c) A home rule municipality may not regulate building | ||||||
3 | permit fees in a manner inconsistent with this Section. This | ||||||
4 | Section is a limitation under subsection (i) of Section 6 of | ||||||
5 | Article VII of the Illinois Constitution on the concurrent | ||||||
6 | exercise by home rule units of powers and functions exercised | ||||||
7 | by the State. | ||||||
8 | (Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.)
| ||||||
9 | Section 175. The School Code is amended by changing | ||||||
10 | Section 30-14.2 as follows:
| ||||||
11 | (105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2) | ||||||
12 | Sec. 30-14.2. Deceased, Disabled, and MIA/POW Veterans' | ||||||
13 | Dependents scholarship. | ||||||
14 | (a) Any spouse, natural child, legally adopted child under | ||||||
15 | the age of 18 at the time of adoption, minor child younger than | ||||||
16 | 18 who is under a court-ordered guardianship for at least 2 | ||||||
17 | continuous years prior to application, or step-child under the | ||||||
18 | age of 18 at the time of marriage of an eligible veteran or | ||||||
19 | serviceperson who possesses all necessary entrance | ||||||
20 | requirements shall, upon application and proper proof, be | ||||||
21 | awarded a MIA/POW Scholarship consisting of the equivalent of | ||||||
22 | 4 calendar years of full-time enrollment including summer | ||||||
23 | terms, to the state supported Illinois institution of higher | ||||||
24 | learning of his choice, subject to the restrictions listed |
| |||||||
| |||||||
1 | below. | ||||||
2 | "Eligible veteran or serviceperson" means any veteran or | ||||||
3 | serviceperson, including an Illinois National Guard member who | ||||||
4 | is on active duty or is active on a training assignment, who | ||||||
5 | has been declared by the U.S. Department of Defense or the U.S. | ||||||
6 | Department of Veterans Affairs to be a prisoner of war or | ||||||
7 | missing in action, or has died as the result of a | ||||||
8 | service-connected disability or has become a person with a | ||||||
9 | permanent disability from service-connected causes with 100% | ||||||
10 | disability and who (i) at the time of entering service was an | ||||||
11 | Illinois resident, or (ii) was an Illinois resident within 6 | ||||||
12 | months after entering such service, or (iii) is a resident of | ||||||
13 | Illinois at the time of application for the Scholarship and, | ||||||
14 | at some point after entering such service, was a resident of | ||||||
15 | Illinois for at least 15 consecutive years. | ||||||
16 | Full-time enrollment means 12 or more semester hours of | ||||||
17 | courses per semester, or 12 or more quarter hours of courses | ||||||
18 | per quarter, or the equivalent thereof per term. Scholarships | ||||||
19 | utilized by dependents enrolled in less than full-time study | ||||||
20 | shall be computed in the proportion which the number of hours | ||||||
21 | so carried bears to full-time enrollment. | ||||||
22 | Scholarships awarded under this Section may be used by a | ||||||
23 | spouse or child without regard to his or her age. The holder of | ||||||
24 | a Scholarship awarded under this Section shall be subject to | ||||||
25 | all examinations and academic standards, including the | ||||||
26 | maintenance of minimum grade levels, that are applicable |
| |||||||
| |||||||
1 | generally to other enrolled students at the Illinois | ||||||
2 | institution of higher learning where the Scholarship is being | ||||||
3 | used. If the surviving spouse remarries or if there is a | ||||||
4 | divorce between the veteran or serviceperson and his or her | ||||||
5 | spouse while the dependent is pursuing his or her course of | ||||||
6 | study, Scholarship benefits will be terminated at the end of | ||||||
7 | the term for which he or she is presently enrolled. Such | ||||||
8 | dependents shall also be entitled, upon proper proof and | ||||||
9 | application, to enroll in any extension course offered by a | ||||||
10 | State supported Illinois institution of higher learning | ||||||
11 | without payment of tuition and approved fees. | ||||||
12 | The holder of a MIA/POW Scholarship authorized under this | ||||||
13 | Section shall not be required to pay any tuition or mandatory | ||||||
14 | fees while attending a State-controlled university or public | ||||||
15 | community college in this State for a period equivalent to 4 | ||||||
16 | years of enrollment, including summer terms. | ||||||
17 | Any dependent who has been or shall be awarded a MIA/POW | ||||||
18 | Scholarship shall be reimbursed by the appropriate institution | ||||||
19 | of higher learning for any fees which he or she has paid and | ||||||
20 | for which exemption is granted under this Section if | ||||||
21 | application for reimbursement is made within 2 months | ||||||
22 | following the end of the school term for which the fees were | ||||||
23 | paid. | ||||||
24 | (b) In lieu of the benefit provided in subsection (a), any | ||||||
25 | spouse, natural child, legally adopted child, or step-child of | ||||||
26 | an eligible veteran or serviceperson, which spouse or child |
| |||||||
| |||||||
1 | has a physical, mental or developmental disability, shall be | ||||||
2 | entitled to receive, upon application and proper proof, a | ||||||
3 | benefit to be used for the purpose of defraying the cost of the | ||||||
4 | attendance or treatment of such spouse or child at one or more | ||||||
5 | appropriate therapeutic, rehabilitative or educational | ||||||
6 | facilities. The application and proof may be made by the | ||||||
7 | parent or legal guardian of the spouse or child on his or her | ||||||
8 | behalf. | ||||||
9 | The total benefit provided to any beneficiary under this | ||||||
10 | subsection shall not exceed the cost equivalent of 4 calendar | ||||||
11 | years of full-time enrollment, including summer terms, at the | ||||||
12 | University of Illinois. Whenever practicable in the opinion of | ||||||
13 | the Department of Veterans Veterans' Affairs, payment of | ||||||
14 | benefits under this subsection shall be made directly to the | ||||||
15 | facility, the cost of attendance or treatment at which is | ||||||
16 | being defrayed, as such costs accrue. | ||||||
17 | (c) The benefits of this Section shall be administered by | ||||||
18 | and paid for out of funds made available to the Illinois | ||||||
19 | Department of Veterans Veterans' Affairs. The amounts that | ||||||
20 | become due to any state supported Illinois institution of | ||||||
21 | higher learning shall be payable by the Comptroller to such | ||||||
22 | institution on vouchers approved by the Illinois Department of | ||||||
23 | Veterans Veterans' Affairs. The amounts that become due under | ||||||
24 | subsection (b) of this Section shall be payable by warrant | ||||||
25 | upon vouchers issued by the Illinois Department of Veterans | ||||||
26 | Veterans' Affairs and approved by the Comptroller. The |
| |||||||
| |||||||
1 | Illinois Department of Veterans Veterans' Affairs shall | ||||||
2 | determine the eligibility of the persons who make application | ||||||
3 | for the benefits provided for in this Section. | ||||||
4 | (Source: P.A. 101-334, eff. 8-9-19; 102-855, eff. 5-13-22.)
| ||||||
5 | Section 180. The Higher Education Veterans Service Act is | ||||||
6 | amended by changing Section 15 as follows:
| ||||||
7 | (110 ILCS 49/15) | ||||||
8 | Sec. 15. Survey; coordinator; best practices report; best | ||||||
9 | efforts. | ||||||
10 | (a) All public colleges and universities shall, within 60 | ||||||
11 | days after the effective date of this Act, conduct a survey of | ||||||
12 | the services and programs that are provided for veterans, | ||||||
13 | active duty military personnel, and their families, at each of | ||||||
14 | their respective campuses. This survey shall enumerate and | ||||||
15 | fully describe the service or program that is available, the | ||||||
16 | number of veterans or active duty personnel using the service | ||||||
17 | or program, an estimated range for potential use within a | ||||||
18 | 5-year and 10-year period, information on the location of the | ||||||
19 | service or program, and how its administrators may be | ||||||
20 | contacted. The survey shall indicate the manner or manners in | ||||||
21 | which a student veteran may avail himself or herself of the | ||||||
22 | program's services. This survey must be made available to all | ||||||
23 | veterans matriculating at the college or university in the | ||||||
24 | form of an orientation-related guidebook. |
| |||||||
| |||||||
1 | Each public college and university shall make the survey | ||||||
2 | available on the homepage of all campus Internet links as soon | ||||||
3 | as practical after the completion of the survey. As soon as | ||||||
4 | possible after the completion of the survey, each public | ||||||
5 | college and university shall provide a copy of its survey to | ||||||
6 | the following: | ||||||
7 | (1) the Board of Higher Education; | ||||||
8 | (2) the Department of Veterans Veterans' Affairs; | ||||||
9 | (3) the President and Minority Leader of the Senate | ||||||
10 | and the Speaker and Minority Leader of the House of | ||||||
11 | Representatives; and | ||||||
12 | (4) the Governor. | ||||||
13 | (b) Each public college and university shall, at its | ||||||
14 | discretion, (i) appoint, within 6 months after August 7, 2009 | ||||||
15 | (the effective date of this Act), an existing employee or (ii) | ||||||
16 | hire a new employee to serve as a Coordinator of Veterans and | ||||||
17 | Military Personnel Student Services on each campus of the | ||||||
18 | college or university that has an onsite, daily, full-time | ||||||
19 | student headcount above 1,000 students. | ||||||
20 | The Coordinator of Veterans and Military Personnel Student | ||||||
21 | Services shall be an ombudsperson serving the specific needs | ||||||
22 | of student veterans and military personnel and their families | ||||||
23 | and shall serve as an advocate before the administration of | ||||||
24 | the college or university for the needs of student veterans. | ||||||
25 | The college or university shall enable the Coordinator of | ||||||
26 | Veterans and Military Personnel Student Services to |
| |||||||
| |||||||
1 | communicate directly with the senior executive administration | ||||||
2 | of the college or university periodically. The college or | ||||||
3 | university shall retain unfettered discretion to determine the | ||||||
4 | organizational management structure of its institution. | ||||||
5 | In addition to any responsibilities the college or | ||||||
6 | university may assign, the Coordinator of Veterans and | ||||||
7 | Military Personnel Student Services shall make its best | ||||||
8 | efforts to create a centralized source for student veterans | ||||||
9 | and military personnel to learn how to receive all benefit | ||||||
10 | programs and services for which they are eligible. | ||||||
11 | Each college and university campus that is required to | ||||||
12 | have a Coordinator of Veterans and Military Personnel Student | ||||||
13 | Services shall regularly and conspicuously advertise the | ||||||
14 | office location and phone number of and Internet access to the | ||||||
15 | Coordinator of Veterans and Military Personnel Student | ||||||
16 | Services, along with a brief summary of the manner in which he | ||||||
17 | or she can assist student veterans. The advertisement shall | ||||||
18 | include, but is not necessarily limited to, the following: | ||||||
19 | (1) advertisements on each campus' Internet home page; | ||||||
20 | (2) any promotional mailings for student application; | ||||||
21 | and | ||||||
22 | (3) the website and any social media accounts of the | ||||||
23 | public college or university. | ||||||
24 | The Coordinator of Veterans and Military Personnel Student | ||||||
25 | Services shall facilitate other campus offices with the | ||||||
26 | promotion of programs and services that are available. |
| |||||||
| |||||||
1 | (c) Upon receipt of all of the surveys under subsection | ||||||
2 | (a) of this Section, the Board of Higher Education and the | ||||||
3 | Department of Veterans Veterans' Affairs shall conduct a joint | ||||||
4 | review of the surveys. The Department of Veterans Veterans' | ||||||
5 | Affairs shall post, on any Internet home page it may operate, a | ||||||
6 | link to each survey as posted on the Internet website for the | ||||||
7 | college or university. The Board of Higher Education shall | ||||||
8 | post, on any Internet home page it may operate, a link to each | ||||||
9 | survey as posted on the Internet website for the college or | ||||||
10 | university or an annual report or document containing survey | ||||||
11 | information for each college or university. Upon receipt of | ||||||
12 | all of the surveys, the Office of the Governor, through its | ||||||
13 | military affairs advisors, shall similarly conduct a review of | ||||||
14 | the surveys. Following its review of the surveys, the Office | ||||||
15 | of the Governor shall submit an evaluation report to each | ||||||
16 | college and university offering suggestions and insight on the | ||||||
17 | conduct of student veteran-related policies and programs. | ||||||
18 | (d) The Board of Higher Education and the Department of | ||||||
19 | Veterans Veterans' Affairs may issue a best practices report | ||||||
20 | to highlight those programs and services that are most | ||||||
21 | beneficial to veterans and active duty military personnel. The | ||||||
22 | report shall contain a fiscal needs assessment in conjunction | ||||||
23 | with any program recommendations. | ||||||
24 | (e) Each college and university campus that is required to | ||||||
25 | have a Coordinator of Veterans and Military Personnel Student | ||||||
26 | Services under subsection (b) of this Section shall make its |
| |||||||
| |||||||
1 | best efforts to create academic and social programs and | ||||||
2 | services for veterans and active duty military personnel that | ||||||
3 | will provide reasonable opportunities for academic performance | ||||||
4 | and success. | ||||||
5 | Each public college and university shall make its best | ||||||
6 | efforts to determine how its online educational curricula can | ||||||
7 | be expanded or altered to serve the needs of student veterans | ||||||
8 | and currently deployed military, including a determination of | ||||||
9 | whether and to what extent the public colleges and | ||||||
10 | universities can share existing technologies to improve the | ||||||
11 | online curricula of peer institutions, provided such efforts | ||||||
12 | are both practically and economically feasible. | ||||||
13 | (Source: P.A. 102-278, eff. 8-6-21; 102-295, eff. 8-6-21; | ||||||
14 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
15 | Section 185. The State Universities Civil Service Act is | ||||||
16 | amended by changing Section 36g as follows:
| ||||||
17 | (110 ILCS 70/36g) (from Ch. 24 1/2, par. 38b6) | ||||||
18 | Sec. 36g. Appropriate preference in entrance examinations | ||||||
19 | to qualified persons who have been members of the armed forces | ||||||
20 | of the United States or to qualified persons who, while | ||||||
21 | citizens of the United States, were members of the armed | ||||||
22 | forces of allies of the United States in time of hostilities | ||||||
23 | with a foreign country, and to certain other persons as set | ||||||
24 | forth in this Section. |
| |||||||
| |||||||
1 | (a) As used in this Section: | ||||||
2 | (1) "Time of hostilities with a foreign country" means | ||||||
3 | any period of time in the past, present, or future during | ||||||
4 | which a declaration of war by the United States Congress | ||||||
5 | has been or is in effect or during which an emergency | ||||||
6 | condition has been or is in effect that is recognized by | ||||||
7 | the issuance of a Presidential proclamation or a | ||||||
8 | Presidential executive order and in which the armed forces | ||||||
9 | expeditionary medal or other campaign service medals are | ||||||
10 | awarded according to Presidential executive order. | ||||||
11 | (2) "Armed forces of the United States" means the | ||||||
12 | United States Army, Navy, Air Force, Space Force, Marine | ||||||
13 | Corps, Coast Guard. Service in the Merchant Marine that | ||||||
14 | constitutes active duty under Section 401 of federal | ||||||
15 | Public Law 95-202 shall also be considered service in the | ||||||
16 | Armed Forces of the United States for purposes of this | ||||||
17 | Section. | ||||||
18 | (b) The preference granted under this Section shall be in | ||||||
19 | the form of points added to the final grades of the persons if | ||||||
20 | they otherwise qualify and are entitled to appear on the list | ||||||
21 | of those eligible for appointments. | ||||||
22 | (c) A veteran is qualified for a preference of 10 points if | ||||||
23 | the veteran currently holds proof of a service connected | ||||||
24 | disability from the United States Department of Veterans | ||||||
25 | Affairs or an allied country or if the veteran is a recipient | ||||||
26 | of the Purple Heart. |
| |||||||
| |||||||
1 | (d) A veteran who has served during a time of hostilities | ||||||
2 | with a foreign country is qualified for a preference of 5 | ||||||
3 | points if the veteran served under one or more of the following | ||||||
4 | conditions: | ||||||
5 | (1) The veteran served a total of at least 6 months, or | ||||||
6 | (2) The veteran served for the duration of hostilities | ||||||
7 | regardless of the length of engagement, or | ||||||
8 | (3) The veteran was discharged on the basis of | ||||||
9 | hardship, or | ||||||
10 | (4) The veteran was released from active duty because | ||||||
11 | of a service connected disability and was discharged under | ||||||
12 | honorable conditions. | ||||||
13 | (e) A person not eligible for a preference under | ||||||
14 | subsection (c) or (d) is qualified for a preference of 3 points | ||||||
15 | if the person has served in the armed forces of the United | ||||||
16 | States, the Illinois National Guard, or any reserve component | ||||||
17 | of the armed forces of the United States and the person: (1) | ||||||
18 | served for at least 6 months and has been discharged under | ||||||
19 | honorable conditions or (2) has been discharged on the ground | ||||||
20 | of hardship or (3) was released from active duty because of a | ||||||
21 | service connected disability. An active member of the National | ||||||
22 | Guard or a reserve component of the armed forces of the United | ||||||
23 | States is eligible for the preference if the member meets the | ||||||
24 | service requirements of this subsection (e). | ||||||
25 | (f) The rank order of persons entitled to a preference on | ||||||
26 | eligible lists shall be determined on the basis of their |
| |||||||
| |||||||
1 | augmented ratings. When the Executive Director establishes | ||||||
2 | eligible lists on the basis of category ratings such as | ||||||
3 | "superior", "excellent", "well-qualified", and "qualified", | ||||||
4 | the veteran eligibles in each such category shall be preferred | ||||||
5 | for appointment before the non-veteran eligibles in the same | ||||||
6 | category. | ||||||
7 | (g) Employees in positions covered by this Act who, while | ||||||
8 | in good standing, leave to engage in military service during a | ||||||
9 | period of hostility shall be given credit for seniority | ||||||
10 | purposes for time served in the armed forces. | ||||||
11 | (h) A surviving unremarried spouse of a veteran who | ||||||
12 | suffered a service connected death or the spouse of a veteran | ||||||
13 | who suffered a service connected disability that prevents the | ||||||
14 | veteran from qualifying for civil service employment shall be | ||||||
15 | entitled to the same preference to which the veteran would | ||||||
16 | have been entitled under this Section. | ||||||
17 | (i) A preference shall also be given to the following | ||||||
18 | individuals: 10 points for one parent of an unmarried veteran | ||||||
19 | who suffered a service connected death or a service connected | ||||||
20 | disability that prevents the veteran from qualifying for civil | ||||||
21 | service employment. The first parent to receive a civil | ||||||
22 | service appointment shall be the parent entitled to the | ||||||
23 | preference. | ||||||
24 | (Source: P.A. 103-746, eff. 1-1-25 .)
| ||||||
25 | Section 190. The University of Illinois Act is amended by |
| |||||||
| |||||||
1 | changing Section 8 as follows:
| ||||||
2 | (110 ILCS 305/8) (from Ch. 144, par. 29) | ||||||
3 | Sec. 8. Admissions. | ||||||
4 | (a) (Blank). | ||||||
5 | (b) No new student shall be admitted to instruction in any | ||||||
6 | of the departments or colleges of the University unless such | ||||||
7 | student also has satisfactorily completed: | ||||||
8 | (1) at least 15 units of high school coursework from | ||||||
9 | the following 5 categories: | ||||||
10 | (A) 4 years of English (emphasizing written and | ||||||
11 | oral communications and literature), of which up to 2 | ||||||
12 | years may be collegiate level instruction; | ||||||
13 | (B) 3 years of social studies (emphasizing history | ||||||
14 | and government); | ||||||
15 | (C) 3 years of mathematics (introductory through | ||||||
16 | advanced algebra, geometry, trigonometry, or | ||||||
17 | fundamentals of computer programming); | ||||||
18 | (D) 3 years of science (laboratory sciences or | ||||||
19 | agricultural sciences); and | ||||||
20 | (E) 2 years of electives in foreign language | ||||||
21 | (which may be deemed to include American Sign | ||||||
22 | Language), music, career and technical education, | ||||||
23 | agricultural education, or art; | ||||||
24 | (2) except that institutions may admit individual | ||||||
25 | applicants if the institution determines through |
| |||||||
| |||||||
1 | assessment or through evaluation based on learning | ||||||
2 | outcomes of the coursework taken, including career and | ||||||
3 | technical education courses and courses taken in a charter | ||||||
4 | school established under Article 27A of the School Code, | ||||||
5 | that the applicant demonstrates knowledge and skills | ||||||
6 | substantially equivalent to the knowledge and skills | ||||||
7 | expected to be acquired in the high school courses | ||||||
8 | required for admission. The Board of Trustees of the | ||||||
9 | University of Illinois shall not discriminate in the | ||||||
10 | University's admissions process against an applicant for | ||||||
11 | admission because of the applicant's enrollment in a | ||||||
12 | charter school established under Article 27A of the School | ||||||
13 | Code. Institutions may also admit 1) applicants who did | ||||||
14 | not have an opportunity to complete the minimum college | ||||||
15 | preparatory curriculum in high school, and 2) | ||||||
16 | educationally disadvantaged applicants who are admitted to | ||||||
17 | the formal organized special assistance programs that are | ||||||
18 | tailored to the needs of such students, providing that in | ||||||
19 | either case, the institution incorporates in the | ||||||
20 | applicant's baccalaureate curriculum courses or other | ||||||
21 | academic activities that compensate for course | ||||||
22 | deficiencies; and | ||||||
23 | (3) except that up to 3 of the 15 units of coursework | ||||||
24 | required by paragraph (1) of this subsection may be | ||||||
25 | distributed by deducting no more than one unit each from | ||||||
26 | the categories of social studies, mathematics, sciences |
| |||||||
| |||||||
1 | and electives and completing those 3 units in any of the 5 | ||||||
2 | categories of coursework described in paragraph (1). | ||||||
3 | (c) When allocating funds, local boards of education shall | ||||||
4 | recognize their obligation to their students to offer the | ||||||
5 | coursework required by subsection (b). | ||||||
6 | (d) A student who has graduated from high school and has | ||||||
7 | scored within the University's accepted range on the ACT or | ||||||
8 | SAT shall not be required to take a high school equivalency | ||||||
9 | test as a prerequisite to admission. | ||||||
10 | (e) The Board of Trustees shall establish an admissions | ||||||
11 | process in which honorably discharged veterans are permitted | ||||||
12 | to submit an application for admission to the University as a | ||||||
13 | freshman student enrolling in the spring semester if the | ||||||
14 | veteran was on active duty during the fall semester. The | ||||||
15 | University may request that the Department of Veterans | ||||||
16 | Veterans' Affairs confirm the status of an applicant as an | ||||||
17 | honorably discharged veteran who was on active duty during the | ||||||
18 | fall semester. | ||||||
19 | (f) Beginning with the 2025-2026 academic year, the | ||||||
20 | University shall provide all Illinois students transferring | ||||||
21 | from a public community college in this State with the | ||||||
22 | University's undergraduate transfer admissions application fee | ||||||
23 | waiver policy and, if such a policy exists, any application or | ||||||
24 | forms necessary to apply for a fee waiver as part of the | ||||||
25 | University's transfer admissions process. The University is | ||||||
26 | encouraged to develop a policy to automatically waive the |
| |||||||
| |||||||
1 | undergraduate transfer admissions application fee for | ||||||
2 | low-income Illinois students transferring from a public | ||||||
3 | community college in this State. The University shall post | ||||||
4 | this policy in an easily accessible place on the University's | ||||||
5 | Internet website. | ||||||
6 | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; | ||||||
7 | 103-936, eff. 8-9-24.)
| ||||||
8 | Section 195. The Southern Illinois University Management | ||||||
9 | Act is amended by changing Section 8e as follows:
| ||||||
10 | (110 ILCS 520/8e) (from Ch. 144, par. 658e) | ||||||
11 | Sec. 8e. Admissions. | ||||||
12 | (a) No new student shall be admitted to instruction in any | ||||||
13 | of the departments or colleges of the University unless such | ||||||
14 | student also has satisfactorily completed: | ||||||
15 | (1) at least 15 units of high school coursework from | ||||||
16 | the following 5 categories: | ||||||
17 | (A) 4 years of English (emphasizing written and | ||||||
18 | oral communications and literature), of which up to 2 | ||||||
19 | years may be collegiate level instruction; | ||||||
20 | (B) 3 years of social studies (emphasizing history | ||||||
21 | and government); | ||||||
22 | (C) 3 years of mathematics (introductory through | ||||||
23 | advanced algebra, geometry, trigonometry, or | ||||||
24 | fundamentals of computer programming); |
| |||||||
| |||||||
1 | (D) 3 years of science (laboratory sciences or | ||||||
2 | agricultural sciences); and | ||||||
3 | (E) 2 years of electives in foreign language | ||||||
4 | (which may be deemed to include American Sign | ||||||
5 | Language), music, career and technical education, | ||||||
6 | agricultural education, or art; | ||||||
7 | (2) except that institutions may admit individual | ||||||
8 | applicants if the institution determines through | ||||||
9 | assessment or through evaluation based on learning | ||||||
10 | outcomes of the coursework taken, including career and | ||||||
11 | technical education courses and courses taken in a charter | ||||||
12 | school established under Article 27A of the School Code, | ||||||
13 | that the applicant demonstrates knowledge and skills | ||||||
14 | substantially equivalent to the knowledge and skills | ||||||
15 | expected to be acquired in the high school courses | ||||||
16 | required for admission. The Board of Trustees of Southern | ||||||
17 | Illinois University shall not discriminate in the | ||||||
18 | University's admissions process against an applicant for | ||||||
19 | admission because of the applicant's enrollment in a | ||||||
20 | charter school established under Article 27A of the School | ||||||
21 | Code. Institutions may also admit 1) applicants who did | ||||||
22 | not have an opportunity to complete the minimum college | ||||||
23 | preparatory curriculum in high school, and 2) | ||||||
24 | educationally disadvantaged applicants who are admitted to | ||||||
25 | the formal organized special assistance programs that are | ||||||
26 | tailored to the needs of such students, providing that in |
| |||||||
| |||||||
1 | either case, the institution incorporates in the | ||||||
2 | applicant's baccalaureate curriculum courses or other | ||||||
3 | academic activities that compensate for course | ||||||
4 | deficiencies; and | ||||||
5 | (3) except that up to 3 of 15 units of coursework | ||||||
6 | required by paragraph (1) of this subsection may be | ||||||
7 | distributed by deducting no more than one unit each from | ||||||
8 | the categories of social studies, mathematics, sciences | ||||||
9 | and electives and completing those 3 units in any of the 5 | ||||||
10 | categories of coursework described in paragraph (1). | ||||||
11 | (b) When allocating funds, local boards of education shall | ||||||
12 | recognize their obligation to their students to offer the | ||||||
13 | coursework required by subsection (a). | ||||||
14 | (c) A student who has graduated from high school and has | ||||||
15 | scored within the University's accepted range on the ACT or | ||||||
16 | SAT shall not be required to take a high school equivalency | ||||||
17 | test as a prerequisite to admission. | ||||||
18 | (d) The Board shall establish an admissions process in | ||||||
19 | which honorably discharged veterans are permitted to submit an | ||||||
20 | application for admission to the University as a freshman | ||||||
21 | student enrolling in the spring semester if the veteran was on | ||||||
22 | active duty during the fall semester. The University may | ||||||
23 | request that the Department of Veterans Veterans' Affairs | ||||||
24 | confirm the status of an applicant as an honorably discharged | ||||||
25 | veteran who was on active duty during the fall semester. | ||||||
26 | (e) Beginning with the 2025-2026 academic year, the |
| |||||||
| |||||||
1 | University shall provide all Illinois students transferring | ||||||
2 | from a public community college in this State with the | ||||||
3 | University's undergraduate transfer admissions application fee | ||||||
4 | waiver policy and, if such a policy exists, any application or | ||||||
5 | forms necessary to apply for a fee waiver as part of the | ||||||
6 | University's transfer admissions process. The University is | ||||||
7 | encouraged to develop a policy to automatically waive the | ||||||
8 | undergraduate transfer admissions application fee for | ||||||
9 | low-income Illinois students transferring from a public | ||||||
10 | community college in this State. The University shall post | ||||||
11 | this policy in an easily accessible place on the University's | ||||||
12 | Internet website. | ||||||
13 | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; | ||||||
14 | 103-936, eff. 8-9-24.)
| ||||||
15 | Section 200. The Chicago State University Law is amended | ||||||
16 | by changing Section 5-85 as follows:
| ||||||
17 | (110 ILCS 660/5-85) | ||||||
18 | Sec. 5-85. Admissions. | ||||||
19 | (a) No new student shall be admitted to instruction in any | ||||||
20 | of the departments or colleges of the Chicago State University | ||||||
21 | unless such student also has satisfactorily completed: | ||||||
22 | (1) at least 15 units of high school coursework from | ||||||
23 | the following 5 categories: | ||||||
24 | (A) 4 years of English (emphasizing written and |
| |||||||
| |||||||
1 | oral communications and literature), of which up to 2 | ||||||
2 | years may be collegiate level instruction; | ||||||
3 | (B) 3 years of social studies (emphasizing history | ||||||
4 | and government); | ||||||
5 | (C) 3 years of mathematics (introductory through | ||||||
6 | advanced algebra, geometry, trigonometry, or | ||||||
7 | fundamentals of computer programming); | ||||||
8 | (D) 3 years of science (laboratory sciences or | ||||||
9 | agricultural sciences); and | ||||||
10 | (E) 2 years of electives in foreign language | ||||||
11 | (which may be deemed to include American Sign | ||||||
12 | Language), music, career and technical education, | ||||||
13 | agricultural education, or art; | ||||||
14 | (2) except that Chicago State University may admit | ||||||
15 | individual applicants if it determines through assessment | ||||||
16 | or through evaluation based on learning outcomes of the | ||||||
17 | coursework taken, including career and technical education | ||||||
18 | courses and courses taken in a charter school established | ||||||
19 | under Article 27A of the School Code, that the applicant | ||||||
20 | demonstrates knowledge and skills substantially equivalent | ||||||
21 | to the knowledge and skills expected to be acquired in the | ||||||
22 | high school courses required for admission. The Board of | ||||||
23 | Trustees of Chicago State University shall not | ||||||
24 | discriminate in the University's admissions process | ||||||
25 | against an applicant for admission because of the | ||||||
26 | applicant's enrollment in a charter school established |
| |||||||
| |||||||
1 | under Article 27A of the School Code. Chicago State | ||||||
2 | University may also admit (i) applicants who did not have | ||||||
3 | an opportunity to complete the minimum college preparatory | ||||||
4 | curriculum in high school, and (ii) educationally | ||||||
5 | disadvantaged applicants who are admitted to the formal | ||||||
6 | organized special assistance programs that are tailored to | ||||||
7 | the needs of such students, providing that in either case, | ||||||
8 | the institution incorporates in the applicant's | ||||||
9 | baccalaureate curriculum courses or other academic | ||||||
10 | activities that compensate for course deficiencies; and | ||||||
11 | (3) except that up to 3 of 15 units of coursework | ||||||
12 | required by paragraph (1) of this subsection may be | ||||||
13 | distributed by deducting no more than one unit each from | ||||||
14 | the categories of social studies, mathematics, sciences | ||||||
15 | and electives and completing those 3 units in any of the 5 | ||||||
16 | categories of coursework described in paragraph (1). | ||||||
17 | (b) When allocating funds, local boards of education shall | ||||||
18 | recognize their obligation to their students to offer the | ||||||
19 | coursework required by subsection (a). | ||||||
20 | (c) A student who has graduated from high school and has | ||||||
21 | scored within the University's accepted range on the ACT or | ||||||
22 | SAT shall not be required to take a high school equivalency | ||||||
23 | test as a prerequisite to admission. | ||||||
24 | (d) The Board shall establish an admissions process in | ||||||
25 | which honorably discharged veterans are permitted to submit an | ||||||
26 | application for admission to the University as a freshman |
| |||||||
| |||||||
1 | student enrolling in the spring semester if the veteran was on | ||||||
2 | active duty during the fall semester. The University may | ||||||
3 | request that the Department of Veterans Veterans' Affairs | ||||||
4 | confirm the status of an applicant as an honorably discharged | ||||||
5 | veteran who was on active duty during the fall semester. | ||||||
6 | (e) Beginning with the 2025-2026 academic year, the | ||||||
7 | University shall provide all Illinois students transferring | ||||||
8 | from a public community college in this State with the | ||||||
9 | University's undergraduate transfer admissions application fee | ||||||
10 | waiver policy and, if such a policy exists, any application or | ||||||
11 | forms necessary to apply for a fee waiver as part of the | ||||||
12 | University's transfer admissions process. The University is | ||||||
13 | encouraged to develop a policy to automatically waive the | ||||||
14 | undergraduate transfer admissions application fee for | ||||||
15 | low-income Illinois students transferring from a public | ||||||
16 | community college in this State. The University shall post | ||||||
17 | this policy in an easily accessible place on the University's | ||||||
18 | Internet website. | ||||||
19 | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; | ||||||
20 | 103-936, eff. 8-9-24.)
| ||||||
21 | Section 205. The Eastern Illinois University Law is | ||||||
22 | amended by changing Section 10-85 as follows:
| ||||||
23 | (110 ILCS 665/10-85) | ||||||
24 | Sec. 10-85. Admissions. |
| |||||||
| |||||||
1 | (a) No new student shall be admitted to instruction in any | ||||||
2 | of the departments or colleges of the Eastern Illinois | ||||||
3 | University unless such student also has satisfactorily | ||||||
4 | completed: | ||||||
5 | (1) at least 15 units of high school coursework from | ||||||
6 | the following 5 categories: | ||||||
7 | (A) 4 years of English (emphasizing written and | ||||||
8 | oral communications and literature), of which up to 2 | ||||||
9 | years may be collegiate level instruction; | ||||||
10 | (B) 3 years of social studies (emphasizing history | ||||||
11 | and government); | ||||||
12 | (C) 3 years of mathematics (introductory through | ||||||
13 | advanced algebra, geometry, trigonometry, or | ||||||
14 | fundamentals of computer programming); | ||||||
15 | (D) 3 years of science (laboratory sciences or | ||||||
16 | agricultural sciences); and | ||||||
17 | (E) 2 years of electives in foreign language | ||||||
18 | (which may be deemed to include American Sign | ||||||
19 | Language), music, career and technical education, | ||||||
20 | agricultural education, or art; | ||||||
21 | (2) except that Eastern Illinois University may admit | ||||||
22 | individual applicants if it determines through assessment | ||||||
23 | or through evaluation based on learning outcomes of the | ||||||
24 | coursework taken, including career and technical education | ||||||
25 | courses and courses taken in a charter school established | ||||||
26 | under Article 27A of the School Code, that the applicant |
| |||||||
| |||||||
1 | demonstrates knowledge and skills substantially equivalent | ||||||
2 | to the knowledge and skills expected to be acquired in the | ||||||
3 | high school courses required for admission. The Board of | ||||||
4 | Trustees of Eastern Illinois University shall not | ||||||
5 | discriminate in the University's admissions process | ||||||
6 | against an applicant for admission because of the | ||||||
7 | applicant's enrollment in a charter school established | ||||||
8 | under Article 27A of the School Code. Eastern Illinois | ||||||
9 | University may also admit (i) applicants who did not have | ||||||
10 | an opportunity to complete the minimum college preparatory | ||||||
11 | curriculum in high school, and (ii) educationally | ||||||
12 | disadvantaged applicants who are admitted to the formal | ||||||
13 | organized special assistance programs that are tailored to | ||||||
14 | the needs of such students, providing that in either case, | ||||||
15 | the institution incorporates in the applicant's | ||||||
16 | baccalaureate curriculum courses or other academic | ||||||
17 | activities that compensate for course deficiencies; and | ||||||
18 | (3) except that up to 3 of 15 units of coursework | ||||||
19 | required by paragraph (1) of this subsection may be | ||||||
20 | distributed by deducting no more than one unit each from | ||||||
21 | the categories of social studies, mathematics, sciences | ||||||
22 | and electives and completing those 3 units in any of the 5 | ||||||
23 | categories of coursework described in paragraph (1). | ||||||
24 | (b) When allocating funds, local boards of education shall | ||||||
25 | recognize their obligation to their students to offer the | ||||||
26 | coursework required by subsection (a). |
| |||||||
| |||||||
1 | (c) A student who has graduated from high school and has | ||||||
2 | scored within the University's accepted range on the ACT or | ||||||
3 | SAT shall not be required to take a high school equivalency | ||||||
4 | test as a prerequisite to admission. | ||||||
5 | (d) The Board shall establish an admissions process in | ||||||
6 | which honorably discharged veterans are permitted to submit an | ||||||
7 | application for admission to the University as a freshman | ||||||
8 | student enrolling in the spring semester if the veteran was on | ||||||
9 | active duty during the fall semester. The University may | ||||||
10 | request that the Department of Veterans Veterans' Affairs | ||||||
11 | confirm the status of an applicant as an honorably discharged | ||||||
12 | veteran who was on active duty during the fall semester. | ||||||
13 | (e) Beginning with the 2025-2026 academic year, the | ||||||
14 | University shall provide all Illinois students transferring | ||||||
15 | from a public community college in this State with the | ||||||
16 | University's undergraduate transfer admissions application fee | ||||||
17 | waiver policy and, if such a policy exists, any application or | ||||||
18 | forms necessary to apply for a fee waiver as part of the | ||||||
19 | University's transfer admissions process. The University is | ||||||
20 | encouraged to develop a policy to automatically waive the | ||||||
21 | undergraduate transfer admissions application fee for | ||||||
22 | low-income Illinois students transferring from a public | ||||||
23 | community college in this State. The University shall post | ||||||
24 | this policy in an easily accessible place on the University's | ||||||
25 | Internet website. | ||||||
26 | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
| |||||||
| |||||||
1 | 103-936, eff. 8-9-24.)
| ||||||
2 | Section 210. The Governors State University Law is amended | ||||||
3 | by changing Section 15-85 as follows:
| ||||||
4 | (110 ILCS 670/15-85) | ||||||
5 | Sec. 15-85. Admissions. | ||||||
6 | (a) No new student shall be admitted to instruction in any | ||||||
7 | of the departments or colleges of the Governors State | ||||||
8 | University unless such student also has satisfactorily | ||||||
9 | completed: | ||||||
10 | (1) at least 15 units of high school coursework from | ||||||
11 | the following 5 categories: | ||||||
12 | (A) 4 years of English (emphasizing written and | ||||||
13 | oral communications and literature), of which up to 2 | ||||||
14 | years may be collegiate level instruction; | ||||||
15 | (B) 3 years of social studies (emphasizing history | ||||||
16 | and government); | ||||||
17 | (C) 3 years of mathematics (introductory through | ||||||
18 | advanced algebra, geometry, trigonometry, or | ||||||
19 | fundamentals of computer programming); | ||||||
20 | (D) 3 years of science (laboratory sciences or | ||||||
21 | agricultural sciences); and | ||||||
22 | (E) 2 years of electives in foreign language | ||||||
23 | (which may be deemed to include American Sign | ||||||
24 | Language), music, career and technical education, |
| |||||||
| |||||||
1 | agricultural education, or art; | ||||||
2 | (2) except that Governors State University may admit | ||||||
3 | individual applicants if it determines through assessment | ||||||
4 | or through evaluation based on learning outcomes of the | ||||||
5 | coursework taken, including career and technical education | ||||||
6 | courses and courses taken in a charter school established | ||||||
7 | under Article 27A of the School Code, that the applicant | ||||||
8 | demonstrates knowledge and skills substantially equivalent | ||||||
9 | to the knowledge and skills expected to be acquired in the | ||||||
10 | high school courses required for admission. The Board of | ||||||
11 | Trustees of Governors State University shall not | ||||||
12 | discriminate in the University's admissions process | ||||||
13 | against an applicant for admission because of the | ||||||
14 | applicant's enrollment in a charter school established | ||||||
15 | under Article 27A of the School Code. Governors State | ||||||
16 | University may also admit (i) applicants who did not have | ||||||
17 | an opportunity to complete the minimum college preparatory | ||||||
18 | curriculum in high school, and (ii) educationally | ||||||
19 | disadvantaged applicants who are admitted to the formal | ||||||
20 | organized special assistance programs that are tailored to | ||||||
21 | the needs of such students, providing that in either case, | ||||||
22 | the institution incorporates in the applicant's | ||||||
23 | baccalaureate curriculum courses or other academic | ||||||
24 | activities that compensate for course deficiencies; and | ||||||
25 | (3) except that up to 3 of 15 units of coursework | ||||||
26 | required by paragraph (1) of this subsection may be |
| |||||||
| |||||||
1 | distributed by deducting no more than one unit each from | ||||||
2 | the categories of social studies, mathematics, sciences | ||||||
3 | and electives and completing those 3 units in any of the 5 | ||||||
4 | categories of coursework described in paragraph (1). | ||||||
5 | (b) When allocating funds, local boards of education shall | ||||||
6 | recognize their obligation to their students to offer the | ||||||
7 | coursework required by subsection (a). | ||||||
8 | (c) A student who has graduated from high school and has | ||||||
9 | scored within the University's accepted range on the ACT or | ||||||
10 | SAT shall not be required to take a high school equivalency | ||||||
11 | test as a prerequisite to admission. | ||||||
12 | (d) The Board shall establish an admissions process in | ||||||
13 | which honorably discharged veterans are permitted to submit an | ||||||
14 | application for admission to the University as a freshman | ||||||
15 | student enrolling in the spring semester if the veteran was on | ||||||
16 | active duty during the fall semester. The University may | ||||||
17 | request that the Department of Veterans Veterans' Affairs | ||||||
18 | confirm the status of an applicant as an honorably discharged | ||||||
19 | veteran who was on active duty during the fall semester. | ||||||
20 | (e) Beginning with the 2025-2026 academic year, the | ||||||
21 | University shall provide all Illinois students transferring | ||||||
22 | from a public community college in this State with the | ||||||
23 | University's undergraduate transfer admissions application fee | ||||||
24 | waiver policy and, if such a policy exists, any application or | ||||||
25 | forms necessary to apply for a fee waiver as part of the | ||||||
26 | University's transfer admissions process. The University is |
| |||||||
| |||||||
1 | encouraged to develop a policy to automatically waive the | ||||||
2 | undergraduate transfer admissions application fee for | ||||||
3 | low-income Illinois students transferring from a public | ||||||
4 | community college in this State. The University shall post | ||||||
5 | this policy in an easily accessible place on the University's | ||||||
6 | Internet website. | ||||||
7 | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; | ||||||
8 | 103-936, eff. 8-9-24.)
| ||||||
9 | Section 215. The Illinois State University Law is amended | ||||||
10 | by changing Section 20-85 as follows:
| ||||||
11 | (110 ILCS 675/20-85) | ||||||
12 | Sec. 20-85. Admissions. | ||||||
13 | (a) No new student shall be admitted to instruction in any | ||||||
14 | of the departments or colleges of the Illinois State | ||||||
15 | University unless such student also has satisfactorily | ||||||
16 | completed: | ||||||
17 | (1) at least 15 units of high school coursework from | ||||||
18 | the following 5 categories: | ||||||
19 | (A) 4 years of English (emphasizing written and | ||||||
20 | oral communications and literature), of which up to 2 | ||||||
21 | years may be collegiate level instruction; | ||||||
22 | (B) 3 years of social studies (emphasizing history | ||||||
23 | and government); | ||||||
24 | (C) 3 years of mathematics (introductory through |
| |||||||
| |||||||
1 | advanced algebra, geometry, trigonometry, or | ||||||
2 | fundamentals of computer programming); | ||||||
3 | (D) 3 years of science (laboratory sciences or | ||||||
4 | agricultural sciences); and | ||||||
5 | (E) 2 years of electives in foreign language | ||||||
6 | (which may be deemed to include American Sign | ||||||
7 | Language), music, career and technical education, | ||||||
8 | agricultural education, or art; | ||||||
9 | (2) except that Illinois State University may admit | ||||||
10 | individual applicants if it determines through assessment | ||||||
11 | or through evaluation based on learning outcomes of the | ||||||
12 | coursework taken, including career and technical education | ||||||
13 | courses and courses taken in a charter school established | ||||||
14 | under Article 27A of the School Code, that the applicant | ||||||
15 | demonstrates knowledge and skills substantially equivalent | ||||||
16 | to the knowledge and skills expected to be acquired in the | ||||||
17 | high school courses required for admission. The Board of | ||||||
18 | Trustees of Illinois State University shall not | ||||||
19 | discriminate in the University's admissions process | ||||||
20 | against an applicant for admission because of the | ||||||
21 | applicant's enrollment in a charter school established | ||||||
22 | under Article 27A of the School Code. Illinois State | ||||||
23 | University may also admit (i) applicants who did not have | ||||||
24 | an opportunity to complete the minimum college preparatory | ||||||
25 | curriculum in high school, and (ii) educationally | ||||||
26 | disadvantaged applicants who are admitted to the formal |
| |||||||
| |||||||
1 | organized special assistance programs that are tailored to | ||||||
2 | the needs of such students, providing that in either case, | ||||||
3 | the institution incorporates in the applicant's | ||||||
4 | baccalaureate curriculum courses or other academic | ||||||
5 | activities that compensate for course deficiencies; and | ||||||
6 | (3) except that up to 3 of 15 units of coursework | ||||||
7 | required by paragraph (1) of this subsection may be | ||||||
8 | distributed by deducting no more than one unit each from | ||||||
9 | the categories of social studies, mathematics, sciences | ||||||
10 | and electives and completing those 3 units in any of the 5 | ||||||
11 | categories of coursework described in paragraph (1). | ||||||
12 | (b) When allocating funds, local boards of education shall | ||||||
13 | recognize their obligation to their students to offer the | ||||||
14 | coursework required by subsection (a). | ||||||
15 | (c) A student who has graduated from high school and has | ||||||
16 | scored within the University's accepted range on the ACT or | ||||||
17 | SAT shall not be required to take a high school equivalency | ||||||
18 | test as a prerequisite to admission. | ||||||
19 | (d) The Board shall establish an admissions process in | ||||||
20 | which honorably discharged veterans are permitted to submit an | ||||||
21 | application for admission to the University as a freshman | ||||||
22 | student enrolling in the spring semester if the veteran was on | ||||||
23 | active duty during the fall semester. The University may | ||||||
24 | request that the Department of Veterans Veterans' Affairs | ||||||
25 | confirm the status of an applicant as an honorably discharged | ||||||
26 | veteran who was on active duty during the fall semester. |
| |||||||
| |||||||
1 | (e) Beginning with the 2025-2026 academic year, the | ||||||
2 | University shall provide all Illinois students transferring | ||||||
3 | from a public community college in this State with the | ||||||
4 | University's undergraduate transfer admissions application fee | ||||||
5 | waiver policy and, if such a policy exists, any application or | ||||||
6 | forms necessary to apply for a fee waiver as part of the | ||||||
7 | University's transfer admissions process. The University is | ||||||
8 | encouraged to develop a policy to automatically waive the | ||||||
9 | undergraduate transfer admissions application fee for | ||||||
10 | low-income Illinois students transferring from a public | ||||||
11 | community college in this State. The University shall post | ||||||
12 | this policy in an easily accessible place on the University's | ||||||
13 | Internet website. | ||||||
14 | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; | ||||||
15 | 103-936, eff. 8-9-24.)
| ||||||
16 | Section 220. The Northeastern Illinois University Law is | ||||||
17 | amended by changing Section 25-85 as follows:
| ||||||
18 | (110 ILCS 680/25-85) | ||||||
19 | Sec. 25-85. Admissions. | ||||||
20 | (a) No new student shall be admitted to instruction in any | ||||||
21 | of the departments or colleges of the Northeastern Illinois | ||||||
22 | University unless such student also has satisfactorily | ||||||
23 | completed: | ||||||
24 | (1) at least 15 units of high school coursework from |
| |||||||
| |||||||
1 | the following 5 categories: | ||||||
2 | (A) 4 years of English (emphasizing written and | ||||||
3 | oral communications and literature), of which up to 2 | ||||||
4 | years may be collegiate level instruction; | ||||||
5 | (B) 3 years of social studies (emphasizing history | ||||||
6 | and government); | ||||||
7 | (C) 3 years of mathematics (introductory through | ||||||
8 | advanced algebra, geometry, trigonometry, or | ||||||
9 | fundamentals of computer programming); | ||||||
10 | (D) 3 years of science (laboratory sciences or | ||||||
11 | agricultural sciences); and | ||||||
12 | (E) 2 years of electives in foreign language | ||||||
13 | (which may be deemed to include American Sign | ||||||
14 | Language), music, career and technical education, | ||||||
15 | agricultural education, or art; | ||||||
16 | (2) except that Northeastern Illinois University may | ||||||
17 | admit individual applicants if it determines through | ||||||
18 | assessment or through evaluation based on learning | ||||||
19 | outcomes of the coursework taken, including career and | ||||||
20 | technical education courses and courses taken in a charter | ||||||
21 | school established under Article 27A of the School Code, | ||||||
22 | that the applicant demonstrates knowledge and skills | ||||||
23 | substantially equivalent to the knowledge and skills | ||||||
24 | expected to be acquired in the high school courses | ||||||
25 | required for admission. The Board of Trustees of | ||||||
26 | Northeastern Illinois University shall not discriminate in |
| |||||||
| |||||||
1 | the University's admissions process against an applicant | ||||||
2 | for admission because of the applicant's enrollment in a | ||||||
3 | charter school established under Article 27A of the School | ||||||
4 | Code. Northeastern Illinois University may also admit (i) | ||||||
5 | applicants who did not have an opportunity to complete the | ||||||
6 | minimum college preparatory curriculum in high school, and | ||||||
7 | (ii) educationally disadvantaged applicants who are | ||||||
8 | admitted to the formal organized special assistance | ||||||
9 | programs that are tailored to the needs of such students, | ||||||
10 | providing that in either case, the institution | ||||||
11 | incorporates in the applicant's baccalaureate curriculum | ||||||
12 | courses or other academic activities that compensate for | ||||||
13 | course deficiencies; and | ||||||
14 | (3) except that up to 3 of 15 units of coursework | ||||||
15 | required by paragraph (1) of this subsection may be | ||||||
16 | distributed by deducting no more than one unit each from | ||||||
17 | the categories of social studies, mathematics, sciences | ||||||
18 | and electives and completing those 3 units in any of the 5 | ||||||
19 | categories of coursework described in paragraph (1). | ||||||
20 | (b) When allocating funds, local boards of education shall | ||||||
21 | recognize their obligation to their students to offer the | ||||||
22 | coursework required by subsection (a). | ||||||
23 | (c) A student who has graduated from high school and has | ||||||
24 | scored within the University's accepted range on the ACT or | ||||||
25 | SAT shall not be required to take a high school equivalency | ||||||
26 | test as a prerequisite to admission. |
| |||||||
| |||||||
1 | (d) The Board shall establish an admissions process in | ||||||
2 | which honorably discharged veterans are permitted to submit an | ||||||
3 | application for admission to the University as a freshman | ||||||
4 | student enrolling in the spring semester if the veteran was on | ||||||
5 | active duty during the fall semester. The University may | ||||||
6 | request that the Department of Veterans Veterans' Affairs | ||||||
7 | confirm the status of an applicant as an honorably discharged | ||||||
8 | veteran who was on active duty during the fall semester. | ||||||
9 | (e) Beginning with the 2025-2026 academic year, the | ||||||
10 | University shall provide all Illinois students transferring | ||||||
11 | from a public community college in this State with the | ||||||
12 | University's undergraduate transfer admissions application fee | ||||||
13 | waiver policy and, if such a policy exists, any application or | ||||||
14 | forms necessary to apply for a fee waiver as part of the | ||||||
15 | University's transfer admissions process. The University is | ||||||
16 | encouraged to develop a policy to automatically waive the | ||||||
17 | undergraduate transfer admissions application fee for | ||||||
18 | low-income Illinois students transferring from a public | ||||||
19 | community college in this State. The University shall post | ||||||
20 | this policy in an easily accessible place on the University's | ||||||
21 | Internet website. | ||||||
22 | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; | ||||||
23 | 103-936, eff. 8-9-24.)
| ||||||
24 | Section 225. The Northern Illinois University Law is | ||||||
25 | amended by changing Section 30-85 as follows:
|
| |||||||
| |||||||
1 | (110 ILCS 685/30-85) | ||||||
2 | Sec. 30-85. Admissions. | ||||||
3 | (a) No new student shall be admitted to instruction in any | ||||||
4 | of the departments or colleges of the Northern Illinois | ||||||
5 | University unless such student also has satisfactorily | ||||||
6 | completed: | ||||||
7 | (1) at least 15 units of high school coursework from | ||||||
8 | the following 5 categories: | ||||||
9 | (A) 4 years of English (emphasizing written and | ||||||
10 | oral communications and literature), of which up to 2 | ||||||
11 | years may be collegiate level instruction; | ||||||
12 | (B) 3 years of social studies (emphasizing history | ||||||
13 | and government); | ||||||
14 | (C) 3 years of mathematics (introductory through | ||||||
15 | advanced algebra, geometry, trigonometry, or | ||||||
16 | fundamentals of computer programming); | ||||||
17 | (D) 3 years of science (laboratory sciences or | ||||||
18 | agricultural sciences); and | ||||||
19 | (E) 2 years of electives in foreign language | ||||||
20 | (which may be deemed to include American Sign | ||||||
21 | Language), music, career and technical education, | ||||||
22 | agricultural education, or art; | ||||||
23 | (2) except that Northern Illinois University may admit | ||||||
24 | individual applicants if it determines through assessment | ||||||
25 | or through evaluation based on learning outcomes of the |
| |||||||
| |||||||
1 | coursework taken, including career and technical education | ||||||
2 | courses and courses taken in a charter school established | ||||||
3 | under Article 27A of the School Code, that the applicant | ||||||
4 | demonstrates knowledge and skills substantially equivalent | ||||||
5 | to the knowledge and skills expected to be acquired in the | ||||||
6 | high school courses required for admission. The Board of | ||||||
7 | Trustees of Northern Illinois University shall not | ||||||
8 | discriminate in the University's admissions process | ||||||
9 | against an applicant for admission because of the | ||||||
10 | applicant's enrollment in a charter school established | ||||||
11 | under Article 27A of the School Code. Northern Illinois | ||||||
12 | University may also admit (i) applicants who did not have | ||||||
13 | an opportunity to complete the minimum college preparatory | ||||||
14 | curriculum in high school, and (ii) educationally | ||||||
15 | disadvantaged applicants who are admitted to the formal | ||||||
16 | organized special assistance programs that are tailored to | ||||||
17 | the needs of such students, providing that in either case, | ||||||
18 | the institution incorporates in the applicant's | ||||||
19 | baccalaureate curriculum courses or other academic | ||||||
20 | activities that compensate for course deficiencies; and | ||||||
21 | (3) except that up to 3 of 15 units of coursework | ||||||
22 | required by paragraph (1) of this subsection may be | ||||||
23 | distributed by deducting no more than one unit each from | ||||||
24 | the categories of social studies, mathematics, sciences | ||||||
25 | and electives and completing those 3 units in any of the 5 | ||||||
26 | categories of coursework described in paragraph (1). |
| |||||||
| |||||||
1 | (b) When allocating funds, local boards of education shall | ||||||
2 | recognize their obligation to their students to offer the | ||||||
3 | coursework required by subsection (a). | ||||||
4 | (c) A student who has graduated from high school and has | ||||||
5 | scored within the University's accepted range on the ACT or | ||||||
6 | SAT shall not be required to take a high school equivalency | ||||||
7 | test as a prerequisite to admission. | ||||||
8 | (d) The Board shall establish an admissions process in | ||||||
9 | which honorably discharged veterans are permitted to submit an | ||||||
10 | application for admission to the University as a freshman | ||||||
11 | student enrolling in the spring semester if the veteran was on | ||||||
12 | active duty during the fall semester. The University may | ||||||
13 | request that the Department of Veterans Veterans' Affairs | ||||||
14 | confirm the status of an applicant as an honorably discharged | ||||||
15 | veteran who was on active duty during the fall semester. | ||||||
16 | (e) Beginning with the 2025-2026 academic year, the | ||||||
17 | University shall provide all Illinois students transferring | ||||||
18 | from a public community college in this State with the | ||||||
19 | University's undergraduate transfer admissions application fee | ||||||
20 | waiver policy and, if such a policy exists, any application or | ||||||
21 | forms necessary to apply for a fee waiver as part of the | ||||||
22 | University's transfer admissions process. The University is | ||||||
23 | encouraged to develop a policy to automatically waive the | ||||||
24 | undergraduate transfer admissions application fee for | ||||||
25 | low-income Illinois students transferring from a public | ||||||
26 | community college in this State. The University shall post |
| |||||||
| |||||||
1 | this policy in an easily accessible place on the University's | ||||||
2 | Internet website. | ||||||
3 | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; | ||||||
4 | 103-936, eff. 8-9-24.)
| ||||||
5 | Section 230. The Western Illinois University Law is | ||||||
6 | amended by changing Section 35-85 as follows:
| ||||||
7 | (110 ILCS 690/35-85) | ||||||
8 | Sec. 35-85. Admissions. | ||||||
9 | (a) No new student shall be admitted to instruction in any | ||||||
10 | of the departments or colleges of the Western Illinois | ||||||
11 | University unless such student also has satisfactorily | ||||||
12 | completed: | ||||||
13 | (1) at least 15 units of high school coursework from | ||||||
14 | the following 5 categories: | ||||||
15 | (A) 4 years of English (emphasizing written and | ||||||
16 | oral communications and literature), of which up to 2 | ||||||
17 | years may be collegiate level instruction; | ||||||
18 | (B) 3 years of social studies (emphasizing history | ||||||
19 | and government); | ||||||
20 | (C) 3 years of mathematics (introductory through | ||||||
21 | advanced algebra, geometry, trigonometry, or | ||||||
22 | fundamentals of computer programming); | ||||||
23 | (D) 3 years of science (laboratory sciences or | ||||||
24 | agricultural sciences); and |
| |||||||
| |||||||
1 | (E) 2 years of electives in foreign language | ||||||
2 | (which may be deemed to include American Sign | ||||||
3 | Language), music, career and technical education, | ||||||
4 | agricultural education, or art; | ||||||
5 | (2) except that Western Illinois University may admit | ||||||
6 | individual applicants if it determines through assessment | ||||||
7 | or through evaluation based on learning outcomes of the | ||||||
8 | coursework taken, including career and technical education | ||||||
9 | courses and courses taken in a charter school established | ||||||
10 | under Article 27A of the School Code, that the applicant | ||||||
11 | demonstrates knowledge and skills substantially equivalent | ||||||
12 | to the knowledge and skills expected to be acquired in the | ||||||
13 | high school courses required for admission. The Board of | ||||||
14 | Trustees of Western Illinois University shall not | ||||||
15 | discriminate in the University's admissions process | ||||||
16 | against an applicant for admission because of the | ||||||
17 | applicant's enrollment in a charter school established | ||||||
18 | under Article 27A of the School Code. Western Illinois | ||||||
19 | University may also admit (i) applicants who did not have | ||||||
20 | an opportunity to complete the minimum college preparatory | ||||||
21 | curriculum in high school, and (ii) educationally | ||||||
22 | disadvantaged applicants who are admitted to the formal | ||||||
23 | organized special assistance programs that are tailored to | ||||||
24 | the needs of such students, providing that in either case, | ||||||
25 | the institution incorporates in the applicant's | ||||||
26 | baccalaureate curriculum courses or other academic |
| |||||||
| |||||||
1 | activities that compensate for course deficiencies; and | ||||||
2 | (3) except that up to 3 of 15 units of coursework | ||||||
3 | required by paragraph (1) of this subsection may be | ||||||
4 | distributed by deducting no more than one unit each from | ||||||
5 | the categories of social studies, mathematics, sciences | ||||||
6 | and electives and completing those 3 units in any of the 5 | ||||||
7 | categories of coursework described in paragraph (1). | ||||||
8 | (b) When allocating funds, local boards of education shall | ||||||
9 | recognize their obligation to their students to offer the | ||||||
10 | coursework required by subsection (a). | ||||||
11 | (c) A student who has graduated from high school and has | ||||||
12 | scored within the University's accepted range on the ACT or | ||||||
13 | SAT shall not be required to take a high school equivalency | ||||||
14 | test as a prerequisite to admission. | ||||||
15 | (d) The Board shall establish an admissions process in | ||||||
16 | which honorably discharged veterans are permitted to submit an | ||||||
17 | application for admission to the University as a freshman | ||||||
18 | student enrolling in the spring semester if the veteran was on | ||||||
19 | active duty during the fall semester. The University may | ||||||
20 | request that the Department of Veterans Veterans' Affairs | ||||||
21 | confirm the status of an applicant as an honorably discharged | ||||||
22 | veteran who was on active duty during the fall semester. | ||||||
23 | (e) Beginning with the 20245-2026 academic year, the | ||||||
24 | University shall provide all Illinois students transferring | ||||||
25 | from a public community college in this State with the | ||||||
26 | University's undergraduate transfer admissions application fee |
| |||||||
| |||||||
1 | waiver policy and, if such a policy exists, any application or | ||||||
2 | forms necessary to apply for a fee waiver as part of the | ||||||
3 | University's transfer admissions process. The University is | ||||||
4 | encouraged to develop a policy to automatically waive the | ||||||
5 | undergraduate transfer admissions application fee for | ||||||
6 | low-income Illinois students transferring from a public | ||||||
7 | community college in this State. The University shall post | ||||||
8 | this policy in an easily accessible place on the University's | ||||||
9 | Internet website. | ||||||
10 | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; | ||||||
11 | 103-936, eff. 8-9-24.)
| ||||||
12 | Section 235. The Higher Education Student Assistance Act | ||||||
13 | is amended by changing Section 40 as follows:
| ||||||
14 | (110 ILCS 947/40) | ||||||
15 | Sec. 40. Illinois Veteran grant program. | ||||||
16 | (a) As used in this Section: | ||||||
17 | "Qualified applicant" means a person who served in the | ||||||
18 | Armed Forces of the United States, a Reserve component of the | ||||||
19 | Armed Forces, or the Illinois National Guard, excluding | ||||||
20 | members of the Reserve Officers' Training Corps and those | ||||||
21 | whose only service has been attendance at a service academy, | ||||||
22 | and who meets all of the qualifications of either paragraphs | ||||||
23 | (1) through (4) or paragraphs (2), (3), and (5): | ||||||
24 | (1) At the time of entering federal active duty |
| |||||||
| |||||||
1 | service the person was one of the following: | ||||||
2 | (A) An Illinois resident. | ||||||
3 | (B) An Illinois resident within 6 months of | ||||||
4 | entering such service. | ||||||
5 | (C) Enrolled at a State-controlled university or | ||||||
6 | public community college in this State. | ||||||
7 | (2) The person meets one of the following | ||||||
8 | requirements: | ||||||
9 | (A) He or she served at least one year of federal | ||||||
10 | active duty. | ||||||
11 | (B) He or she served less than one year of federal | ||||||
12 | active duty and received an honorable discharge for | ||||||
13 | medical reasons directly connected with such service. | ||||||
14 | (C) He or she served less than one year of federal | ||||||
15 | active duty and was discharged prior to August 11, | ||||||
16 | 1967. | ||||||
17 | (D) He or she served less than one year of federal | ||||||
18 | active duty in a foreign country during a time of | ||||||
19 | hostilities in that foreign country. | ||||||
20 | (3) The person received an honorable discharge after | ||||||
21 | leaving federal active duty service. | ||||||
22 | (4) The person returned to this State within 6 months | ||||||
23 | after leaving federal active duty service, or, if married | ||||||
24 | to a person in continued military service stationed | ||||||
25 | outside this State, returned to this State within 6 months | ||||||
26 | after his or her spouse left service or was stationed |
| |||||||
| |||||||
1 | within this State. | ||||||
2 | (5) The person does not meet the requirements of | ||||||
3 | paragraph (1), but (i) is a resident of Illinois at the | ||||||
4 | time of application to the Commission and (ii) at some | ||||||
5 | point after leaving federal active duty service, was a | ||||||
6 | resident of Illinois for at least 15 consecutive years. | ||||||
7 | "Time of hostilities" means any action by the Armed Forces | ||||||
8 | of the United States that is recognized by the issuance of a | ||||||
9 | Presidential proclamation or a Presidential executive order | ||||||
10 | and in which the Armed Forces expeditionary medal or other | ||||||
11 | campaign service medals are awarded according to Presidential | ||||||
12 | executive order. | ||||||
13 | (b) A person who otherwise qualifies under subsection (a) | ||||||
14 | of this Section but has not left federal active duty service | ||||||
15 | and has served at least one year of federal active duty or has | ||||||
16 | served for less than one year of federal active duty in a | ||||||
17 | foreign country during a time of hostilities in that foreign | ||||||
18 | country and who can provide documentation demonstrating an | ||||||
19 | honorable service record is eligible to receive assistance | ||||||
20 | under this Section. | ||||||
21 | (c) A qualified applicant is not required to pay any | ||||||
22 | tuition or mandatory fees while attending a State-controlled | ||||||
23 | university or public community college in this State for a | ||||||
24 | period that is equivalent to 4 years of full-time enrollment, | ||||||
25 | including summer terms. | ||||||
26 | A qualified applicant who has previously received benefits |
| |||||||
| |||||||
1 | under this Section for a non-mandatory fee shall continue to | ||||||
2 | receive benefits covering such fees while he or she is | ||||||
3 | enrolled in a continuous program of study. The qualified | ||||||
4 | applicant shall no longer receive a grant covering | ||||||
5 | non-mandatory fees if he or she fails to enroll during an | ||||||
6 | academic term, unless he or she is serving federal active duty | ||||||
7 | service. | ||||||
8 | (d) A qualified applicant who has been or is to be awarded | ||||||
9 | assistance under this Section shall receive that assistance if | ||||||
10 | the qualified applicant notifies his or her postsecondary | ||||||
11 | institution of that fact by the end of the school term for | ||||||
12 | which assistance is requested. | ||||||
13 | (e) Assistance under this Section is considered an | ||||||
14 | entitlement that the State-controlled college or public | ||||||
15 | community college in which the qualified applicant is enrolled | ||||||
16 | shall honor without any condition other than the qualified | ||||||
17 | applicant's maintenance of minimum grade levels and a | ||||||
18 | satisfactory student loan repayment record pursuant to | ||||||
19 | subsection (c) of Section 20 of this Act. | ||||||
20 | (f) The Commission shall administer the grant program | ||||||
21 | established by this Section and shall make all necessary and | ||||||
22 | proper rules not inconsistent with this Section for its | ||||||
23 | effective implementation. | ||||||
24 | (g) All applications for assistance under this Section | ||||||
25 | must be made to the Commission on forms that the Commission | ||||||
26 | shall provide. The Commission shall determine the form of |
| |||||||
| |||||||
1 | application and the information required to be set forth in | ||||||
2 | the application, and the Commission shall require qualified | ||||||
3 | applicants to submit with their applications any supporting | ||||||
4 | documents that the Commission deems necessary. Upon request, | ||||||
5 | the Department of Veterans Veterans' Affairs shall assist the | ||||||
6 | Commission in determining the eligibility of applicants for | ||||||
7 | assistance under this Section. | ||||||
8 | (h) Assistance under this Section is available as long as | ||||||
9 | the federal government provides educational benefits to | ||||||
10 | veterans. Assistance must not be paid under this Section after | ||||||
11 | 6 months following the termination of educational benefits to | ||||||
12 | veterans by the federal government, except for persons who | ||||||
13 | already have begun their education with assistance under this | ||||||
14 | Section. If the federal government terminates educational | ||||||
15 | benefits to veterans and at a later time resumes those | ||||||
16 | benefits, assistance under this Section shall resume. | ||||||
17 | (Source: P.A. 101-334, eff. 8-9-19; 102-800, eff. 5-13-22.)
| ||||||
18 | Section 240. The Veterans' Home Medical Providers' Loan | ||||||
19 | Repayment Act is amended by changing Section 5 as follows:
| ||||||
20 | (110 ILCS 972/5) | ||||||
21 | Sec. 5. Medical Providers Loan Repayment Program. There | ||||||
22 | is created the Medical Providers Loan Repayment Program to be | ||||||
23 | administered by the Illinois Student Assistance Commission in | ||||||
24 | consultation with the Department of Veterans Veterans' |
| |||||||
| |||||||
1 | Affairs. The program shall provide assistance, subject to | ||||||
2 | appropriation, to eligible physicians and nurses. | ||||||
3 | (Source: P.A. 99-813, eff. 8-15-16.)
| ||||||
4 | Section 245. The Nursing Home Care Act is amended by | ||||||
5 | changing Sections 1-113, 2-201, 2-201.5, 2-213, 2-215, | ||||||
6 | 3-101.5, 3-202.6, 3-304.2, and 3-308.5 as follows:
| ||||||
7 | (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113) | ||||||
8 | Sec. 1-113. "Facility" or "long-term care facility" means | ||||||
9 | a private home, institution, building, residence, or any other | ||||||
10 | place, whether operated for profit or not, or a county home for | ||||||
11 | the infirm and chronically ill operated pursuant to Division | ||||||
12 | 5-21 or 5-22 of the Counties Code, or any similar institution | ||||||
13 | operated by a political subdivision of the State of Illinois, | ||||||
14 | which provides, through its ownership or management, personal | ||||||
15 | care, sheltered care or nursing for 3 or more persons, not | ||||||
16 | related to the applicant or owner by blood or marriage. It | ||||||
17 | includes skilled nursing facilities and intermediate care | ||||||
18 | facilities as those terms are defined in Title XVIII and Title | ||||||
19 | XIX of the federal Social Security Act. It also includes | ||||||
20 | homes, institutions, or other places operated by or under the | ||||||
21 | authority of the Illinois Department of Veterans Veterans' | ||||||
22 | Affairs. | ||||||
23 | "Facility" does not include the following: | ||||||
24 | (1) A home, institution, or other place operated by |
| |||||||
| |||||||
1 | the federal government or agency thereof, or by the State | ||||||
2 | of Illinois, other than homes, institutions, or other | ||||||
3 | places operated by or under the authority of the Illinois | ||||||
4 | Department of Veterans Veterans' Affairs; | ||||||
5 | (2) A hospital, sanitarium, or other institution whose | ||||||
6 | principal activity or business is the diagnosis, care, and | ||||||
7 | treatment of human illness through the maintenance and | ||||||
8 | operation as organized facilities therefor, which is | ||||||
9 | required to be licensed under the Hospital Licensing Act; | ||||||
10 | (3) Any "facility for child care" as defined in the | ||||||
11 | Child Care Act of 1969; | ||||||
12 | (4) Any "Community Living Facility" as defined in the | ||||||
13 | Community Living Facilities Licensing Act; | ||||||
14 | (5) Any "community residential alternative" as defined | ||||||
15 | in the Community Residential Alternatives Licensing Act; | ||||||
16 | (6) Any nursing home or sanatorium operated solely by | ||||||
17 | and for persons who rely exclusively upon treatment by | ||||||
18 | spiritual means through prayer, in accordance with the | ||||||
19 | creed or tenets of any well-recognized church or religious | ||||||
20 | denomination. However, such nursing home or sanatorium | ||||||
21 | shall comply with all local laws and rules relating to | ||||||
22 | sanitation and safety; | ||||||
23 | (7) Any facility licensed by the Department of Human | ||||||
24 | Services as a community-integrated living arrangement as | ||||||
25 | defined in the Community-Integrated Living Arrangements | ||||||
26 | Licensure and Certification Act; |
| |||||||
| |||||||
1 | (8) Any "Supportive Residence" licensed under the | ||||||
2 | Supportive Residences Licensing Act; | ||||||
3 | (9) Any "supportive living facility" in good standing | ||||||
4 | with the program established under Section 5-5.01a of the | ||||||
5 | Illinois Public Aid Code, except only for purposes of the | ||||||
6 | employment of persons in accordance with Section 3-206.01; | ||||||
7 | (10) Any assisted living or shared housing | ||||||
8 | establishment licensed under the Assisted Living and | ||||||
9 | Shared Housing Act, except only for purposes of the | ||||||
10 | employment of persons in accordance with Section 3-206.01; | ||||||
11 | (11) An Alzheimer's disease management center | ||||||
12 | alternative health care model licensed under the | ||||||
13 | Alternative Health Care Delivery Act; | ||||||
14 | (12) A facility licensed under the ID/DD Community | ||||||
15 | Care Act; | ||||||
16 | (13) A facility licensed under the Specialized Mental | ||||||
17 | Health Rehabilitation Act of 2013; | ||||||
18 | (14) A facility licensed under the MC/DD Act; or | ||||||
19 | (15) A medical foster home, as defined in 38 CFR | ||||||
20 | 17.73, that is under the oversight of the United States | ||||||
21 | Department of Veterans Affairs. | ||||||
22 | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; | ||||||
23 | 99-376, eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
24 | (210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201) | ||||||
25 | Sec. 2-201. To protect the residents' funds, the facility: |
| |||||||
| |||||||
1 | (1) Shall at the time of admission provide, in order of | ||||||
2 | priority, each resident, or the resident's guardian, if any, | ||||||
3 | or the resident's representative, if any, or the resident's | ||||||
4 | immediate family member, if any, with a written statement | ||||||
5 | explaining to the resident and to the resident's spouse (a) | ||||||
6 | their spousal impoverishment rights, as defined at Section 5-4 | ||||||
7 | of the Illinois Public Aid Code, and at Section 303 of Title | ||||||
8 | III of the Medicare Catastrophic Coverage Act of 1988 (P.L. | ||||||
9 | 100-360), (b) their obligation to comply with the asset and | ||||||
10 | income disclosure requirements of Title XIX of the federal | ||||||
11 | Social Security Act and the regulations duly promulgated | ||||||
12 | thereunder, except that this item (b) does not apply to | ||||||
13 | facilities operated by the Illinois Department of Veterans | ||||||
14 | Veterans' Affairs that do not participate in Medicaid, and (c) | ||||||
15 | the resident's rights regarding personal funds and listing the | ||||||
16 | services for which the resident will be charged. The facility | ||||||
17 | shall obtain a signed acknowledgment from each resident or the | ||||||
18 | resident's guardian, if any, or the resident's representative, | ||||||
19 | if any, or the resident's immediate family member, if any, | ||||||
20 | that such person has received the statement and understands | ||||||
21 | that failure to comply with asset and income disclosure | ||||||
22 | requirements may result in the denial of Medicaid eligibility. | ||||||
23 | (2) May accept funds from a resident for safekeeping and | ||||||
24 | managing, if it receives written authorization from, in order | ||||||
25 | of priority, the resident or the resident's guardian, if any, | ||||||
26 | or the resident's representative, if any, or the resident's |
| |||||||
| |||||||
1 | immediate family member, if any; such authorization shall be | ||||||
2 | attested to by a witness who has no pecuniary interest in the | ||||||
3 | facility or its operations, and who is not connected in any way | ||||||
4 | to facility personnel or the administrator in any manner | ||||||
5 | whatsoever. | ||||||
6 | (3) Shall maintain and allow, in order of priority, each | ||||||
7 | resident or the resident's guardian, if any, or the resident's | ||||||
8 | representative, if any, or the resident's immediate family | ||||||
9 | member, if any, access to a written record of all financial | ||||||
10 | arrangements and transactions involving the individual | ||||||
11 | resident's funds. | ||||||
12 | (4) Shall provide, in order of priority, each resident, or | ||||||
13 | the resident's guardian, if any, or the resident's | ||||||
14 | representative, if any, or the resident's immediate family | ||||||
15 | member, if any, with a written itemized statement at least | ||||||
16 | quarterly, of all financial transactions involving the | ||||||
17 | resident's funds. | ||||||
18 | (5) Shall purchase a surety bond, or otherwise provide | ||||||
19 | assurance satisfactory to the Departments of Public Health and | ||||||
20 | Insurance that all residents' personal funds deposited with | ||||||
21 | the facility are secure against loss, theft, and insolvency. | ||||||
22 | (6) Shall keep any funds received from a resident for | ||||||
23 | safekeeping in an account separate from the facility's funds, | ||||||
24 | and shall at no time withdraw any part or all of such funds for | ||||||
25 | any purpose other than to return the funds to the resident upon | ||||||
26 | the request of the resident or any other person entitled to |
| |||||||
| |||||||
1 | make such request, to pay the resident his allowance, or to | ||||||
2 | make any other payment authorized by the resident or any other | ||||||
3 | person entitled to make such authorization. | ||||||
4 | (7) Shall deposit any funds received from a resident in | ||||||
5 | excess of $100 in an interest bearing account insured by | ||||||
6 | agencies of, or corporations chartered by, the State or | ||||||
7 | federal government. The account shall be in a form which | ||||||
8 | clearly indicates that the facility has only a fiduciary | ||||||
9 | interest in the funds and any interest from the account shall | ||||||
10 | accrue to the resident. The facility may keep up to $100 of a | ||||||
11 | resident's money in a non-interest bearing account or petty | ||||||
12 | cash fund, to be readily available for the resident's current | ||||||
13 | expenditures. | ||||||
14 | (8) Shall return to the resident, or the person who | ||||||
15 | executed the written authorization required in subsection (2) | ||||||
16 | of this Section, upon written request, all or any part of the | ||||||
17 | resident's funds given the facility for safekeeping, including | ||||||
18 | the interest accrued from deposits. | ||||||
19 | (9) Shall (a) place any monthly allowance to which a | ||||||
20 | resident is entitled in that resident's personal account, or | ||||||
21 | give it to the resident, unless the facility has written | ||||||
22 | authorization from the resident or the resident's guardian or | ||||||
23 | if the resident is a minor, his parent, to handle it | ||||||
24 | differently, (b) take all steps necessary to ensure that a | ||||||
25 | personal needs allowance that is placed in a resident's | ||||||
26 | personal account is used exclusively by the resident or for |
| |||||||
| |||||||
1 | the benefit of the resident, and (c) where such funds are | ||||||
2 | withdrawn from the resident's personal account by any person | ||||||
3 | other than the resident, require such person to whom funds | ||||||
4 | constituting any part of a resident's personal needs allowance | ||||||
5 | are released, to execute an affidavit that such funds shall be | ||||||
6 | used exclusively for the benefit of the resident. | ||||||
7 | (10) Unless otherwise provided by State law, upon the | ||||||
8 | death of a resident, shall provide the executor or | ||||||
9 | administrator of the resident's estate with a complete | ||||||
10 | accounting of all the resident's personal property, including | ||||||
11 | any funds of the resident being held by the facility. | ||||||
12 | (11) If an adult resident is incapable of managing his | ||||||
13 | funds and does not have a resident's representative, guardian, | ||||||
14 | or an immediate family member, shall notify the Office of the | ||||||
15 | State Guardian of the Guardianship and Advocacy Commission. | ||||||
16 | (12) If the facility is sold, shall provide the buyer with | ||||||
17 | a written verification by a public accountant of all | ||||||
18 | residents' monies and properties being transferred, and obtain | ||||||
19 | a signed receipt from the new owner. | ||||||
20 | (Source: P.A. 98-523, eff. 8-23-13.)
| ||||||
21 | (210 ILCS 45/2-201.5) | ||||||
22 | Sec. 2-201.5. Screening prior to admission. | ||||||
23 | (a) All persons age 18 or older seeking admission to a | ||||||
24 | nursing facility must be screened to determine the need for | ||||||
25 | nursing facility services prior to being admitted, regardless |
| |||||||
| |||||||
1 | of income, assets, or funding source. Screening for nursing | ||||||
2 | facility services shall be administered through procedures | ||||||
3 | established by administrative rule. Screening may be done by | ||||||
4 | agencies other than the Department as established by | ||||||
5 | administrative rule. This Section applies on and after July 1, | ||||||
6 | 1996. No later than October 1, 2010, the Department of | ||||||
7 | Healthcare and Family Services, in collaboration with the | ||||||
8 | Department on Aging, the Department of Human Services, and the | ||||||
9 | Department of Public Health, shall file administrative rules | ||||||
10 | providing for the gathering, during the screening process, of | ||||||
11 | information relevant to determining each person's potential | ||||||
12 | for placing other residents, employees, and visitors at risk | ||||||
13 | of harm. | ||||||
14 | (a-1) Any screening performed pursuant to subsection (a) | ||||||
15 | of this Section shall include a determination of whether any | ||||||
16 | person is being considered for admission to a nursing facility | ||||||
17 | due to a need for mental health services. For a person who | ||||||
18 | needs mental health services, the screening shall also include | ||||||
19 | an evaluation of whether there is permanent supportive | ||||||
20 | housing, or an array of community mental health services, | ||||||
21 | including but not limited to supported housing, assertive | ||||||
22 | community treatment, and peer support services, that would | ||||||
23 | enable the person to live in the community. The person shall be | ||||||
24 | told about the existence of any such services that would | ||||||
25 | enable the person to live safely and humanely and about | ||||||
26 | available appropriate nursing home services that would enable |
| |||||||
| |||||||
1 | the person to live safely and humanely, and the person shall be | ||||||
2 | given the assistance necessary to avail himself or herself of | ||||||
3 | any available services. | ||||||
4 | (a-2) Pre-screening for persons with a serious mental | ||||||
5 | illness shall be performed by a psychiatrist, a psychologist, | ||||||
6 | a registered nurse certified in psychiatric nursing, a | ||||||
7 | licensed clinical professional counselor, or a licensed | ||||||
8 | clinical social worker, who is competent to (i) perform a | ||||||
9 | clinical assessment of the individual, (ii) certify a | ||||||
10 | diagnosis, (iii) make a determination about the individual's | ||||||
11 | current need for treatment, including substance abuse | ||||||
12 | treatment, and recommend specific treatment, and (iv) | ||||||
13 | determine whether a facility or a community-based program is | ||||||
14 | able to meet the needs of the individual. | ||||||
15 | For any person entering a nursing facility, the | ||||||
16 | pre-screening agent shall make specific recommendations about | ||||||
17 | what care and services the individual needs to receive, | ||||||
18 | beginning at admission, to attain or maintain the individual's | ||||||
19 | highest level of independent functioning and to live in the | ||||||
20 | most integrated setting appropriate for his or her physical | ||||||
21 | and personal care and developmental and mental health needs. | ||||||
22 | These recommendations shall be revised as appropriate by the | ||||||
23 | pre-screening or re-screening agent based on the results of | ||||||
24 | resident review and in response to changes in the resident's | ||||||
25 | wishes, needs, and interest in transition. | ||||||
26 | Upon the person entering the nursing facility, the |
| |||||||
| |||||||
1 | Department of Human Services or its designee shall assist the | ||||||
2 | person in establishing a relationship with a community mental | ||||||
3 | health agency or other appropriate agencies in order to (i) | ||||||
4 | promote the person's transition to independent living and (ii) | ||||||
5 | support the person's progress in meeting individual goals. | ||||||
6 | (a-3) The Department of Human Services, by rule, shall | ||||||
7 | provide for a prohibition on conflicts of interest for | ||||||
8 | pre-admission screeners. The rule shall provide for waiver of | ||||||
9 | those conflicts by the Department of Human Services if the | ||||||
10 | Department of Human Services determines that a scarcity of | ||||||
11 | qualified pre-admission screeners exists in a given community | ||||||
12 | and that, absent a waiver of conflicts, an insufficient number | ||||||
13 | of pre-admission screeners would be available. If a conflict | ||||||
14 | is waived, the pre-admission screener shall disclose the | ||||||
15 | conflict of interest to the screened individual in the manner | ||||||
16 | provided for by rule of the Department of Human Services. For | ||||||
17 | the purposes of this subsection, a "conflict of interest" | ||||||
18 | includes, but is not limited to, the existence of a | ||||||
19 | professional or financial relationship between (i) a PAS-MH | ||||||
20 | corporate or a PAS-MH agent and (ii) a community provider or | ||||||
21 | long-term care facility. | ||||||
22 | (b) In addition to the screening required by subsection | ||||||
23 | (a), a facility, except for those licensed under the MC/DD | ||||||
24 | Act, shall, within 24 hours after admission, request a | ||||||
25 | criminal history background check pursuant to the Illinois | ||||||
26 | Uniform Conviction Information Act for all persons age 18 or |
| |||||||
| |||||||
1 | older seeking admission to the facility, unless (i) a | ||||||
2 | background check was initiated by a hospital pursuant to | ||||||
3 | subsection (d) of Section 6.09 of the Hospital Licensing Act | ||||||
4 | or a pre-admission background check was conducted by the | ||||||
5 | Department of Veterans Veterans' Affairs 30 days prior to | ||||||
6 | admittance into an Illinois Veterans Home; (ii) the | ||||||
7 | transferring resident is immobile; or (iii) the transferring | ||||||
8 | resident is moving into hospice. The exemption provided in | ||||||
9 | item (ii) or (iii) of this subsection (b) shall apply only if a | ||||||
10 | background check was completed by the facility the resident | ||||||
11 | resided at prior to seeking admission to the facility and the | ||||||
12 | resident was transferred to the facility with no time passing | ||||||
13 | during which the resident was not institutionalized. If item | ||||||
14 | (ii) or (iii) of this subsection (b) applies, the prior | ||||||
15 | facility shall provide a copy of its background check of the | ||||||
16 | resident and all supporting documentation, including, when | ||||||
17 | applicable, the criminal history report and the security | ||||||
18 | assessment, to the facility to which the resident is being | ||||||
19 | transferred. Background checks conducted pursuant to this | ||||||
20 | Section shall be based on the resident's name, date of birth, | ||||||
21 | and other identifiers as required by the Illinois State | ||||||
22 | Police. If the results of the background check are | ||||||
23 | inconclusive, the facility shall initiate a fingerprint-based | ||||||
24 | check, unless the fingerprint check is waived by the Director | ||||||
25 | of Public Health based on verification by the facility that | ||||||
26 | the resident is completely immobile or that the resident meets |
| |||||||
| |||||||
1 | other criteria related to the resident's health or lack of | ||||||
2 | potential risk which may be established by Departmental rule. | ||||||
3 | A waiver issued pursuant to this Section shall be valid only | ||||||
4 | while the resident is immobile or while the criteria | ||||||
5 | supporting the waiver exist. The facility shall provide for or | ||||||
6 | arrange for any required fingerprint-based checks to be taken | ||||||
7 | on the premises of the facility. If a fingerprint-based check | ||||||
8 | is required, the facility shall arrange for it to be conducted | ||||||
9 | in a manner that is respectful of the resident's dignity and | ||||||
10 | that minimizes any emotional or physical hardship to the | ||||||
11 | resident. | ||||||
12 | (c) If the results of a resident's criminal history | ||||||
13 | background check reveal that the resident is an identified | ||||||
14 | offender as defined in Section 1-114.01, the facility shall do | ||||||
15 | the following: | ||||||
16 | (1) Immediately notify the Illinois State Police, in | ||||||
17 | the form and manner required by the Illinois State Police, | ||||||
18 | in collaboration with the Department of Public Health, | ||||||
19 | that the resident is an identified offender. | ||||||
20 | (2) Within 72 hours, arrange for a fingerprint-based | ||||||
21 | criminal history record inquiry to be requested on the | ||||||
22 | identified offender resident. The inquiry shall be based | ||||||
23 | on the subject's name, sex, race, date of birth, | ||||||
24 | fingerprint images, and other identifiers required by the | ||||||
25 | Illinois State Police. The inquiry shall be processed | ||||||
26 | through the files of the Illinois State Police and the |
| |||||||
| |||||||
1 | Federal Bureau of Investigation to locate any criminal | ||||||
2 | history record information that may exist regarding the | ||||||
3 | subject. The Federal Bureau of Investigation shall furnish | ||||||
4 | to the Illinois State Police, pursuant to an inquiry under | ||||||
5 | this paragraph (2), any criminal history record | ||||||
6 | information contained in its files. | ||||||
7 | The facility shall comply with all applicable provisions | ||||||
8 | contained in the Illinois Uniform Conviction Information Act. | ||||||
9 | All name-based and fingerprint-based criminal history | ||||||
10 | record inquiries shall be submitted to the Illinois State | ||||||
11 | Police electronically in the form and manner prescribed by the | ||||||
12 | Illinois State Police. The Illinois State Police may charge | ||||||
13 | the facility a fee for processing name-based and | ||||||
14 | fingerprint-based criminal history record inquiries. The fee | ||||||
15 | shall be deposited into the State Police Services Fund. The | ||||||
16 | fee shall not exceed the actual cost of processing the | ||||||
17 | inquiry. | ||||||
18 | (d) (Blank). | ||||||
19 | (e) The Department shall develop and maintain a | ||||||
20 | de-identified database of residents who have injured facility | ||||||
21 | staff, facility visitors, or other residents, and the | ||||||
22 | attendant circumstances, solely for the purposes of evaluating | ||||||
23 | and improving resident pre-screening and assessment procedures | ||||||
24 | (including the Criminal History Report prepared under Section | ||||||
25 | 2-201.6) and the adequacy of Department requirements | ||||||
26 | concerning the provision of care and services to residents. A |
| |||||||
| |||||||
1 | resident shall not be listed in the database until a | ||||||
2 | Department survey confirms the accuracy of the listing. The | ||||||
3 | names of persons listed in the database and information that | ||||||
4 | would allow them to be individually identified shall not be | ||||||
5 | made public. Neither the Department nor any other agency of | ||||||
6 | State government may use information in the database to take | ||||||
7 | any action against any individual, licensee, or other entity, | ||||||
8 | unless the Department or agency receives the information | ||||||
9 | independent of this subsection (e). All information collected, | ||||||
10 | maintained, or developed under the authority of this | ||||||
11 | subsection (e) for the purposes of the database maintained | ||||||
12 | under this subsection (e) shall be treated in the same manner | ||||||
13 | as information that is subject to Part 21 of Article VIII of | ||||||
14 | the Code of Civil Procedure. | ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
16 | (210 ILCS 45/2-213) | ||||||
17 | Sec. 2-213. Vaccinations. | ||||||
18 | (a) A facility shall annually administer or arrange for | ||||||
19 | administration of a vaccination against influenza to each | ||||||
20 | resident, in accordance with the recommendations of the | ||||||
21 | Advisory Committee on Immunization Practices of the Centers | ||||||
22 | for Disease Control and Prevention that are most recent to the | ||||||
23 | time of vaccination, unless the vaccination is medically | ||||||
24 | contraindicated or the resident has refused the vaccine. | ||||||
25 | Influenza vaccinations for all residents age 65 and over shall |
| |||||||
| |||||||
1 | be completed by November 30 of each year or as soon as | ||||||
2 | practicable if vaccine supplies are not available before | ||||||
3 | November 1. Residents admitted after November 30, during the | ||||||
4 | flu season, and until February 1 shall, as medically | ||||||
5 | appropriate, receive an influenza vaccination prior to or upon | ||||||
6 | admission or as soon as practicable if vaccine supplies are | ||||||
7 | not available at the time of the admission, unless the vaccine | ||||||
8 | is medically contraindicated or the resident has refused the | ||||||
9 | vaccine. In the event that the Advisory Committee on | ||||||
10 | Immunization Practices of the Centers for Disease Control and | ||||||
11 | Prevention determines that dates of administration other than | ||||||
12 | those stated in this Act are optimal to protect the health of | ||||||
13 | residents, the Department is authorized to develop rules to | ||||||
14 | mandate vaccinations at those times rather than the times | ||||||
15 | stated in this Act. A facility shall document in the | ||||||
16 | resident's medical record that an annual vaccination against | ||||||
17 | influenza was administered, arranged, refused or medically | ||||||
18 | contraindicated. | ||||||
19 | (b) A facility shall administer or arrange for | ||||||
20 | administration of a pneumococcal vaccination to each resident, | ||||||
21 | in accordance with the recommendations of the Advisory | ||||||
22 | Committee on Immunization Practices of the Centers for Disease | ||||||
23 | Control and Prevention, who has not received this immunization | ||||||
24 | prior to or upon admission to the facility, unless the | ||||||
25 | resident refuses the offer for vaccination or the vaccination | ||||||
26 | is medically contraindicated. A facility shall document in |
| |||||||
| |||||||
1 | each resident's medical record that a vaccination against | ||||||
2 | pneumococcal pneumonia was offered and administered, arranged, | ||||||
3 | refused, or medically contraindicated. | ||||||
4 | (c) All persons seeking admission to a nursing facility | ||||||
5 | shall be verbally screened for risk factors associated with | ||||||
6 | hepatitis B, hepatitis C, and the Human Immunodeficiency Virus | ||||||
7 | (HIV) according to guidelines established by the U.S. Centers | ||||||
8 | for Disease Control and Prevention. Persons who are identified | ||||||
9 | as being at high risk for hepatitis B, hepatitis C, or HIV | ||||||
10 | shall be offered an opportunity to undergo laboratory testing | ||||||
11 | in order to determine infection status if they will be | ||||||
12 | admitted to the nursing facility for at least 7 days and are | ||||||
13 | not known to be infected with any of the listed viruses. All | ||||||
14 | HIV testing shall be conducted in compliance with the AIDS | ||||||
15 | Confidentiality Act. All persons determined to be susceptible | ||||||
16 | to the hepatitis B virus shall be offered immunization within | ||||||
17 | 10 days of admission to any nursing facility. A facility shall | ||||||
18 | document in the resident's medical record that he or she was | ||||||
19 | verbally screened for risk factors associated with hepatitis | ||||||
20 | B, hepatitis C, and HIV, and whether or not the resident was | ||||||
21 | immunized against hepatitis B. Nothing in this subsection (c) | ||||||
22 | shall apply to a nursing facility licensed or regulated by the | ||||||
23 | Illinois Department of Veterans Veterans' Affairs. | ||||||
24 | (d) A skilled nursing facility shall designate a person or | ||||||
25 | persons as Infection Prevention and Control Professionals to | ||||||
26 | develop and implement policies governing control of infections |
| |||||||
| |||||||
1 | and communicable diseases. The Infection Prevention and | ||||||
2 | Control Professionals shall be qualified through education, | ||||||
3 | training, experience, or certification or a combination of | ||||||
4 | such qualifications. The Infection Prevention and Control | ||||||
5 | Professional's qualifications shall be documented and shall be | ||||||
6 | made available for inspection by the Department. | ||||||
7 | (e) The Department shall provide facilities with | ||||||
8 | educational information on all vaccines recommended by the | ||||||
9 | Centers for Disease Control and Prevention's Advisory | ||||||
10 | Committee on Immunization Practices, including, but not | ||||||
11 | limited to, the risks associated with shingles and how to | ||||||
12 | protect oneself against the varicella-zoster virus. A facility | ||||||
13 | shall distribute the information to: (1) each resident who | ||||||
14 | requests the information; and (2) each newly admitted | ||||||
15 | resident. The facility may distribute the information to | ||||||
16 | residents electronically. | ||||||
17 | (Source: P.A. 100-1042, eff. 1-1-19 .)
| ||||||
18 | (210 ILCS 45/2-215) | ||||||
19 | Sec. 2-215. Conflicts with the Department of Veterans | ||||||
20 | Veterans' Affairs Act. If there is a conflict between the | ||||||
21 | provisions of this Act and the provisions of the Department of | ||||||
22 | Veterans Veterans' Affairs Act concerning an Illinois Veterans | ||||||
23 | Home not operated by the Department of Veterans Veterans' | ||||||
24 | Affairs, then the provisions of this Act shall apply. | ||||||
25 | (Source: P.A. 100-143, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | (210 ILCS 45/3-101.5) | ||||||
2 | Sec. 3-101.5. Illinois Veterans Homes. An Illinois | ||||||
3 | Veterans Home licensed under this Act and operated by the | ||||||
4 | Illinois Department of Veterans Veterans' Affairs is exempt | ||||||
5 | from the license fee provisions of Section 3-103 of this Act | ||||||
6 | and the provisions of Sections 3-104 through 3-106, 3-202.5, | ||||||
7 | 3-208, 3-302, 3-303, and 3-503 through 3-517 of this Act. A | ||||||
8 | monitor or receiver shall be placed in an Illinois Veterans | ||||||
9 | Home only by court order or by agreement between the Director | ||||||
10 | of Public Health, the Director of Veterans Veterans' Affairs, | ||||||
11 | and the Secretary of the United States Department of Veterans | ||||||
12 | Affairs. | ||||||
13 | (Source: P.A. 99-314, eff. 8-7-15.)
| ||||||
14 | (210 ILCS 45/3-202.6) | ||||||
15 | Sec. 3-202.6. Department of Veterans Veterans' Affairs | ||||||
16 | facility plan review. | ||||||
17 | (a) Before commencing construction of a new facility or | ||||||
18 | specified types of alteration or additions to an existing | ||||||
19 | long-term care facility involving major construction, as | ||||||
20 | defined by rule by the Department, with an estimated cost | ||||||
21 | greater than $100,000, architectural drawings and | ||||||
22 | specifications for the facility shall be submitted to the | ||||||
23 | Department for review. A facility may submit architectural | ||||||
24 | drawings and specifications for other construction projects |
| |||||||
| |||||||
1 | for Department review according to subsection (b) of this | ||||||
2 | Section. Review of drawings and specifications shall be | ||||||
3 | conducted by an employee of the Department meeting the | ||||||
4 | qualifications established by the Department of Central | ||||||
5 | Management Services class specifications for such an | ||||||
6 | individual's position or by a person contracting with the | ||||||
7 | Department who meets those class specifications. | ||||||
8 | (b) The Department shall inform an applicant in writing | ||||||
9 | within 15 working days after receiving drawings and | ||||||
10 | specifications from the applicant whether the applicant's | ||||||
11 | submission is complete or incomplete. Failure to provide the | ||||||
12 | applicant with this notice within 15 working days after | ||||||
13 | receiving drawings and specifications from the applicant shall | ||||||
14 | result in the submission being deemed complete for purposes of | ||||||
15 | initiating the 60-working-day review period under this | ||||||
16 | Section. If the submission is incomplete, the Department shall | ||||||
17 | inform the applicant of the deficiencies with the submission | ||||||
18 | in writing. | ||||||
19 | If the submission is complete, the Department shall | ||||||
20 | approve or disapprove drawings and specifications submitted to | ||||||
21 | the Department no later than 60 working days following receipt | ||||||
22 | by the Department. The drawings and specifications shall be of | ||||||
23 | sufficient detail, as provided by Department rule, to enable | ||||||
24 | the Department to render a determination of compliance with | ||||||
25 | design and construction standards under this Act. If the | ||||||
26 | Department finds that the drawings are not of sufficient |
| |||||||
| |||||||
1 | detail for it to render a determination of compliance, the | ||||||
2 | plans shall be determined to be incomplete and shall not be | ||||||
3 | considered for purposes of initiating the 60-working-day | ||||||
4 | review period. If a submission of drawings and specifications | ||||||
5 | is incomplete, the applicant may submit additional | ||||||
6 | information. The 60-working-day review period shall not | ||||||
7 | commence until the Department determines that a submission of | ||||||
8 | drawings and specifications is complete or the submission is | ||||||
9 | deemed complete. If the Department has not approved or | ||||||
10 | disapproved the drawings and specifications within 60 working | ||||||
11 | days after receipt by the Department, the construction, major | ||||||
12 | alteration, or addition shall be deemed approved. If the | ||||||
13 | drawings and specifications are disapproved, the Department | ||||||
14 | shall state in writing, with specificity, the reasons for the | ||||||
15 | disapproval. The entity submitting the drawings and | ||||||
16 | specifications may submit additional information in response | ||||||
17 | to the written comments from the Department or request a | ||||||
18 | reconsideration of the disapproval. A final decision of | ||||||
19 | approval or disapproval shall be made within 45 working days | ||||||
20 | after the receipt of the additional information or | ||||||
21 | reconsideration request. If denied, the Department shall state | ||||||
22 | the specific reasons for the denial. | ||||||
23 | (c) The Department shall provide written approval for | ||||||
24 | occupancy pursuant to subsection (e) of this Section and shall | ||||||
25 | not issue a violation to a facility as a result of a licensure | ||||||
26 | or complaint survey based upon the facility's physical |
| |||||||
| |||||||
1 | structure if: | ||||||
2 | (1) the Department reviewed and approved or is deemed | ||||||
3 | to have approved the drawings and specifications for | ||||||
4 | compliance with design and construction standards; | ||||||
5 | (2) the construction, major alteration, or addition | ||||||
6 | was built as submitted; | ||||||
7 | (3) the law or rules have not been amended since the | ||||||
8 | original approval; and | ||||||
9 | (4) the conditions at the facility indicate that there | ||||||
10 | is a reasonable degree of safety provided for the | ||||||
11 | residents. | ||||||
12 | (d) The Department shall not charge a fee in connection | ||||||
13 | with its reviews to the Department of Veterans Veterans' | ||||||
14 | Affairs. | ||||||
15 | (e) The Department shall conduct an on-site inspection of | ||||||
16 | the completed project no later than 45 working days after | ||||||
17 | notification from the applicant that the project has been | ||||||
18 | completed and all certifications required by the Department | ||||||
19 | have been received and accepted by the Department, except | ||||||
20 | that, during a statewide public health emergency, as defined | ||||||
21 | in the Illinois Emergency Management Agency Act, the | ||||||
22 | Department shall conduct an on-site inspection of the | ||||||
23 | completed project to the extent feasible. The Department may | ||||||
24 | extend this deadline if a federally mandated survey time frame | ||||||
25 | takes precedence. The Department shall provide written | ||||||
26 | approval for occupancy to the applicant within 7 working days |
| |||||||
| |||||||
1 | after the Department's final inspection, provided the | ||||||
2 | applicant has demonstrated substantial compliance as defined | ||||||
3 | by Department rule. Occupancy of new major construction is | ||||||
4 | prohibited until Department approval is received, unless the | ||||||
5 | Department has not acted within the time frames provided in | ||||||
6 | this subsection (e), in which case the construction shall be | ||||||
7 | deemed approved. Occupancy shall be authorized after any | ||||||
8 | required health inspection by the Department has been | ||||||
9 | conducted. | ||||||
10 | (f) The Department shall establish, by rule, an expedited | ||||||
11 | process for emergency repairs or replacement of like | ||||||
12 | equipment. | ||||||
13 | (g) Nothing in this Section shall be construed to apply to | ||||||
14 | maintenance, upkeep, or renovation that does not affect the | ||||||
15 | structural integrity or fire or life safety of the building, | ||||||
16 | does not add beds or services over the number for which the | ||||||
17 | long-term care facility is licensed, and provides a reasonable | ||||||
18 | degree of safety for the residents. | ||||||
19 | (h) If the number of licensed facilities increases or the | ||||||
20 | number of beds for the currently licensed facilities | ||||||
21 | increases, the Department has the right to reassess the | ||||||
22 | mandated time frames listed in this Section. | ||||||
23 | (Source: P.A. 103-1, eff. 4-27-23.)
| ||||||
24 | (210 ILCS 45/3-304.2) | ||||||
25 | Sec. 3-304.2. Designation of distressed facilities. |
| |||||||
| |||||||
1 | (a) (Blank). | ||||||
2 | (b) (Blank). | ||||||
3 | (b-5) The Department shall, by rule, adopt criteria to | ||||||
4 | identify distressed facilities and shall publish a list of | ||||||
5 | distressed facilities quarterly. The Department shall, by | ||||||
6 | rule, create a timeframe and a procedure on how a facility can | ||||||
7 | be removed from the list. No facility shall be identified as a | ||||||
8 | distressed facility unless it has committed a violation or | ||||||
9 | deficiency that has harmed a resident. | ||||||
10 | (c) The Department shall, by rule, adopt criteria to | ||||||
11 | identify non-Medicaid-certified facilities that are distressed | ||||||
12 | and shall publish this list quarterly. The list may not | ||||||
13 | contain more than 40 facilities per quarter. | ||||||
14 | (d) The Department shall notify each facility of its | ||||||
15 | distressed designation, and of the calculation on which it is | ||||||
16 | based. A facility has the right to appeal a designation, and | ||||||
17 | the procedure for appealing shall be outlined in rule. | ||||||
18 | (e) A distressed facility may contract with an independent | ||||||
19 | consultant meeting criteria established by the Department. If | ||||||
20 | the distressed facility does not seek the assistance of an | ||||||
21 | independent consultant, the Department shall place a monitor | ||||||
22 | in the facility, depending on the Department's assessment of | ||||||
23 | the condition of the facility. | ||||||
24 | (f) A facility that has been designated a distressed | ||||||
25 | facility may contract with an independent consultant to | ||||||
26 | develop and assist in the implementation of a plan of |
| |||||||
| |||||||
1 | improvement to bring and keep the facility in compliance with | ||||||
2 | this Act and, if applicable, with federal certification | ||||||
3 | requirements. A facility that contracts with an independent | ||||||
4 | consultant shall have 90 days to develop a plan of improvement | ||||||
5 | and demonstrate a good faith effort at implementation, and | ||||||
6 | another 90 days to achieve compliance and take whatever | ||||||
7 | additional actions are called for in the improvement plan to | ||||||
8 | maintain compliance. A facility that the Department determines | ||||||
9 | has a plan of improvement likely to bring and keep the facility | ||||||
10 | in compliance and that has demonstrated good faith efforts at | ||||||
11 | implementation within the first 90 days may be eligible to | ||||||
12 | receive a grant under the Equity in Long-term Care Quality Act | ||||||
13 | to assist it in achieving and maintaining compliance. In this | ||||||
14 | subsection, "independent" consultant means an individual who | ||||||
15 | has no professional or financial relationship with the | ||||||
16 | facility, any person with a reportable ownership interest in | ||||||
17 | the facility, or any related parties. In this subsection, | ||||||
18 | "related parties" has the meaning attributed to it in the | ||||||
19 | instructions for completing Medicaid cost reports. | ||||||
20 | (f-5) A distressed facility that does not contract with a | ||||||
21 | consultant shall be assigned a monitor at the Department's | ||||||
22 | discretion. The monitor may apply to the Equity in Long-term | ||||||
23 | Care Quality Fund on behalf of the facility for grant funds to | ||||||
24 | implement the plan of improvement. | ||||||
25 | (g) The Department shall, by rule, establish a mentor | ||||||
26 | program for owners and operators of distressed facilities. The |
| |||||||
| |||||||
1 | mentor program shall provide technical assistance and guidance | ||||||
2 | to facilities. | ||||||
3 | (h) The Department shall by rule establish sanctions (in | ||||||
4 | addition to those authorized elsewhere in this Article) | ||||||
5 | against distressed facilities that are not in compliance with | ||||||
6 | this Act and (if applicable) with federal certification | ||||||
7 | requirements. Criteria for imposing sanctions shall take into | ||||||
8 | account a facility's actions to address the violations and | ||||||
9 | deficiencies that caused its designation as a distressed | ||||||
10 | facility, and its compliance with this Act and with federal | ||||||
11 | certification requirements (if applicable), subsequent to its | ||||||
12 | designation as a distressed facility, including mandatory | ||||||
13 | revocations if criteria can be agreed upon by the Department, | ||||||
14 | resident advocates, and representatives of the nursing home | ||||||
15 | profession. By February 1, 2011, the Department shall report | ||||||
16 | to the General Assembly on the results of negotiations about | ||||||
17 | creating criteria for mandatory license revocations of | ||||||
18 | distressed facilities and make recommendations about any | ||||||
19 | statutory changes it believes are appropriate to protect the | ||||||
20 | health, safety, and welfare of nursing home residents. | ||||||
21 | (i) The Department may establish, by rule, criteria for | ||||||
22 | restricting an owner of a facility from acquiring additional | ||||||
23 | nursing facilities if the facility was placed on the | ||||||
24 | distressed list while it was owned by that owner. The | ||||||
25 | Department may not prohibit an owner who acquires ownership of | ||||||
26 | a facility that is already on the distressed facility list |
| |||||||
| |||||||
1 | before the owner's acquisition of the facility from acquiring | ||||||
2 | additional skilled nursing facilities. | ||||||
3 | (j) This Section does not apply to homes, institutions, or | ||||||
4 | other places operated by or under the authority of the | ||||||
5 | Illinois Department of Veterans Veterans' Affairs as these | ||||||
6 | facilities are certified by the United States Department of | ||||||
7 | Veterans Affairs and not the Centers for Medicare and Medicaid | ||||||
8 | Services. | ||||||
9 | (Source: P.A. 103-139, eff. 1-1-24 .)
| ||||||
10 | (210 ILCS 45/3-308.5) | ||||||
11 | Sec. 3-308.5. Facilities operated by Department of | ||||||
12 | Veterans Veterans' Affairs; penalty offset. | ||||||
13 | (a) In the case of a veterans home, institution, or other | ||||||
14 | place operated by or under the authority of the Illinois | ||||||
15 | Department of Veterans Veterans' Affairs, the amount of any | ||||||
16 | penalty or fine shall be offset by the cost of the plan of | ||||||
17 | correction, capital improvements, or physical plant repairs. | ||||||
18 | For purposes of this Section only, "offset" means that the | ||||||
19 | amount that the Illinois Department of Veterans Veterans' | ||||||
20 | Affairs expends to pay for the cost of a plan of correction | ||||||
21 | shall be deemed by the Illinois Department of Public Health to | ||||||
22 | fully satisfy any monetary penalty or fine imposed by the | ||||||
23 | Department of Public Health. Once a fine or monetary penalty | ||||||
24 | is offset pursuant to this Section, in no case may the | ||||||
25 | Department of Public Health, with respect to the offense for |
| |||||||
| |||||||
1 | which the fine or penalty was levied, continue to purport to | ||||||
2 | impose a fine or monetary penalty upon the Department of | ||||||
3 | Veterans Veterans' Affairs for that violation. | ||||||
4 | (b) The Director of Public Health shall issue a | ||||||
5 | Declaration to the Director of Veterans Veterans' Affairs | ||||||
6 | confirming the citation of each Type "A" violation and request | ||||||
7 | that immediate action be taken to protect the health and | ||||||
8 | safety of the veterans in the facility. | ||||||
9 | (Source: P.A. 96-703, eff. 8-25-09.)
| ||||||
10 | Section 250. The MC/DD Act is amended by changing Section | ||||||
11 | 1-113 as follows:
| ||||||
12 | (210 ILCS 46/1-113) | ||||||
13 | Sec. 1-113. Facility. "MC/DD facility" or "facility" | ||||||
14 | means a medically complex for the developmentally disabled | ||||||
15 | facility, whether operated for profit or not, which provides, | ||||||
16 | through its ownership or management, personal care or nursing | ||||||
17 | for 3 or more persons not related to the applicant or owner by | ||||||
18 | blood or marriage. | ||||||
19 | "Facility" does not include the following: | ||||||
20 | (1) A home, institution, or other place operated by | ||||||
21 | the federal government or agency thereof, or by the State | ||||||
22 | of Illinois, other than homes, institutions, or other | ||||||
23 | places operated by or under the authority of the Illinois | ||||||
24 | Department of Veterans Veterans' Affairs; |
| |||||||
| |||||||
1 | (2) A hospital, sanitarium, or other institution whose | ||||||
2 | principal activity or business is the diagnosis, care, and | ||||||
3 | treatment of human illness through the maintenance and | ||||||
4 | operation as organized facilities therefore, which is | ||||||
5 | required to be licensed under the Hospital Licensing Act; | ||||||
6 | (3) Any "facility for child care" as defined in the | ||||||
7 | Child Care Act of 1969; | ||||||
8 | (4) Any "community living facility" as defined in the | ||||||
9 | Community Living Facilities Licensing Act; | ||||||
10 | (5) Any "community residential alternative" as defined | ||||||
11 | in the Community Residential Alternatives Licensing Act; | ||||||
12 | (6) Any nursing home or sanatorium operated solely by | ||||||
13 | and for persons who rely exclusively upon treatment by | ||||||
14 | spiritual means through prayer, in accordance with the | ||||||
15 | creed or tenets of any well recognized church or religious | ||||||
16 | denomination. However, such nursing home or sanatorium | ||||||
17 | shall comply with all local laws and rules relating to | ||||||
18 | sanitation and safety; | ||||||
19 | (7) Any facility licensed by the Department of Human | ||||||
20 | Services as a community-integrated living arrangement as | ||||||
21 | defined in the Community-Integrated Living Arrangements | ||||||
22 | Licensure and Certification Act; | ||||||
23 | (8) Any facility licensed under the Nursing Home Care | ||||||
24 | Act; | ||||||
25 | (9) Any ID/DD facility under the ID/DD Community Care | ||||||
26 | Act; |
| |||||||
| |||||||
1 | (10) Any "supportive residence" licensed under the | ||||||
2 | Supportive Residences Licensing Act; | ||||||
3 | (11) Any "supportive living facility" in good standing | ||||||
4 | with the program established under Section 5-5.01a of the | ||||||
5 | Illinois Public Aid Code, except only for purposes of the | ||||||
6 | employment of persons in accordance with Section 3-206.01; | ||||||
7 | (12) Any assisted living or shared housing | ||||||
8 | establishment licensed under the Assisted Living and | ||||||
9 | Shared Housing Act, except only for purposes of the | ||||||
10 | employment of persons in accordance with Section 3-206.01; | ||||||
11 | (13) An Alzheimer's disease management center | ||||||
12 | alternative health care model licensed under the | ||||||
13 | Alternative Health Care Delivery Act; or | ||||||
14 | (14) A home, institution, or other place operated by | ||||||
15 | or under the authority of the Illinois Department of | ||||||
16 | Veterans Veterans' Affairs. | ||||||
17 | (Source: P.A. 99-180, eff. 7-29-15.)
| ||||||
18 | Section 255. The ID/DD Community Care Act is amended by | ||||||
19 | changing Section 1-113 as follows:
| ||||||
20 | (210 ILCS 47/1-113) | ||||||
21 | Sec. 1-113. Facility. "ID/DD facility" or "facility" | ||||||
22 | means an intermediate care facility for persons with | ||||||
23 | developmental disabilities, whether operated for profit or | ||||||
24 | not, which provides, through its ownership or management, |
| |||||||
| |||||||
1 | personal care or nursing for 3 or more persons not related to | ||||||
2 | the applicant or owner by blood or marriage. It includes | ||||||
3 | intermediate care facilities for the intellectually disabled | ||||||
4 | as the term is defined in Title XVIII and Title XIX of the | ||||||
5 | federal Social Security Act. | ||||||
6 | "Facility" does not include the following: | ||||||
7 | (1) A home, institution, or other place operated by | ||||||
8 | the federal government or agency thereof, or by the State | ||||||
9 | of Illinois, other than homes, institutions, or other | ||||||
10 | places operated by or under the authority of the Illinois | ||||||
11 | Department of Veterans Veterans' Affairs; | ||||||
12 | (2) A hospital, sanitarium, or other institution whose | ||||||
13 | principal activity or business is the diagnosis, care, and | ||||||
14 | treatment of human illness through the maintenance and | ||||||
15 | operation as organized facilities therefore, which is | ||||||
16 | required to be licensed under the Hospital Licensing Act; | ||||||
17 | (3) Any "facility for child care" as defined in the | ||||||
18 | Child Care Act of 1969; | ||||||
19 | (4) Any "community living facility" as defined in the | ||||||
20 | Community Living Facilities Licensing Act; | ||||||
21 | (5) Any "community residential alternative" as defined | ||||||
22 | in the Community Residential Alternatives Licensing Act; | ||||||
23 | (6) Any nursing home or sanatorium operated solely by | ||||||
24 | and for persons who rely exclusively upon treatment by | ||||||
25 | spiritual means through prayer, in accordance with the | ||||||
26 | creed or tenets of any well recognized church or religious |
| |||||||
| |||||||
1 | denomination. However, such nursing home or sanatorium | ||||||
2 | shall comply with all local laws and rules relating to | ||||||
3 | sanitation and safety; | ||||||
4 | (7) Any facility licensed by the Department of Human | ||||||
5 | Services as a community-integrated living arrangement as | ||||||
6 | defined in the Community-Integrated Living Arrangements | ||||||
7 | Licensure and Certification Act; | ||||||
8 | (8) Any "supportive residence" licensed under the | ||||||
9 | Supportive Residences Licensing Act; | ||||||
10 | (9) Any "supportive living facility" in good standing | ||||||
11 | with the program established under Section 5-5.01a of the | ||||||
12 | Illinois Public Aid Code, except only for purposes of the | ||||||
13 | employment of persons in accordance with Section 3-206.01; | ||||||
14 | (10) Any assisted living or shared housing | ||||||
15 | establishment licensed under the Assisted Living and | ||||||
16 | Shared Housing Act, except only for purposes of the | ||||||
17 | employment of persons in accordance with Section 3-206.01; | ||||||
18 | (11) An Alzheimer's disease management center | ||||||
19 | alternative health care model licensed under the | ||||||
20 | Alternative Health Care Delivery Act; | ||||||
21 | (12) A home, institution, or other place operated by | ||||||
22 | or under the authority of the Illinois Department of | ||||||
23 | Veterans Veterans' Affairs; or | ||||||
24 | (13) Any MC/DD facility licensed under the MC/DD Act. | ||||||
25 | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; | ||||||
26 | 99-642, eff. 7-28-16.)
|
| |||||||
| |||||||
1 | Section 260. The Specialized Mental Health Rehabilitation | ||||||
2 | Act of 2013 is amended by changing Section 1-102 as follows:
| ||||||
3 | (210 ILCS 49/1-102) | ||||||
4 | Sec. 1-102. Definitions. For the purposes of this Act, | ||||||
5 | unless the context otherwise requires: | ||||||
6 | "Abuse" means any physical or mental injury or sexual | ||||||
7 | assault inflicted on a consumer other than by accidental means | ||||||
8 | in a facility. | ||||||
9 | "Accreditation" means any of the following: | ||||||
10 | (1) the Joint Commission; | ||||||
11 | (2) the Commission on Accreditation of Rehabilitation | ||||||
12 | Facilities; | ||||||
13 | (3) the Healthcare Facilities Accreditation Program; | ||||||
14 | or | ||||||
15 | (4) any other national standards of care as approved | ||||||
16 | by the Department. | ||||||
17 | "APRN" means an Advanced Practice Registered Nurse, | ||||||
18 | nationally certified as a mental health or psychiatric nurse | ||||||
19 | practitioner and licensed under the Nurse Practice Act. | ||||||
20 | "Applicant" means any person making application for a | ||||||
21 | license or a provisional license under this Act. | ||||||
22 | "Consumer" means a person, 18 years of age or older, | ||||||
23 | admitted to a mental health rehabilitation facility for | ||||||
24 | evaluation, observation, diagnosis, treatment, stabilization, |
| |||||||
| |||||||
1 | recovery, and rehabilitation. | ||||||
2 | "Consumer" does not mean any of the following: | ||||||
3 | (i) an individual requiring a locked setting; | ||||||
4 | (ii) an individual requiring psychiatric | ||||||
5 | hospitalization because of an acute psychiatric crisis; | ||||||
6 | (iii) an individual under 18 years of age; | ||||||
7 | (iv) an individual who is actively suicidal or violent | ||||||
8 | toward others; | ||||||
9 | (v) an individual who has been found unfit to stand | ||||||
10 | trial and is currently subject to a court order requiring | ||||||
11 | placement in secure inpatient care in the custody of the | ||||||
12 | Department of Human Services pursuant to Section 104-17 of | ||||||
13 | the Code of Criminal Procedure of 1963; | ||||||
14 | (vi) an individual who has been found not guilty by | ||||||
15 | reason of insanity and is currently subject to a court | ||||||
16 | order requiring placement in secure inpatient care in the | ||||||
17 | custody of the Department of Human Services pursuant to | ||||||
18 | Section 5-2-4 of the Unified Code of Corrections; | ||||||
19 | (vii) an individual subject to temporary detention and | ||||||
20 | examination under Section 3-607 of the Mental Health and | ||||||
21 | Developmental Disabilities Code; | ||||||
22 | (viii) an individual deemed clinically appropriate for | ||||||
23 | inpatient admission in a State psychiatric hospital; and | ||||||
24 | (ix) an individual transferred by the Department of | ||||||
25 | Corrections pursuant to Section 3-8-5 of the Unified Code | ||||||
26 | of Corrections. |
| |||||||
| |||||||
1 | "Consumer record" means a record that organizes all | ||||||
2 | information on the care, treatment, and rehabilitation | ||||||
3 | services rendered to a consumer in a specialized mental health | ||||||
4 | rehabilitation facility. | ||||||
5 | "Controlled drugs" means those drugs covered under the | ||||||
6 | federal Comprehensive Drug Abuse Prevention Control Act of | ||||||
7 | 1970, as amended, or the Illinois Controlled Substances Act. | ||||||
8 | "Department" means the Department of Public Health. | ||||||
9 | "Discharge" means the full release of any consumer from a | ||||||
10 | facility. | ||||||
11 | "Drug administration" means the act in which a single dose | ||||||
12 | of a prescribed drug or biological is given to a consumer. The | ||||||
13 | complete act of administration entails removing an individual | ||||||
14 | dose from a container, verifying the dose with the | ||||||
15 | prescriber's orders, giving the individual dose to the | ||||||
16 | consumer, and promptly recording the time and dose given. | ||||||
17 | "Drug dispensing" means the act entailing the following of | ||||||
18 | a prescription order for a drug or biological and proper | ||||||
19 | selection, measuring, packaging, labeling, and issuance of the | ||||||
20 | drug or biological to a consumer. | ||||||
21 | "Emergency" means a situation, physical condition, or one | ||||||
22 | or more practices, methods, or operations which present | ||||||
23 | imminent danger of death or serious physical or mental harm to | ||||||
24 | consumers of a facility. | ||||||
25 | "Facility" means a specialized mental health | ||||||
26 | rehabilitation facility that provides at least one of the |
| |||||||
| |||||||
1 | following services: (1) triage center; (2) crisis | ||||||
2 | stabilization; (3) recovery and rehabilitation supports; or | ||||||
3 | (4) transitional living units for 3 or more persons. The | ||||||
4 | facility shall provide a 24-hour program that provides | ||||||
5 | intensive support and recovery services designed to assist | ||||||
6 | persons, 18 years or older, with mental disorders to develop | ||||||
7 | the skills to become self-sufficient and capable of increasing | ||||||
8 | levels of independent functioning. It includes facilities that | ||||||
9 | meet the following criteria: | ||||||
10 | (1) 100% of the consumer population of the facility | ||||||
11 | has a diagnosis of serious mental illness; | ||||||
12 | (2) no more than 15% of the consumer population of the | ||||||
13 | facility is 65 years of age or older; | ||||||
14 | (3) none of the consumers are non-ambulatory; | ||||||
15 | (4) none of the consumers have a primary diagnosis of | ||||||
16 | moderate, severe, or profound intellectual disability; and | ||||||
17 | (5) the facility must have been licensed under the | ||||||
18 | Specialized Mental Health Rehabilitation Act or the | ||||||
19 | Nursing Home Care Act immediately preceding July 22, 2013 | ||||||
20 | (the effective date of this Act) and qualifies as an | ||||||
21 | institute for mental disease under the federal definition | ||||||
22 | of the term. | ||||||
23 | "Facility" does not include the following: | ||||||
24 | (1) a home, institution, or place operated by the | ||||||
25 | federal government or agency thereof, or by the State of | ||||||
26 | Illinois; |
| |||||||
| |||||||
1 | (2) a hospital, sanitarium, or other institution whose | ||||||
2 | principal activity or business is the diagnosis, care, and | ||||||
3 | treatment of human illness through the maintenance and | ||||||
4 | operation as organized facilities therefor which is | ||||||
5 | required to be licensed under the Hospital Licensing Act; | ||||||
6 | (3) a facility for child care as defined in the Child | ||||||
7 | Care Act of 1969; | ||||||
8 | (4) a community living facility as defined in the | ||||||
9 | Community Living Facilities Licensing Act; | ||||||
10 | (5) a nursing home or sanitarium operated solely by | ||||||
11 | and for persons who rely exclusively upon treatment by | ||||||
12 | spiritual means through prayer, in accordance with the | ||||||
13 | creed or tenets of any well-recognized church or religious | ||||||
14 | denomination; however, such nursing home or sanitarium | ||||||
15 | shall comply with all local laws and rules relating to | ||||||
16 | sanitation and safety; | ||||||
17 | (6) a facility licensed by the Department of Human | ||||||
18 | Services as a community-integrated living arrangement as | ||||||
19 | defined in the Community-Integrated Living Arrangements | ||||||
20 | Licensure and Certification Act; | ||||||
21 | (7) a supportive residence licensed under the | ||||||
22 | Supportive Residences Licensing Act; | ||||||
23 | (8) a supportive living facility in good standing with | ||||||
24 | the program established under Section 5-5.01a of the | ||||||
25 | Illinois Public Aid Code, except only for purposes of the | ||||||
26 | employment of persons in accordance with Section 3-206.01 |
| |||||||
| |||||||
1 | of the Nursing Home Care Act; | ||||||
2 | (9) an assisted living or shared housing establishment | ||||||
3 | licensed under the Assisted Living and Shared Housing Act, | ||||||
4 | except only for purposes of the employment of persons in | ||||||
5 | accordance with Section 3-206.01 of the Nursing Home Care | ||||||
6 | Act; | ||||||
7 | (10) an Alzheimer's disease management center | ||||||
8 | alternative health care model licensed under the | ||||||
9 | Alternative Health Care Delivery Act; | ||||||
10 | (11) a home, institution, or other place operated by | ||||||
11 | or under the authority of the Illinois Department of | ||||||
12 | Veterans Veterans' Affairs; | ||||||
13 | (12) a facility licensed under the ID/DD Community | ||||||
14 | Care Act; | ||||||
15 | (13) a facility licensed under the Nursing Home Care | ||||||
16 | Act after July 22, 2013 (the effective date of this Act); | ||||||
17 | or | ||||||
18 | (14) a facility licensed under the MC/DD Act. | ||||||
19 | "Executive director" means a person who is charged with | ||||||
20 | the general administration and supervision of a facility | ||||||
21 | licensed under this Act and who is a licensed nursing home | ||||||
22 | administrator, licensed practitioner of the healing arts, or | ||||||
23 | qualified mental health professional. | ||||||
24 | "Guardian" means a person appointed as a guardian of the | ||||||
25 | person or guardian of the estate, or both, of a consumer under | ||||||
26 | the Probate Act of 1975. |
| |||||||
| |||||||
1 | "Identified offender" means a person who meets any of the | ||||||
2 | following criteria: | ||||||
3 | (1) Has been convicted of, found guilty of, | ||||||
4 | adjudicated delinquent for, found not guilty by reason of | ||||||
5 | insanity for, or found unfit to stand trial for, any | ||||||
6 | felony offense listed in Section 25 of the Health Care | ||||||
7 | Worker Background Check Act, except for the following: | ||||||
8 | (i) a felony offense described in Section 10-5 of | ||||||
9 | the Nurse Practice Act; | ||||||
10 | (ii) a felony offense described in Section 4, 5, | ||||||
11 | 6, 8, or 17.02 of the Illinois Credit Card and Debit | ||||||
12 | Card Act; | ||||||
13 | (iii) a felony offense described in Section 5, | ||||||
14 | 5.1, 5.2, 7, or 9 of the Cannabis Control Act; | ||||||
15 | (iv) a felony offense described in Section 401, | ||||||
16 | 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois | ||||||
17 | Controlled Substances Act; and | ||||||
18 | (v) a felony offense described in the | ||||||
19 | Methamphetamine Control and Community Protection Act. | ||||||
20 | (2) Has been convicted of, adjudicated delinquent for, | ||||||
21 | found not guilty by reason of insanity for, or found unfit | ||||||
22 | to stand trial for any sex offense as defined in | ||||||
23 | subsection (c) of Section 10 of the Sex Offender | ||||||
24 | Management Board Act. | ||||||
25 | "Transitional living units" are residential units within a | ||||||
26 | facility that have the purpose of assisting the consumer in |
| |||||||
| |||||||
1 | developing and reinforcing the necessary skills to live | ||||||
2 | independently outside of the facility. The duration of stay in | ||||||
3 | such a setting shall not exceed 120 days for each consumer. | ||||||
4 | Nothing in this definition shall be construed to be a | ||||||
5 | prerequisite for transitioning out of a facility. | ||||||
6 | "Licensee" means the person, persons, firm, partnership, | ||||||
7 | association, organization, company, corporation, or business | ||||||
8 | trust to which a license has been issued. | ||||||
9 | "Misappropriation of a consumer's property" means the | ||||||
10 | deliberate misplacement, exploitation, or wrongful temporary | ||||||
11 | or permanent use of a consumer's belongings or money without | ||||||
12 | the consent of a consumer or his or her guardian. | ||||||
13 | "Neglect" means a facility's failure to provide, or | ||||||
14 | willful withholding of, adequate medical care, mental health | ||||||
15 | treatment, psychiatric rehabilitation, personal care, or | ||||||
16 | assistance that is necessary to avoid physical harm and mental | ||||||
17 | anguish of a consumer. | ||||||
18 | "Personal care" means assistance with meals, dressing, | ||||||
19 | movement, bathing, or other personal needs, maintenance, or | ||||||
20 | general supervision and oversight of the physical and mental | ||||||
21 | well-being of an individual who is incapable of maintaining a | ||||||
22 | private, independent residence or who is incapable of managing | ||||||
23 | his or her person, whether or not a guardian has been appointed | ||||||
24 | for such individual. "Personal care" shall not be construed to | ||||||
25 | confine or otherwise constrain a facility's pursuit to develop | ||||||
26 | the skills and abilities of a consumer to become |
| |||||||
| |||||||
1 | self-sufficient and capable of increasing levels of | ||||||
2 | independent functioning. | ||||||
3 | "Recovery and rehabilitation supports" means a program | ||||||
4 | that facilitates a consumer's longer-term symptom management | ||||||
5 | and stabilization while preparing the consumer for | ||||||
6 | transitional living units by improving living skills and | ||||||
7 | community socialization. The duration of stay in such a | ||||||
8 | setting shall be established by the Department by rule. | ||||||
9 | "Restraint" means: | ||||||
10 | (i) a physical restraint that is any manual method or | ||||||
11 | physical or mechanical device, material, or equipment | ||||||
12 | attached or adjacent to a consumer's body that the | ||||||
13 | consumer cannot remove easily and restricts freedom of | ||||||
14 | movement or normal access to one's body; devices used for | ||||||
15 | positioning, including, but not limited to, bed rails, | ||||||
16 | gait belts, and cushions, shall not be considered to be | ||||||
17 | restraints for purposes of this Section; or | ||||||
18 | (ii) a chemical restraint that is any drug used for | ||||||
19 | discipline or convenience and not required to treat | ||||||
20 | medical symptoms; the Department shall, by rule, designate | ||||||
21 | certain devices as restraints, including at least all | ||||||
22 | those devices that have been determined to be restraints | ||||||
23 | by the United States Department of Health and Human | ||||||
24 | Services in interpretive guidelines issued for the | ||||||
25 | purposes of administering Titles XVIII and XIX of the | ||||||
26 | federal Social Security Act. For the purposes of this Act, |
| |||||||
| |||||||
1 | restraint shall be administered only after utilizing a | ||||||
2 | coercive free environment and culture. | ||||||
3 | "Self-administration of medication" means consumers shall | ||||||
4 | be responsible for the control, management, and use of their | ||||||
5 | own medication. | ||||||
6 | "Crisis stabilization" means a secure and separate unit | ||||||
7 | that provides short-term behavioral, emotional, or psychiatric | ||||||
8 | crisis stabilization as an alternative to hospitalization or | ||||||
9 | re-hospitalization for consumers from residential or community | ||||||
10 | placement. The duration of stay in such a setting shall not | ||||||
11 | exceed 21 days for each consumer. | ||||||
12 | "Therapeutic separation" means the removal of a consumer | ||||||
13 | from the milieu to a room or area which is designed to aid in | ||||||
14 | the emotional or psychiatric stabilization of that consumer. | ||||||
15 | "Triage center" means a non-residential 23-hour center | ||||||
16 | that serves as an alternative to emergency room care, | ||||||
17 | hospitalization, or re-hospitalization for consumers in need | ||||||
18 | of short-term crisis stabilization. Consumers may access a | ||||||
19 | triage center from a number of referral sources, including | ||||||
20 | family, emergency rooms, hospitals, community behavioral | ||||||
21 | health providers, federally qualified health providers, or | ||||||
22 | schools, including colleges or universities. A triage center | ||||||
23 | may be located in a building separate from the licensed | ||||||
24 | location of a facility, but shall not be more than 1,000 feet | ||||||
25 | from the licensed location of the facility and must meet all of | ||||||
26 | the facility standards applicable to the licensed location. If |
| |||||||
| |||||||
1 | the triage center does operate in a separate building, safety | ||||||
2 | personnel shall be provided, on site, 24 hours per day and the | ||||||
3 | triage center shall meet all other staffing requirements | ||||||
4 | without counting any staff employed in the main facility | ||||||
5 | building. | ||||||
6 | (Source: P.A. 102-1053, eff. 6-10-22; 102-1118, eff. 1-18-23.)
| ||||||
7 | Section 275. The Health Care Violence Prevention Act is | ||||||
8 | amended by changing Section 5 as follows:
| ||||||
9 | (210 ILCS 160/5) | ||||||
10 | Sec. 5. Definitions. As used in this Act: | ||||||
11 | "Committed person" means a person who is in the custody of | ||||||
12 | or under the control of a custodial agency, including, but not | ||||||
13 | limited to, a person who is incarcerated, under arrest, | ||||||
14 | detained, or otherwise under the physical control of a | ||||||
15 | custodial agency. | ||||||
16 | "Custodial agency" means the Illinois Department of | ||||||
17 | Corrections, the Illinois State Police, the sheriff of a | ||||||
18 | county, a county jail, a correctional institution, or any | ||||||
19 | other State agency, municipality, or unit of local government | ||||||
20 | that employs personnel designated as police, peace officers, | ||||||
21 | wardens, corrections officers, or guards or that employs | ||||||
22 | personnel vested by law with the power to place or maintain a | ||||||
23 | person in custody. | ||||||
24 | "Health care provider" means a retail health care |
| |||||||
| |||||||
1 | facility, a hospital subject to the Hospital Licensing Act or | ||||||
2 | the University of Illinois Hospital Act, or a veterans home as | ||||||
3 | defined in the Department of Veterans Veterans' Affairs Act. | ||||||
4 | "Health care worker" means nursing assistants and other | ||||||
5 | support personnel, any individual licensed under the laws of | ||||||
6 | this State to provide health services, including but not | ||||||
7 | limited to: dentists licensed under the Illinois Dental | ||||||
8 | Practice Act; dental hygienists licensed under the Illinois | ||||||
9 | Dental Practice Act; nurses and advanced practice registered | ||||||
10 | nurses licensed under the Nurse Practice Act; occupational | ||||||
11 | therapists licensed under the Illinois Occupational Therapy | ||||||
12 | Practice Act; optometrists licensed under the Illinois | ||||||
13 | Optometric Practice Act of 1987; pharmacists licensed under | ||||||
14 | the Pharmacy Practice Act; physical therapists licensed under | ||||||
15 | the Illinois Physical Therapy Act; physicians licensed under | ||||||
16 | the Medical Practice Act of 1987; physician assistants | ||||||
17 | licensed under the Physician Assistant Practice Act of 1987; | ||||||
18 | podiatric physicians licensed under the Podiatric Medical | ||||||
19 | Practice Act of 1987; clinical psychologists licensed under | ||||||
20 | the Clinical Psychologist Licensing Act; clinical social | ||||||
21 | workers licensed under the Clinical Social Work and Social | ||||||
22 | Work Practice Act; speech-language pathologists and | ||||||
23 | audiologists licensed under the Illinois Speech-Language | ||||||
24 | Pathology and Audiology Practice Act; or hearing instrument | ||||||
25 | dispensers licensed under the Hearing Instrument Consumer | ||||||
26 | Protection Act, or any of their successor Acts. |
| |||||||
| |||||||
1 | "Nurse" means a person who is licensed to practice nursing | ||||||
2 | under the Nurse Practice Act. | ||||||
3 | "Retail health care facility" means an institution, place, | ||||||
4 | or building, or any portion thereof, that: | ||||||
5 | (1) is devoted to the maintenance and operation of a | ||||||
6 | facility for the performance of health care services and | ||||||
7 | is located within a retail store at a specific location; | ||||||
8 | (2) does not provide surgical services or any form of | ||||||
9 | general anesthesia; | ||||||
10 | (3) does not provide beds or other accommodations for | ||||||
11 | either the long-term or overnight stay of patients; and | ||||||
12 | (4) discharges individual patients in an ambulatory | ||||||
13 | condition without danger to the continued well-being of | ||||||
14 | the patients and transfers non-ambulatory patients to | ||||||
15 | hospitals. | ||||||
16 | "Retail health care facility" does not include hospitals, | ||||||
17 | long-term care facilities, ambulatory treatment centers, blood | ||||||
18 | banks, clinical laboratories, offices of physicians, advanced | ||||||
19 | practice registered nurses, podiatrists, and physician | ||||||
20 | assistants, and pharmacies that provide limited health care | ||||||
21 | services. | ||||||
22 | (Source: P.A. 100-1051, eff. 1-1-19 .)
| ||||||
23 | Section 280. The Essential Support Person Act is amended | ||||||
24 | by changing Section 5 as follows:
|
| |||||||
| |||||||
1 | (210 ILCS 175/5) | ||||||
2 | Sec. 5. Definitions. In this Act: | ||||||
3 | "Department" means the Department of Public Health. | ||||||
4 | "Essential support" means support that includes, but is | ||||||
5 | not limited to: | ||||||
6 | (1) assistance with activities of daily living; and | ||||||
7 | (2) physical, emotional, psychological, and | ||||||
8 | socialization support for the resident. | ||||||
9 | "Facility" means any of the following: a facility as | ||||||
10 | defined in Section 10 of the Alzheimer's Disease and Related | ||||||
11 | Dementias Special Care Disclosure Act; an assisted living | ||||||
12 | establishment or shared housing establishment as defined in | ||||||
13 | Section 10 of the Assisted Living and Shared Housing Act; a | ||||||
14 | Community Living Facility as defined in Section 3 of the | ||||||
15 | Community Living Facilities Licensing Act; a facility as | ||||||
16 | defined in Section 2 of the Life Care Facilities Act; a | ||||||
17 | continuum of care facility as defined in Section 10 of the | ||||||
18 | Continuum of Care Services for the Developmentally Disabled | ||||||
19 | Act; a facility as defined in Section 1-113 of the Nursing Home | ||||||
20 | Care Act; a MC/DD facility as defined in Section 1-113 of the | ||||||
21 | MC/DD Act; an ID/DD facility as defined in Section 1-113 of the | ||||||
22 | ID/DD Community Care Act; a hospice program as defined in | ||||||
23 | Section 3 of the Hospice Program Licensing Act; a Supportive | ||||||
24 | Residence as defined in Section 10 of the Supportive | ||||||
25 | Residences Licensing Act; a facility as defined in Section | ||||||
26 | 1-102 of the Specialized Mental Health Rehabilitation Act of |
| |||||||
| |||||||
1 | 2013; a home, institution, or other place operated by or under | ||||||
2 | the authority of the Department of Veterans Veterans' Affairs; | ||||||
3 | an Alzheimer's disease management center alternative health | ||||||
4 | care model under the Alternative Health Care Delivery Act; and | ||||||
5 | a home, institution, or other place that is a State-operated | ||||||
6 | mental health or developmental disability center or facility. | ||||||
7 | "Facility" does not include a hospital as defined in the | ||||||
8 | Hospital Licensing Act or any hospital authorized under the | ||||||
9 | University of Illinois Hospital Act. "Facility" does not | ||||||
10 | include any facility that the Department of Public Health or | ||||||
11 | the Department of Veterans Veterans' Affairs does not | ||||||
12 | regulate. | ||||||
13 | "Office" means the Office of State Long Term Care | ||||||
14 | Ombudsman. | ||||||
15 | "Person-centered care plan" means a care plan for a | ||||||
16 | resident developed by the resident or resident's | ||||||
17 | representative in consultation with health professionals that | ||||||
18 | focuses on the resident's physical, emotional, psychological, | ||||||
19 | and socialization needs and describes the resident's right to | ||||||
20 | designate a primary essential support person or secondary | ||||||
21 | essential support person. | ||||||
22 | "Primary essential support person" means a person | ||||||
23 | designated by a resident, or the resident's representative, | ||||||
24 | who has access to the resident in accordance with rules set by | ||||||
25 | the Department to provide essential support according to the | ||||||
26 | resident's person-centered care plan. |
| |||||||
| |||||||
1 | "Resident" means a person who is living in a facility or is | ||||||
2 | seeking admission to a facility. "Resident" includes a | ||||||
3 | guardian of the person or an agent for the person under a power | ||||||
4 | of attorney. | ||||||
5 | "Secondary essential support person" means a person | ||||||
6 | designated by the resident, or the resident's representative, | ||||||
7 | to serve as a backup to a primary essential support person. | ||||||
8 | (Source: P.A. 103-261, eff. 6-30-23.)
| ||||||
9 | Section 285. The Illinois Insurance Code is amended by | ||||||
10 | changing Section 356z.12 as follows:
| ||||||
11 | (215 ILCS 5/356z.12) | ||||||
12 | Sec. 356z.12. Dependent coverage. | ||||||
13 | (a) A group or individual policy of accident and health | ||||||
14 | insurance or managed care plan that provides coverage for | ||||||
15 | dependents and that is amended, delivered, issued, or renewed | ||||||
16 | after the effective date of this amendatory Act of the 95th | ||||||
17 | General Assembly shall not terminate coverage or deny the | ||||||
18 | election of coverage for an unmarried dependent by reason of | ||||||
19 | the dependent's age before the dependent's 26th birthday. | ||||||
20 | (b) A policy or plan subject to this Section shall, upon | ||||||
21 | amendment, delivery, issuance, or renewal, establish an | ||||||
22 | initial enrollment period of not less than 90 days during | ||||||
23 | which an insured may make a written election for coverage of an | ||||||
24 | unmarried person as a dependent under this Section. After the |
| |||||||
| |||||||
1 | initial enrollment period, enrollment by a dependent pursuant | ||||||
2 | to this Section shall be consistent with the enrollment terms | ||||||
3 | of the plan or policy. | ||||||
4 | (c) A policy or plan subject to this Section shall allow | ||||||
5 | for dependent coverage during the annual open enrollment date | ||||||
6 | or the annual renewal date if the dependent, as of the date on | ||||||
7 | which the insured elects dependent coverage under this | ||||||
8 | subsection, has: | ||||||
9 | (1) a period of continuous creditable coverage of 90 | ||||||
10 | days or more; and | ||||||
11 | (2) not been without creditable coverage for more than | ||||||
12 | 63 days. | ||||||
13 | An insured may elect coverage for a dependent who does not meet | ||||||
14 | the continuous creditable coverage requirements of this | ||||||
15 | subsection (c) and that dependent shall not be denied coverage | ||||||
16 | due to age. | ||||||
17 | For purposes of this subsection (c), "creditable coverage" | ||||||
18 | shall have the meaning provided under subsection (C)(1) of | ||||||
19 | Section 20 of the Illinois Health Insurance Portability and | ||||||
20 | Accountability Act. | ||||||
21 | (d) Military personnel. A group or individual policy of | ||||||
22 | accident and health insurance or managed care plan that | ||||||
23 | provides coverage for dependents and that is amended, | ||||||
24 | delivered, issued, or renewed after the effective date of this | ||||||
25 | amendatory Act of the 95th General Assembly shall not | ||||||
26 | terminate coverage or deny the election of coverage for an |
| |||||||
| |||||||
1 | unmarried dependent by reason of the dependent's age before | ||||||
2 | the dependent's 30th birthday if the dependent (i) is an | ||||||
3 | Illinois resident, (ii) served as a member of the active or | ||||||
4 | reserve components of any of the branches of the Armed Forces | ||||||
5 | of the United States, and (iii) has received a release or | ||||||
6 | discharge other than a dishonorable discharge. To be eligible | ||||||
7 | for coverage under this subsection (d), the eligible dependent | ||||||
8 | shall submit to the insurer a form approved by the Illinois | ||||||
9 | Department of Veterans Veterans' Affairs stating the date on | ||||||
10 | which the dependent was released from service. | ||||||
11 | (e) Calculation of the cost of coverage provided to an | ||||||
12 | unmarried dependent under this Section shall be identical. | ||||||
13 | (f) Nothing in this Section shall prohibit an employer | ||||||
14 | from requiring an employee to pay all or part of the cost of | ||||||
15 | coverage provided under this Section. | ||||||
16 | (g) No exclusions or limitations may be applied to | ||||||
17 | coverage elected pursuant to this Section that do not apply to | ||||||
18 | all dependents covered under the policy. | ||||||
19 | (h) A policy or plan subject to this Section shall not | ||||||
20 | condition eligibility for dependent coverage provided pursuant | ||||||
21 | to this Section on enrollment in any educational institution. | ||||||
22 | (i) Notice regarding coverage for a dependent as provided | ||||||
23 | pursuant to this Section shall be provided to an insured by the | ||||||
24 | insurer: | ||||||
25 | (1) upon application or enrollment; | ||||||
26 | (2) in the certificate of coverage or equivalent |
| |||||||
| |||||||
1 | document prepared for an insured and delivered on or about | ||||||
2 | the date on which the coverage commences; and | ||||||
3 | (3) (blank). | ||||||
4 | (Source: P.A. 98-226, eff. 1-1-14.)
| ||||||
5 | Section 295. The Liquor Control Act of 1934 is amended by | ||||||
6 | changing Section 6-15 as follows:
| ||||||
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 | ||||||
11 | this 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 |
| |||||||
| |||||||
1 | issuance of the special use permit is authorized by the local | ||||||
2 | liquor control commissioner of the territory in which the | ||||||
3 | property is located, and (iii) the special use permit | ||||||
4 | authorizes the sale of alcoholic liquor for one day or less. | ||||||
5 | Alcoholic liquors may be delivered to and sold at any airport | ||||||
6 | belonging to or under the control of a municipality of more | ||||||
7 | than 25,000 inhabitants, or in any building or on any golf | ||||||
8 | course owned by a park district organized under the Park | ||||||
9 | District Code, subject to the approval of the governing board | ||||||
10 | of the district, or in any building or on any golf course owned | ||||||
11 | by a forest preserve district organized under the Downstate | ||||||
12 | Forest Preserve District Act, subject to the approval of the | ||||||
13 | governing board of the district, or on the grounds within 500 | ||||||
14 | feet of any building owned by a forest preserve district | ||||||
15 | organized under the Downstate Forest Preserve District Act | ||||||
16 | during times when food is dispensed for consumption within 500 | ||||||
17 | feet of the building from which the food is dispensed, subject | ||||||
18 | to the approval of the governing board of the district, or in a | ||||||
19 | building owned by a Local Mass Transit District organized | ||||||
20 | under the Local Mass Transit District Act, subject to the | ||||||
21 | approval of the governing Board of the District, or in | ||||||
22 | Bicentennial Park, or on the premises of the City of Mendota | ||||||
23 | Lake Park located adjacent to Route 51 in Mendota, Illinois, | ||||||
24 | or on the premises of Camden Park in Milan, Illinois, or in the | ||||||
25 | community center owned by the City of Loves Park that is | ||||||
26 | located at 1000 River Park Drive in Loves Park, Illinois, or, |
| |||||||
| |||||||
1 | in connection with the operation of an established food | ||||||
2 | serving facility during times when food is dispensed for | ||||||
3 | consumption on the premises, and at the following aquarium and | ||||||
4 | museums located in public parks: Art Institute of Chicago, | ||||||
5 | Chicago Academy of Sciences, Chicago Historical Society, Field | ||||||
6 | Museum of Natural History, Museum of Science and Industry, | ||||||
7 | DuSable Museum of African American History, John G. Shedd | ||||||
8 | Aquarium and Adler Planetarium, or at Lakeview Museum of Arts | ||||||
9 | and Sciences in Peoria, or in connection with the operation of | ||||||
10 | the facilities of the Chicago Zoological Society or the | ||||||
11 | Chicago Horticultural Society on land owned by the Forest | ||||||
12 | Preserve District of Cook County, or on any land used for a | ||||||
13 | golf course or for recreational purposes owned by the Forest | ||||||
14 | Preserve District of Cook County, subject to the control of | ||||||
15 | the Forest Preserve District Board of Commissioners and | ||||||
16 | applicable local law, provided that dram shop liability | ||||||
17 | insurance is provided at maximum coverage limits so as to hold | ||||||
18 | the District harmless from all financial loss, damage, and | ||||||
19 | harm, or in any building located on land owned by the Chicago | ||||||
20 | Park District if approved by the Park District Commissioners, | ||||||
21 | or on any land used for a golf course or for recreational | ||||||
22 | purposes and owned by the Illinois International Port District | ||||||
23 | if approved by the District's governing board, or at any | ||||||
24 | airport, golf course, faculty center, or facility in which | ||||||
25 | conference and convention type activities take place belonging | ||||||
26 | to or under control of any State university or public |
| |||||||
| |||||||
1 | community college district, provided that with respect to a | ||||||
2 | facility for conference and convention type activities | ||||||
3 | alcoholic liquors shall be limited to the use of the | ||||||
4 | convention or conference participants or participants in | ||||||
5 | cultural, political or educational activities held in such | ||||||
6 | facilities, and provided further that the faculty or staff of | ||||||
7 | the State university or a public community college district, | ||||||
8 | or members of an organization of students, alumni, faculty or | ||||||
9 | staff of the State university or a public community college | ||||||
10 | district are active participants in the conference or | ||||||
11 | convention, or in Memorial Stadium on the campus of the | ||||||
12 | University of Illinois at Urbana-Champaign during games in | ||||||
13 | which the Chicago Bears professional football team is playing | ||||||
14 | in that stadium during the renovation of Soldier Field, not | ||||||
15 | more than one and a half hours before the start of the game and | ||||||
16 | not after the end of the third quarter of the game, or in the | ||||||
17 | Pavilion Facility on the campus of the University of Illinois | ||||||
18 | at Chicago during games in which the Chicago Storm | ||||||
19 | professional soccer team is playing in that facility, not more | ||||||
20 | than one and a half hours before the start of the game and not | ||||||
21 | after the end of the third quarter of the game, or in the | ||||||
22 | Pavilion Facility on the campus of the University of Illinois | ||||||
23 | at Chicago during games in which the WNBA professional women's | ||||||
24 | basketball team is playing in that facility, not more than one | ||||||
25 | and a half hours before the start of the game and not after the | ||||||
26 | 10-minute mark of the second half of the game, or by a catering |
| |||||||
| |||||||
1 | establishment which has rented facilities from a board of | ||||||
2 | trustees of a public community college district, or in a | ||||||
3 | restaurant that is operated by a commercial tenant in the | ||||||
4 | North Campus Parking Deck building that (1) is located at 1201 | ||||||
5 | West University Avenue, Urbana, Illinois and (2) is owned by | ||||||
6 | the Board of Trustees of the University of Illinois, or, if | ||||||
7 | approved by the District board, on land owned by the | ||||||
8 | Metropolitan Sanitary District of Greater Chicago and leased | ||||||
9 | to others for a term of at least 20 years. Nothing in this | ||||||
10 | Section precludes the sale or delivery of alcoholic liquor in | ||||||
11 | the form of original packaged goods in premises located at 500 | ||||||
12 | S. Racine in Chicago belonging to the University of Illinois | ||||||
13 | and used primarily as a grocery store by a commercial tenant | ||||||
14 | during the term of a lease that predates the University's | ||||||
15 | acquisition of the premises; but the University shall have no | ||||||
16 | power or authority to renew, transfer, or extend the lease | ||||||
17 | with terms allowing the sale of alcoholic liquor; and the sale | ||||||
18 | of alcoholic liquor shall be subject to all local laws and | ||||||
19 | regulations. After the acquisition by Winnebago County of the | ||||||
20 | property located at 404 Elm Street in Rockford, a commercial | ||||||
21 | tenant who sold alcoholic liquor at retail on a portion of the | ||||||
22 | property under a valid license at the time of the acquisition | ||||||
23 | may continue to do so for so long as the tenant and the County | ||||||
24 | may agree under existing or future leases, subject to all | ||||||
25 | local laws and regulations regarding the sale of alcoholic | ||||||
26 | liquor. Alcoholic liquors may be delivered to and sold at |
| |||||||
| |||||||
1 | Memorial Hall, located at 211 North Main Street, Rockford, | ||||||
2 | under conditions approved by Winnebago County and subject to | ||||||
3 | all local laws and regulations regarding the sale of alcoholic | ||||||
4 | liquor. Each facility shall provide dram shop liability in | ||||||
5 | maximum insurance coverage limits so as to save harmless the | ||||||
6 | State, municipality, State university, airport, golf course, | ||||||
7 | faculty center, facility in which conference and convention | ||||||
8 | type activities take place, park district, Forest Preserve | ||||||
9 | District, public community college district, aquarium, museum, | ||||||
10 | or sanitary district from all financial loss, damage or harm. | ||||||
11 | Alcoholic liquors may be sold at retail in buildings of golf | ||||||
12 | courses owned by municipalities or Illinois State University | ||||||
13 | in connection with the operation of an established food | ||||||
14 | serving facility during times when food is dispensed for | ||||||
15 | consumption upon the premises. Alcoholic liquors may be | ||||||
16 | delivered to and sold at retail in any building owned by a fire | ||||||
17 | protection district organized under the Fire Protection | ||||||
18 | District Act, provided that such delivery and sale is approved | ||||||
19 | by the board of trustees of the district, and provided further | ||||||
20 | that such delivery and sale is limited to fundraising events | ||||||
21 | and to a maximum of 6 events per year. However, the limitation | ||||||
22 | to fundraising events and to a maximum of 6 events per year | ||||||
23 | does not apply to the delivery, sale, or manufacture of | ||||||
24 | alcoholic liquors at the building located at 59 Main Street in | ||||||
25 | Oswego, Illinois, owned by the Oswego Fire Protection District | ||||||
26 | if the alcoholic liquor is sold or dispensed as approved by the |
| |||||||
| |||||||
1 | Oswego Fire Protection District and the property is no longer | ||||||
2 | being utilized for fire protection purposes. | ||||||
3 | Alcoholic liquors may be served or sold in buildings under | ||||||
4 | the control of the Board of Trustees of the University of | ||||||
5 | Illinois for events that the Board may determine are public | ||||||
6 | events and not related student activities. The Board of | ||||||
7 | Trustees shall issue a written policy within 6 months of | ||||||
8 | August 15, 2008 (the effective date of Public Act 95-847) | ||||||
9 | concerning the types of events that would be eligible for an | ||||||
10 | exemption. Thereafter, the Board of Trustees may issue | ||||||
11 | revised, updated, new, or amended policies as it deems | ||||||
12 | necessary and appropriate. In preparing its written policy, | ||||||
13 | the Board of Trustees shall, among other factors it considers | ||||||
14 | relevant and important, give consideration to the following: | ||||||
15 | (i) whether the event is a student activity or student-related | ||||||
16 | student related activity; (ii) whether the physical setting of | ||||||
17 | the event is conducive to control of liquor sales and | ||||||
18 | distribution; (iii) the ability of the event operator to | ||||||
19 | ensure that the sale or serving of alcoholic liquors and the | ||||||
20 | demeanor of the participants are in accordance with State law | ||||||
21 | and University policies; (iv) regarding the anticipated | ||||||
22 | attendees at the event, the relative proportion of individuals | ||||||
23 | under the age of 21 to individuals age 21 or older; (v) the | ||||||
24 | ability of the venue operator to prevent the sale or | ||||||
25 | distribution of alcoholic liquors to individuals under the age | ||||||
26 | of 21; (vi) whether the event prohibits participants from |
| |||||||
| |||||||
1 | removing alcoholic beverages from the venue; and (vii) whether | ||||||
2 | the event prohibits participants from providing their own | ||||||
3 | alcoholic liquors to the venue. In addition, any policy | ||||||
4 | submitted by the Board of Trustees to the Illinois Liquor | ||||||
5 | Control Commission must require that any event at which | ||||||
6 | alcoholic liquors are served or sold in buildings under the | ||||||
7 | control of the Board of Trustees shall require the prior | ||||||
8 | written approval of the Office of the Chancellor for the | ||||||
9 | University campus where the event is located. The Board of | ||||||
10 | Trustees shall submit its policy, and any subsequently | ||||||
11 | revised, updated, new, or amended policies, to the Illinois | ||||||
12 | Liquor Control Commission, and any University event, or | ||||||
13 | location for an event, exempted under such policies shall | ||||||
14 | apply for a license under the applicable Sections of this Act. | ||||||
15 | Alcoholic liquors may be served or sold in buildings under | ||||||
16 | the control of the Board of Trustees of Northern Illinois | ||||||
17 | University for events that the Board may determine are public | ||||||
18 | events and not student-related activities. The Board of | ||||||
19 | Trustees shall issue a written policy within 6 months after | ||||||
20 | June 28, 2011 (the effective date of Public Act 97-45) | ||||||
21 | concerning the types of events that would be eligible for an | ||||||
22 | exemption. Thereafter, the Board of Trustees may issue | ||||||
23 | revised, updated, new, or amended policies as it deems | ||||||
24 | necessary and appropriate. In preparing its written policy, | ||||||
25 | the Board of Trustees shall, in addition to other factors it | ||||||
26 | considers relevant and important, give consideration to the |
| |||||||
| |||||||
1 | following: (i) whether the event is a student activity or | ||||||
2 | student-related activity; (ii) whether the physical setting of | ||||||
3 | the event is conducive to control of liquor sales and | ||||||
4 | distribution; (iii) the ability of the event operator to | ||||||
5 | ensure that the sale or serving of alcoholic liquors and the | ||||||
6 | demeanor of the participants are in accordance with State law | ||||||
7 | and University policies; (iv) the anticipated attendees at the | ||||||
8 | event and the relative proportion of individuals under the age | ||||||
9 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
10 | venue operator to prevent the sale or distribution of | ||||||
11 | alcoholic liquors to individuals under the age of 21; (vi) | ||||||
12 | whether the event prohibits participants from removing | ||||||
13 | alcoholic beverages from the venue; and (vii) whether the | ||||||
14 | event prohibits participants from providing their own | ||||||
15 | alcoholic liquors to the venue. | ||||||
16 | Alcoholic liquors may be served or sold in buildings under | ||||||
17 | the control of the Board of Trustees of Chicago State | ||||||
18 | University for events that the Board may determine are public | ||||||
19 | events and not student-related activities. The Board of | ||||||
20 | Trustees shall issue a written policy within 6 months after | ||||||
21 | August 2, 2013 (the effective date of Public Act 98-132) | ||||||
22 | concerning the types of events that would be eligible for an | ||||||
23 | exemption. Thereafter, the Board of Trustees may issue | ||||||
24 | revised, updated, new, or amended policies as it deems | ||||||
25 | necessary and appropriate. In preparing its written policy, | ||||||
26 | the Board of Trustees shall, in addition to other factors it |
| |||||||
| |||||||
1 | considers relevant and important, give consideration to the | ||||||
2 | following: (i) whether the event is a student activity or | ||||||
3 | student-related activity; (ii) whether the physical setting of | ||||||
4 | the event is conducive to control of liquor sales and | ||||||
5 | distribution; (iii) the ability of the event operator to | ||||||
6 | ensure that the sale or serving of alcoholic liquors and the | ||||||
7 | demeanor of the participants are in accordance with State law | ||||||
8 | and University policies; (iv) the anticipated attendees at the | ||||||
9 | event and the relative proportion of individuals under the age | ||||||
10 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
11 | venue operator to prevent the sale or distribution of | ||||||
12 | alcoholic liquors to individuals under the age of 21; (vi) | ||||||
13 | whether the event prohibits participants from removing | ||||||
14 | alcoholic beverages from the venue; and (vii) whether the | ||||||
15 | event prohibits participants from providing their own | ||||||
16 | alcoholic liquors to the venue. | ||||||
17 | Alcoholic liquors may be served or sold in buildings under | ||||||
18 | the control of the Board of Trustees of Illinois State | ||||||
19 | University for events that the Board may determine are public | ||||||
20 | events and not student-related activities. The Board of | ||||||
21 | Trustees shall issue a written policy within 6 months after | ||||||
22 | March 1, 2013 (the effective date of Public Act 97-1166) | ||||||
23 | concerning the types of events that would be eligible for an | ||||||
24 | exemption. Thereafter, the Board of Trustees may issue | ||||||
25 | revised, updated, new, or amended policies as it deems | ||||||
26 | necessary and appropriate. In preparing its written policy, |
| |||||||
| |||||||
1 | the Board of Trustees shall, in addition to other factors it | ||||||
2 | considers relevant and important, give consideration to the | ||||||
3 | following: (i) whether the event is a student activity or | ||||||
4 | student-related activity; (ii) whether the physical setting of | ||||||
5 | the event is conducive to control of liquor sales and | ||||||
6 | distribution; (iii) the ability of the event operator to | ||||||
7 | ensure that the sale or serving of alcoholic liquors and the | ||||||
8 | demeanor of the participants are in accordance with State law | ||||||
9 | and University policies; (iv) the anticipated attendees at the | ||||||
10 | event and the relative proportion of individuals under the age | ||||||
11 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
12 | venue operator to prevent the sale or distribution of | ||||||
13 | alcoholic liquors to individuals under the age of 21; (vi) | ||||||
14 | whether the event prohibits participants from removing | ||||||
15 | alcoholic beverages from the venue; and (vii) whether the | ||||||
16 | event prohibits participants from providing their own | ||||||
17 | alcoholic liquors to the venue. | ||||||
18 | Alcoholic liquors may be served or sold in buildings under | ||||||
19 | the control of the Board of Trustees of Southern Illinois | ||||||
20 | University for events that the Board may determine are public | ||||||
21 | events and not student-related activities. The Board of | ||||||
22 | Trustees shall issue a written policy within 6 months after | ||||||
23 | August 12, 2016 (the effective date of Public Act 99-795) | ||||||
24 | concerning the types of events that would be eligible for an | ||||||
25 | exemption. Thereafter, the Board of Trustees may issue | ||||||
26 | revised, updated, new, or amended policies as it deems |
| |||||||
| |||||||
1 | necessary and appropriate. In preparing its written policy, | ||||||
2 | the Board of Trustees shall, in addition to other factors it | ||||||
3 | considers relevant and important, give consideration to the | ||||||
4 | following: (i) whether the event is a student activity or | ||||||
5 | student-related activity; (ii) whether the physical setting of | ||||||
6 | the event is conducive to control of liquor sales and | ||||||
7 | distribution; (iii) the ability of the event operator to | ||||||
8 | ensure that the sale or serving of alcoholic liquors and the | ||||||
9 | demeanor of the participants are in accordance with State law | ||||||
10 | and University policies; (iv) the anticipated attendees at the | ||||||
11 | event and the relative proportion of individuals under the age | ||||||
12 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
13 | venue operator to prevent the sale or distribution of | ||||||
14 | alcoholic liquors to individuals under the age of 21; (vi) | ||||||
15 | whether the event prohibits participants from removing | ||||||
16 | alcoholic beverages from the venue; and (vii) whether the | ||||||
17 | event prohibits participants from providing their own | ||||||
18 | alcoholic liquors to the venue. | ||||||
19 | Alcoholic liquors may be served or sold in buildings under | ||||||
20 | the control of the Board of Trustees of a public university for | ||||||
21 | events that the Board of Trustees of that public university | ||||||
22 | may determine are public events and not student-related | ||||||
23 | activities. If the Board of Trustees of a public university | ||||||
24 | has not issued a written policy pursuant to an exemption under | ||||||
25 | this Section on or before July 15, 2016 (the effective date of | ||||||
26 | Public Act 99-550), then that Board of Trustees shall issue a |
| |||||||
| |||||||
1 | written policy within 6 months after July 15, 2016 (the | ||||||
2 | effective date of Public Act 99-550) concerning the types of | ||||||
3 | events that would be eligible for an exemption. Thereafter, | ||||||
4 | the Board of Trustees may issue revised, updated, new, or | ||||||
5 | amended policies as it deems necessary and appropriate. In | ||||||
6 | preparing its written policy, the Board of Trustees shall, in | ||||||
7 | addition to other factors it considers relevant and important, | ||||||
8 | give consideration to the following: (i) whether the event is | ||||||
9 | a student activity or student-related activity; (ii) whether | ||||||
10 | the physical setting of the event is conducive to control of | ||||||
11 | liquor sales and distribution; (iii) the ability of the event | ||||||
12 | operator to ensure that the sale or serving of alcoholic | ||||||
13 | liquors and the demeanor of the participants are in accordance | ||||||
14 | with State law and University policies; (iv) the anticipated | ||||||
15 | attendees at the event and the relative proportion of | ||||||
16 | individuals under the age of 21 to individuals age 21 or older; | ||||||
17 | (v) the ability of the venue operator to prevent the sale or | ||||||
18 | distribution of alcoholic liquors to individuals under the age | ||||||
19 | of 21; (vi) whether the event prohibits participants from | ||||||
20 | removing alcoholic beverages from the venue; and (vii) whether | ||||||
21 | the event prohibits participants from providing their own | ||||||
22 | alcoholic liquors to the venue. As used in this paragraph, | ||||||
23 | "public university" means the University of Illinois, Illinois | ||||||
24 | State University, Chicago State University, Governors State | ||||||
25 | University, Southern Illinois University, Northern Illinois | ||||||
26 | University, Eastern Illinois University, Western Illinois |
| |||||||
| |||||||
1 | University, and Northeastern Illinois University. | ||||||
2 | Alcoholic liquors may be served or sold in buildings under | ||||||
3 | the control of the Board of Trustees of a community college | ||||||
4 | district for events that the Board of Trustees of that | ||||||
5 | community college district may determine are public events and | ||||||
6 | not student-related activities. The Board of Trustees shall | ||||||
7 | issue a written policy within 6 months after July 15, 2016 (the | ||||||
8 | effective date of Public Act 99-550) concerning the types of | ||||||
9 | events that would be eligible for an exemption. Thereafter, | ||||||
10 | the Board of Trustees may issue revised, updated, new, or | ||||||
11 | amended policies as it deems necessary and appropriate. In | ||||||
12 | preparing its written policy, the Board of Trustees shall, in | ||||||
13 | addition to other factors it considers relevant and important, | ||||||
14 | give consideration to the following: (i) whether the event is | ||||||
15 | a student activity or student-related activity; (ii) whether | ||||||
16 | the physical setting of the event is conducive to control of | ||||||
17 | liquor sales and distribution; (iii) the ability of the event | ||||||
18 | operator to ensure that the sale or serving of alcoholic | ||||||
19 | liquors and the demeanor of the participants are in accordance | ||||||
20 | with State law and community college district policies; (iv) | ||||||
21 | the anticipated attendees at the event and the relative | ||||||
22 | proportion of individuals under the age of 21 to individuals | ||||||
23 | age 21 or older; (v) the ability of the venue operator to | ||||||
24 | prevent the sale or distribution of alcoholic liquors to | ||||||
25 | individuals under the age of 21; (vi) whether the event | ||||||
26 | prohibits participants from removing alcoholic beverages from |
| |||||||
| |||||||
1 | the venue; and (vii) whether the event prohibits participants | ||||||
2 | from providing their own alcoholic liquors to the venue. This | ||||||
3 | paragraph does not apply to any community college district | ||||||
4 | authorized to sell or serve alcoholic liquor under any other | ||||||
5 | provision of this Section. | ||||||
6 | Alcoholic liquor may be delivered to and sold at retail in | ||||||
7 | the Dorchester Senior Business Center owned by the Village of | ||||||
8 | Dolton if the alcoholic liquor is sold or dispensed only in | ||||||
9 | connection with organized functions for which the planned | ||||||
10 | attendance is 20 or more persons, and if the person or facility | ||||||
11 | selling or dispensing the alcoholic liquor has provided dram | ||||||
12 | shop liability insurance in maximum limits so as to hold | ||||||
13 | harmless the Village of Dolton and the State from all | ||||||
14 | financial loss, damage and harm. | ||||||
15 | Alcoholic liquors may be delivered to and sold at retail | ||||||
16 | in any building used as an Illinois State Armory provided: | ||||||
17 | (i) the Adjutant General's written consent to the | ||||||
18 | issuance of a license to sell alcoholic liquor in such | ||||||
19 | building is filed with the Commission; | ||||||
20 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
21 | connection with organized functions held on special | ||||||
22 | occasions; | ||||||
23 | (iii) the organized function is one for which the | ||||||
24 | planned attendance is 25 or more persons; and | ||||||
25 | (iv) the facility selling or dispensing the alcoholic | ||||||
26 | liquors has provided dram shop liability insurance in |
| |||||||
| |||||||
1 | maximum limits so as to save harmless the facility and the | ||||||
2 | State from all financial loss, damage or harm. | ||||||
3 | Alcoholic liquors may be delivered to and sold at retail | ||||||
4 | in the Chicago Civic Center, provided that: | ||||||
5 | (i) the written consent of the Public Building | ||||||
6 | Commission which administers the Chicago Civic Center is | ||||||
7 | filed with the Commission; | ||||||
8 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
9 | connection with organized functions held on special | ||||||
10 | occasions; | ||||||
11 | (iii) the organized function is one for which the | ||||||
12 | planned attendance is 25 or more persons; | ||||||
13 | (iv) the facility selling or dispensing the alcoholic | ||||||
14 | liquors has provided dram shop liability insurance in | ||||||
15 | maximum limits so as to hold harmless the Civic Center, | ||||||
16 | the City of Chicago and the State from all financial loss, | ||||||
17 | damage or harm; and | ||||||
18 | (v) all applicable local ordinances are complied with. | ||||||
19 | Alcoholic liquors may be delivered or sold in any building | ||||||
20 | belonging to or under the control of any city, village or | ||||||
21 | incorporated town where more than 75% of the physical | ||||||
22 | properties of the building is used for commercial or | ||||||
23 | recreational purposes, and the building is located upon a pier | ||||||
24 | extending into or over the waters of a navigable lake or stream | ||||||
25 | or on the shore of a navigable lake or stream. In accordance | ||||||
26 | with a license issued under this Act, alcoholic liquor may be |
| |||||||
| |||||||
1 | sold, served, or delivered in buildings and facilities under | ||||||
2 | the control of the Department of Natural Resources during | ||||||
3 | events or activities lasting no more than 7 continuous days | ||||||
4 | upon the written approval of the Director of Natural Resources | ||||||
5 | acting as the controlling government authority. The Director | ||||||
6 | of Natural Resources may specify conditions on that approval, | ||||||
7 | including , but not limited to , requirements for insurance and | ||||||
8 | hours of operation. Notwithstanding any other provision of | ||||||
9 | this Act, alcoholic liquor sold by a United States Army Corps | ||||||
10 | of Engineers or Department of Natural Resources concessionaire | ||||||
11 | who was operating on June 1, 1991 for on-premises consumption | ||||||
12 | only is not subject to the provisions of Articles IV and IX. | ||||||
13 | Beer and wine may be sold on the premises of the Joliet Park | ||||||
14 | District Stadium owned by the Joliet Park District when | ||||||
15 | written consent to the issuance of a license to sell beer and | ||||||
16 | wine in such premises is filed with the local liquor | ||||||
17 | commissioner by the Joliet Park District. Beer and wine may be | ||||||
18 | sold in buildings on the grounds of State veterans' homes when | ||||||
19 | written consent to the issuance of a license to sell beer and | ||||||
20 | wine in such buildings is filed with the Commission by the | ||||||
21 | Department of Veterans Veterans' Affairs, and the facility | ||||||
22 | shall provide dram shop liability in maximum insurance | ||||||
23 | coverage limits so as to save the facility harmless from all | ||||||
24 | financial loss, damage or harm. Such liquors may be delivered | ||||||
25 | to and sold at any property owned or held under lease by a | ||||||
26 | Metropolitan Pier and Exposition Authority or Metropolitan |
| |||||||
| |||||||
1 | Exposition and Auditorium Authority. | ||||||
2 | Beer and wine may be sold and dispensed at professional | ||||||
3 | sporting events and at professional concerts and other | ||||||
4 | entertainment events conducted on premises owned by the Forest | ||||||
5 | Preserve District of Kane County, subject to the control of | ||||||
6 | the District Commissioners and applicable local law, provided | ||||||
7 | that dram shop liability insurance is provided at maximum | ||||||
8 | coverage limits so as to hold the District harmless from all | ||||||
9 | financial loss, damage and harm. | ||||||
10 | Nothing in this Section shall preclude the sale or | ||||||
11 | delivery of beer and wine at a State or county fair or the sale | ||||||
12 | or delivery of beer or wine at a city fair in any otherwise | ||||||
13 | lawful manner. | ||||||
14 | Alcoholic liquors may be sold at retail in buildings in | ||||||
15 | State parks under the control of the Department of Natural | ||||||
16 | Resources, provided: | ||||||
17 | a. the State park has overnight lodging facilities | ||||||
18 | with some restaurant facilities or, not having overnight | ||||||
19 | lodging facilities, has restaurant facilities which serve | ||||||
20 | complete luncheon and dinner or supper meals, | ||||||
21 | b. (blank), and | ||||||
22 | c. the alcoholic liquors are sold by the State park | ||||||
23 | lodge or restaurant concessionaire only during the hours | ||||||
24 | from 11 o'clock a.m. until 12 o'clock midnight. | ||||||
25 | Notwithstanding any other provision of this Act, alcoholic | ||||||
26 | liquor sold by the State park or restaurant concessionaire |
| |||||||
| |||||||
1 | is not subject to the provisions of Articles IV and IX. | ||||||
2 | Alcoholic liquors may be sold at retail in buildings on | ||||||
3 | properties under the control of the Division of Historic | ||||||
4 | Preservation of the Department of Natural Resources or the | ||||||
5 | Abraham Lincoln Presidential Library and Museum provided: | ||||||
6 | a. the property has overnight lodging facilities with | ||||||
7 | some restaurant facilities or, not having overnight | ||||||
8 | lodging facilities, has restaurant facilities which serve | ||||||
9 | complete luncheon and dinner or supper meals, | ||||||
10 | b. consent to the issuance of a license to sell | ||||||
11 | alcoholic liquors in the buildings has been filed with the | ||||||
12 | commission by the Division of Historic Preservation of the | ||||||
13 | Department of Natural Resources or the Abraham Lincoln | ||||||
14 | Presidential Library and Museum, and | ||||||
15 | c. the alcoholic liquors are sold by the lodge or | ||||||
16 | restaurant concessionaire only during the hours from 11 | ||||||
17 | o'clock a.m. until 12 o'clock midnight. | ||||||
18 | The sale of alcoholic liquors pursuant to this Section | ||||||
19 | does not authorize the establishment and operation of | ||||||
20 | facilities commonly called taverns, saloons, bars, cocktail | ||||||
21 | lounges, and the like except as a part of lodge and restaurant | ||||||
22 | facilities in State parks or golf courses owned by Forest | ||||||
23 | Preserve Districts with a population of less than 3,000,000 or | ||||||
24 | municipalities or park districts. | ||||||
25 | Alcoholic liquors may be sold at retail in the Springfield | ||||||
26 | Administration Building of the Department of Transportation |
| |||||||
| |||||||
1 | and the Illinois State Armory in Springfield; provided, that | ||||||
2 | the controlling government authority may consent to such sales | ||||||
3 | only if | ||||||
4 | a. the request is from a not-for-profit organization; | ||||||
5 | b. such sales would not impede normal operations of | ||||||
6 | the departments involved; | ||||||
7 | c. the not-for-profit organization provides dram shop | ||||||
8 | liability in maximum insurance coverage limits and agrees | ||||||
9 | to defend, save harmless and indemnify the State of | ||||||
10 | Illinois from all financial loss, damage or harm; | ||||||
11 | d. no such sale shall be made during normal working | ||||||
12 | hours of the State of Illinois; and | ||||||
13 | e. the consent is in writing. | ||||||
14 | Alcoholic liquors may be sold at retail in buildings in | ||||||
15 | recreational areas of river conservancy districts under the | ||||||
16 | control of, or leased from, the river conservancy districts. | ||||||
17 | Such sales are subject to reasonable local regulations as | ||||||
18 | provided in Article IV; however, no such regulations may | ||||||
19 | prohibit or substantially impair the sale of alcoholic liquors | ||||||
20 | on Sundays or Holidays. | ||||||
21 | Alcoholic liquors may be provided in long term care | ||||||
22 | facilities owned or operated by a county under Division 5-21 | ||||||
23 | or 5-22 of the Counties Code, when approved by the facility | ||||||
24 | operator and not in conflict with the regulations of the | ||||||
25 | Illinois Department of Public Health, to residents of the | ||||||
26 | facility who have had their consumption of the alcoholic |
| |||||||
| |||||||
1 | liquors provided approved in writing by a physician licensed | ||||||
2 | to practice medicine in all its branches. | ||||||
3 | Alcoholic liquors may be delivered to and dispensed in | ||||||
4 | State housing assigned to employees of the Department of | ||||||
5 | Corrections. No person shall furnish or allow to be furnished | ||||||
6 | any alcoholic liquors to any prisoner confined in any jail, | ||||||
7 | reformatory, prison or house of correction except upon a | ||||||
8 | physician's prescription for medicinal purposes. | ||||||
9 | Alcoholic liquors may be sold at retail or dispensed at | ||||||
10 | the Willard Ice Building in Springfield, at the State Library | ||||||
11 | in Springfield, and at Illinois State Museum facilities by (1) | ||||||
12 | an agency of the State, whether legislative, judicial or | ||||||
13 | executive, provided that such agency first obtains written | ||||||
14 | permission to sell or dispense alcoholic liquors from the | ||||||
15 | controlling government authority, or by (2) a not-for-profit | ||||||
16 | organization, provided that such organization: | ||||||
17 | a. Obtains written consent from the controlling | ||||||
18 | government authority; | ||||||
19 | b. Sells or dispenses the alcoholic liquors in a | ||||||
20 | manner that does not impair normal operations of State | ||||||
21 | offices located in the building; | ||||||
22 | c. Sells or dispenses alcoholic liquors only in | ||||||
23 | connection with an official activity in the building; | ||||||
24 | d. Provides, or its catering service provides, dram | ||||||
25 | shop liability insurance in maximum coverage limits and in | ||||||
26 | which the carrier agrees to defend, save harmless and |
| |||||||
| |||||||
1 | indemnify the State of Illinois from all financial loss, | ||||||
2 | damage or harm arising out of the selling or dispensing of | ||||||
3 | alcoholic liquors. | ||||||
4 | Nothing in this Act shall prevent a not-for-profit | ||||||
5 | organization or agency of the State from employing the | ||||||
6 | services of a catering establishment for the selling or | ||||||
7 | dispensing of alcoholic liquors at authorized functions. | ||||||
8 | The controlling government authority for the Willard Ice | ||||||
9 | Building in Springfield shall be the Director of the | ||||||
10 | Department of Revenue. The controlling government authority | ||||||
11 | for Illinois State Museum facilities shall be the Director of | ||||||
12 | the Illinois State Museum. The controlling government | ||||||
13 | authority for the State Library in Springfield shall be the | ||||||
14 | Secretary of State. | ||||||
15 | Alcoholic liquors may be delivered to and sold at retail | ||||||
16 | or dispensed at any facility, property or building under the | ||||||
17 | jurisdiction of the Division of Historic Preservation of the | ||||||
18 | Department of Natural Resources, the Abraham Lincoln | ||||||
19 | Presidential Library and Museum, or the State Treasurer where | ||||||
20 | the delivery, sale or dispensing is by (1) an agency of the | ||||||
21 | State, whether legislative, judicial or executive, provided | ||||||
22 | that such agency first obtains written permission to sell or | ||||||
23 | dispense alcoholic liquors from a controlling government | ||||||
24 | authority, or by (2) an individual or organization provided | ||||||
25 | that such individual or organization: | ||||||
26 | a. Obtains written consent from the controlling |
| |||||||
| |||||||
1 | government authority; | ||||||
2 | b. Sells or dispenses the alcoholic liquors in a | ||||||
3 | manner that does not impair normal workings of State | ||||||
4 | offices or operations located at the facility, property or | ||||||
5 | building; | ||||||
6 | c. Sells or dispenses alcoholic liquors only in | ||||||
7 | connection with an official activity of the individual or | ||||||
8 | organization in the facility, property or building; | ||||||
9 | d. Provides, or its catering service provides, dram | ||||||
10 | shop liability insurance in maximum coverage limits and in | ||||||
11 | which the carrier agrees to defend, save harmless and | ||||||
12 | indemnify the State of Illinois from all financial loss, | ||||||
13 | damage or harm arising out of the selling or dispensing of | ||||||
14 | alcoholic liquors. | ||||||
15 | The controlling government authority for the Division of | ||||||
16 | Historic Preservation of the Department of Natural Resources | ||||||
17 | shall be the Director of Natural Resources, the controlling | ||||||
18 | government authority for the Abraham Lincoln Presidential | ||||||
19 | Library and Museum shall be the Executive Director of the | ||||||
20 | Abraham Lincoln Presidential Library and Museum, and the | ||||||
21 | controlling government authority for the facilities, property, | ||||||
22 | or buildings under the jurisdiction of the State Treasurer | ||||||
23 | shall be the State Treasurer or the State Treasurer's | ||||||
24 | designee. | ||||||
25 | Alcoholic liquors may be delivered to and sold at retail | ||||||
26 | or dispensed for consumption at the Michael Bilandic Building |
| |||||||
| |||||||
1 | at 160 North LaSalle Street, Chicago IL 60601, after the | ||||||
2 | normal business hours of any day care or child care facility | ||||||
3 | located in the building, by (1) a commercial tenant or | ||||||
4 | subtenant conducting business on the premises under a lease | ||||||
5 | made pursuant to Section 405-315 of the Department of Central | ||||||
6 | Management Services Law (20 ILCS 405/405-315) , provided that | ||||||
7 | such tenant or subtenant who accepts delivery of, sells, or | ||||||
8 | dispenses alcoholic liquors shall procure and maintain dram | ||||||
9 | shop liability insurance in maximum coverage limits and in | ||||||
10 | which the carrier agrees to defend, indemnify, and save | ||||||
11 | harmless the State of Illinois from all financial loss, | ||||||
12 | damage, or harm arising out of the delivery, sale, or | ||||||
13 | dispensing of alcoholic liquors, or by (2) an agency of the | ||||||
14 | State, whether legislative, judicial, or executive, provided | ||||||
15 | that such agency first obtains written permission to accept | ||||||
16 | delivery of and sell or dispense alcoholic liquors from the | ||||||
17 | Director of Central Management Services, or by (3) a | ||||||
18 | not-for-profit organization, provided that such organization: | ||||||
19 | a. obtains written consent from the Department of | ||||||
20 | Central Management Services; | ||||||
21 | b. accepts delivery of and sells or dispenses the | ||||||
22 | alcoholic liquors in a manner that does not impair normal | ||||||
23 | operations of State offices located in the building; | ||||||
24 | c. accepts delivery of and sells or dispenses | ||||||
25 | alcoholic liquors only in connection with an official | ||||||
26 | activity in the building; and |
| |||||||
| |||||||
1 | d. provides, or its catering service provides, dram | ||||||
2 | shop liability insurance in maximum coverage limits and in | ||||||
3 | which the carrier agrees to defend, save harmless, and | ||||||
4 | indemnify the State of Illinois from all financial loss, | ||||||
5 | damage, or harm arising out of the selling or dispensing | ||||||
6 | of alcoholic liquors. | ||||||
7 | Nothing in this Act shall prevent a not-for-profit | ||||||
8 | organization or agency of the State from employing the | ||||||
9 | services of a catering establishment for the selling or | ||||||
10 | dispensing of alcoholic liquors at functions authorized by the | ||||||
11 | Director of Central Management Services. | ||||||
12 | Alcoholic liquors may be sold at retail or dispensed at | ||||||
13 | the James R. Thompson Center in Chicago, subject to the | ||||||
14 | provisions of Section 7.4 of the State Property Control Act, | ||||||
15 | and 222 South College Street in Springfield, Illinois by (1) a | ||||||
16 | commercial tenant or subtenant conducting business on the | ||||||
17 | premises under a lease or sublease made pursuant to Section | ||||||
18 | 405-315 of the Department of Central Management Services Law | ||||||
19 | (20 ILCS 405/405-315) , provided that such tenant or subtenant | ||||||
20 | who sells or dispenses alcoholic liquors shall procure and | ||||||
21 | maintain dram shop liability insurance in maximum coverage | ||||||
22 | limits and in which the carrier agrees to defend, indemnify | ||||||
23 | and save harmless the State of Illinois from all financial | ||||||
24 | loss, damage or harm arising out of the sale or dispensing of | ||||||
25 | alcoholic liquors, or by (2) an agency of the State, whether | ||||||
26 | legislative, judicial or executive, provided that such agency |
| |||||||
| |||||||
1 | first obtains written permission to sell or dispense alcoholic | ||||||
2 | liquors from the Director of Central Management Services, or | ||||||
3 | by (3) a not-for-profit organization, provided that such | ||||||
4 | organization: | ||||||
5 | a. Obtains written consent from the Department of | ||||||
6 | Central Management Services; | ||||||
7 | b. Sells or dispenses the alcoholic liquors in a | ||||||
8 | manner that does not impair normal operations of State | ||||||
9 | offices located in the building; | ||||||
10 | c. Sells or dispenses alcoholic liquors only in | ||||||
11 | connection with an official activity in the building; | ||||||
12 | d. Provides, or its catering service provides, dram | ||||||
13 | shop liability insurance in maximum coverage limits and in | ||||||
14 | which the carrier agrees to defend, save harmless and | ||||||
15 | indemnify the State of Illinois from all financial loss, | ||||||
16 | damage or harm arising out of the selling or dispensing of | ||||||
17 | alcoholic liquors. | ||||||
18 | Nothing in this Act shall prevent a not-for-profit | ||||||
19 | organization or agency of the State from employing the | ||||||
20 | services of a catering establishment for the selling or | ||||||
21 | dispensing of alcoholic liquors at functions authorized by the | ||||||
22 | Director of Central Management Services. | ||||||
23 | Alcoholic liquors may be sold or delivered at any facility | ||||||
24 | owned by the Illinois Sports Facilities Authority provided | ||||||
25 | that dram shop liability insurance has been made available in | ||||||
26 | a form, with such coverage and in such amounts as the Authority |
| |||||||
| |||||||
1 | reasonably determines is necessary. | ||||||
2 | Alcoholic liquors may be sold at retail or dispensed at | ||||||
3 | the Rockford State Office Building by (1) an agency of the | ||||||
4 | State, whether legislative, judicial or executive, provided | ||||||
5 | that such agency first obtains written permission to sell or | ||||||
6 | dispense alcoholic liquors from the Department of Central | ||||||
7 | Management Services, or by (2) a not-for-profit organization, | ||||||
8 | provided that such organization: | ||||||
9 | a. Obtains written consent from the Department of | ||||||
10 | Central Management Services; | ||||||
11 | b. Sells or dispenses the alcoholic liquors in a | ||||||
12 | manner that does not impair normal operations of State | ||||||
13 | offices located in the building; | ||||||
14 | c. Sells or dispenses alcoholic liquors only in | ||||||
15 | connection with an official activity in the building; | ||||||
16 | d. Provides, or its catering service provides, dram | ||||||
17 | shop liability insurance in maximum coverage limits and in | ||||||
18 | which the carrier agrees to defend, save harmless and | ||||||
19 | indemnify the State of Illinois from all financial loss, | ||||||
20 | damage or harm arising out of the selling or dispensing of | ||||||
21 | alcoholic liquors. | ||||||
22 | Nothing in this Act shall prevent a not-for-profit | ||||||
23 | organization or agency of the State from employing the | ||||||
24 | services of a catering establishment for the selling or | ||||||
25 | dispensing of alcoholic liquors at functions authorized by the | ||||||
26 | Department of Central Management Services. |
| |||||||
| |||||||
1 | Alcoholic liquors may be sold or delivered in a building | ||||||
2 | that is owned by McLean County, situated on land owned by the | ||||||
3 | county in the City of Bloomington, and used by the McLean | ||||||
4 | County Historical Society if the sale or delivery is approved | ||||||
5 | by an ordinance adopted by the county board, and the | ||||||
6 | municipality in which the building is located may not prohibit | ||||||
7 | that sale or delivery, notwithstanding any other provision of | ||||||
8 | this Section. The regulation of the sale and delivery of | ||||||
9 | alcoholic liquor in a building that is owned by McLean County, | ||||||
10 | situated on land owned by the county, and used by the McLean | ||||||
11 | County Historical Society as provided in this paragraph is an | ||||||
12 | exclusive power and function of the State and is a denial and | ||||||
13 | limitation under Article VII, Section 6, subsection (h) of the | ||||||
14 | Illinois Constitution of the power of a home rule municipality | ||||||
15 | to regulate that sale and delivery. | ||||||
16 | Alcoholic liquors may be sold or delivered in any building | ||||||
17 | situated on land held in trust for any school district | ||||||
18 | organized under Article 34 of the School Code, if the building | ||||||
19 | is not used for school purposes and if the sale or delivery is | ||||||
20 | approved by the board of education. | ||||||
21 | Alcoholic liquors may be delivered to and sold at retail | ||||||
22 | in any building owned by a public library district, provided | ||||||
23 | that the delivery and sale is approved by the board of trustees | ||||||
24 | of that public library district and is limited to library | ||||||
25 | fundraising events or programs of a cultural or educational | ||||||
26 | nature. Before the board of trustees of a public library |
| |||||||
| |||||||
1 | district may approve the delivery and sale of alcoholic | ||||||
2 | liquors, the board of trustees of the public library district | ||||||
3 | must have a written policy that has been approved by the board | ||||||
4 | of trustees of the public library district governing when and | ||||||
5 | under what circumstances alcoholic liquors may be delivered to | ||||||
6 | and sold at retail on property owned by that public library | ||||||
7 | district. The written policy must (i) provide that no | ||||||
8 | alcoholic liquor may be sold, distributed, or consumed in any | ||||||
9 | area of the library accessible to the general public during | ||||||
10 | the event or program, (ii) prohibit the removal of alcoholic | ||||||
11 | liquor from the venue during the event, and (iii) require that | ||||||
12 | steps be taken to prevent the sale or distribution of | ||||||
13 | alcoholic liquor to persons under the age of 21. Any public | ||||||
14 | library district that has alcoholic liquor delivered to or | ||||||
15 | sold at retail on property owned by the public library | ||||||
16 | district shall provide dram shop liability insurance in | ||||||
17 | maximum insurance coverage limits so as to save harmless the | ||||||
18 | public library districts from all financial loss, damage, or | ||||||
19 | harm. | ||||||
20 | Alcoholic liquors may be sold or delivered in buildings | ||||||
21 | owned by the Community Building Complex Committee of Boone | ||||||
22 | County, Illinois if the person or facility selling or | ||||||
23 | dispensing the alcoholic liquor has provided dram shop | ||||||
24 | liability insurance with coverage and in amounts that the | ||||||
25 | Committee reasonably determines are necessary. | ||||||
26 | Alcoholic liquors may be sold or delivered in the building |
| |||||||
| |||||||
1 | located at 1200 Centerville Avenue in Belleville, Illinois and | ||||||
2 | occupied by either the Belleville Area Special Education | ||||||
3 | District or the Belleville Area Special Services Cooperative. | ||||||
4 | Alcoholic liquors may be delivered to and sold at the | ||||||
5 | Louis Joliet Renaissance Center, City Center Campus, located | ||||||
6 | at 214 N. Ottawa Street, Joliet, and the Food | ||||||
7 | Services/Culinary Arts Department facilities, Main Campus, | ||||||
8 | located at 1215 Houbolt Road, Joliet, owned by or under the | ||||||
9 | control of Joliet Junior College, Illinois Community College | ||||||
10 | District No. 525. | ||||||
11 | Alcoholic liquors may be delivered to and sold at Triton | ||||||
12 | College, Illinois Community College District No. 504. | ||||||
13 | Alcoholic liquors may be delivered to and sold at the | ||||||
14 | College of DuPage, Illinois Community College District No. | ||||||
15 | 502. | ||||||
16 | Alcoholic liquors may be delivered to and sold on any | ||||||
17 | property owned, operated, or controlled by Lewis and Clark | ||||||
18 | Community College, Illinois Community College District No. | ||||||
19 | 536. | ||||||
20 | Alcoholic liquors may be delivered to and sold at the | ||||||
21 | building located at 446 East Hickory Avenue in Apple River, | ||||||
22 | Illinois, owned by the Apple River Fire Protection District, | ||||||
23 | and occupied by the Apple River Community Association if the | ||||||
24 | alcoholic liquor is sold or dispensed only in connection with | ||||||
25 | organized functions approved by the Apple River Community | ||||||
26 | Association for which the planned attendance is 20 or more |
| |||||||
| |||||||
1 | persons and if the person or facility selling or dispensing | ||||||
2 | the alcoholic liquor has provided dram shop liability | ||||||
3 | insurance in maximum limits so as to hold harmless the Apple | ||||||
4 | River Fire Protection District, the Village of Apple River, | ||||||
5 | and the Apple River Community Association from all financial | ||||||
6 | loss, damage, and harm. | ||||||
7 | Alcoholic liquors may be delivered to and sold at the | ||||||
8 | Sikia Restaurant, Kennedy King College Campus, located at 740 | ||||||
9 | West 63rd Street, Chicago, and at the Food Services in the | ||||||
10 | Great Hall/Washburne Culinary Institute Department facility, | ||||||
11 | Kennedy King College Campus, located at 740 West 63rd Street, | ||||||
12 | Chicago, owned by or under the control of City Colleges of | ||||||
13 | Chicago, Illinois Community College District No. 508. | ||||||
14 | Alcoholic liquors may be delivered to and sold at the | ||||||
15 | building located at 305 West Grove St. in Poplar Grove, | ||||||
16 | Illinois that is owned and operated by North Boone Fire | ||||||
17 | District #3 if the alcoholic liquor is sold or dispensed only | ||||||
18 | in connection with organized functions approved by the North | ||||||
19 | Boone Fire District #3 for which the planned attendance is 20 | ||||||
20 | or more persons and if the person or facility selling or | ||||||
21 | dispensing the alcoholic liquor has provided dram shop | ||||||
22 | liability insurance in maximum limits so as to hold harmless | ||||||
23 | North Boone County Fire District #3 from all financial loss, | ||||||
24 | damage, and harm. | ||||||
25 | (Source: P.A. 103-956, eff. 8-9-24; 103-971, eff. 8-9-24; | ||||||
26 | revised 9-25-24.)
|
| |||||||
| |||||||
1 | Section 300. The Illinois Public Aid Code is amended by | ||||||
2 | changing Sections 5-5.27 and 11-5.2 as follows:
| ||||||
3 | (305 ILCS 5/5-5.27) | ||||||
4 | Sec. 5-5.27. Coverage for clinical trials. | ||||||
5 | (a) The medical assistance program shall provide coverage | ||||||
6 | for routine care costs that are incurred in the course of an | ||||||
7 | approved clinical trial if the medical assistance program | ||||||
8 | would provide coverage for the same routine care costs not | ||||||
9 | incurred in a clinical trial. "Routine care cost" shall be | ||||||
10 | defined by the Department by rule. | ||||||
11 | (b) The coverage that must be provided under this Section | ||||||
12 | is subject to the terms, conditions, restrictions, exclusions, | ||||||
13 | and limitations that apply generally under the medical | ||||||
14 | assistance program, including terms, conditions, restrictions, | ||||||
15 | exclusions, or limitations that apply to health care services | ||||||
16 | rendered by participating providers and nonparticipating | ||||||
17 | providers. | ||||||
18 | (c) Implementation of this Section shall be contingent | ||||||
19 | upon federal approval. Upon receipt of federal approval, if | ||||||
20 | required, the Department shall adopt any rules necessary to | ||||||
21 | implement this Section. | ||||||
22 | (d) As used in this Section: | ||||||
23 | "Approved clinical trial" means a phase I, II, III, or IV | ||||||
24 | clinical trial involving the prevention, detection, or |
| |||||||
| |||||||
1 | treatment of cancer or any other life-threatening disease or | ||||||
2 | condition if one or more of the following conditions apply: | ||||||
3 | (1) the Department makes a determination that the | ||||||
4 | study or investigation is an approved clinical trial; | ||||||
5 | (2) the study or investigation is conducted under an | ||||||
6 | investigational new drug application or an investigational | ||||||
7 | device exemption reviewed by the federal Food and Drug | ||||||
8 | Administration; | ||||||
9 | (3) the study or investigation is a drug trial that is | ||||||
10 | exempt from having an investigational new drug application | ||||||
11 | or an investigational device exemption from the federal | ||||||
12 | Food and Drug Administration; or | ||||||
13 | (4) the study or investigation is approved or funded | ||||||
14 | (which may include funding through in-kind contributions) | ||||||
15 | by: | ||||||
16 | (A) the National Institutes of Health; | ||||||
17 | (B) the Centers for Disease Control and | ||||||
18 | Prevention; | ||||||
19 | (C) the Agency for Healthcare Research and | ||||||
20 | Quality; | ||||||
21 | (D) the Patient-Centered Outcomes Research | ||||||
22 | Institute; | ||||||
23 | (E) the federal Centers for Medicare and Medicaid | ||||||
24 | Services; | ||||||
25 | (F) a cooperative group or center of any of the | ||||||
26 | entities described in subparagraphs (A) through (E) or |
| |||||||
| |||||||
1 | the United States Department of Defense or the United | ||||||
2 | States Department of Veterans Affairs; | ||||||
3 | (G) a qualified non-governmental research entity | ||||||
4 | identified in the guidelines issued by the National | ||||||
5 | Institutes of Health for center support grants; or | ||||||
6 | (H) the United States Department of Veterans | ||||||
7 | Affairs, the United States Department of Defense, or | ||||||
8 | the United States Department of Energy, provided that | ||||||
9 | review and approval of the study or investigation | ||||||
10 | occurs through a system of peer review that is | ||||||
11 | comparable to the peer review of studies performed by | ||||||
12 | the National Institutes of Health, including an | ||||||
13 | unbiased review of the highest scientific standards by | ||||||
14 | qualified individuals who have no interest in the | ||||||
15 | outcome of the review. | ||||||
16 | "Care method" means the use of a particular drug or device | ||||||
17 | in a particular manner. | ||||||
18 | "Life-threatening disease or condition" means a disease or | ||||||
19 | condition from which the likelihood of death is probable | ||||||
20 | unless the course of the disease or condition is interrupted. | ||||||
21 | (Source: P.A. 101-649, eff. 7-7-20.)
| ||||||
22 | (305 ILCS 5/11-5.2) | ||||||
23 | Sec. 11-5.2. Income, Residency, and Identity Verification | ||||||
24 | System. | ||||||
25 | (a) The Department shall ensure that its proposed |
| |||||||
| |||||||
1 | integrated eligibility system shall include the computerized | ||||||
2 | functions of income, residency, and identity eligibility | ||||||
3 | verification to verify eligibility, eliminate duplication of | ||||||
4 | medical assistance, and deter fraud. Until the integrated | ||||||
5 | eligibility system is operational, the Department may enter | ||||||
6 | into a contract with the vendor selected pursuant to Section | ||||||
7 | 11-5.3 as necessary to obtain the electronic data matching | ||||||
8 | described in this Section. This contract shall be exempt from | ||||||
9 | the Illinois Procurement Code pursuant to subsection (h) of | ||||||
10 | Section 1-10 of that Code. | ||||||
11 | (b) Prior to awarding medical assistance at application | ||||||
12 | under Article V of this Code, the Department shall, to the | ||||||
13 | extent such databases are available to the Department, conduct | ||||||
14 | data matches using the name, date of birth, address, and | ||||||
15 | Social Security Number of each applicant or recipient or | ||||||
16 | responsible relative of an applicant or recipient against the | ||||||
17 | following: | ||||||
18 | (1) Income tax information. | ||||||
19 | (2) Employer reports of income and unemployment | ||||||
20 | insurance payment information maintained by the Department | ||||||
21 | of Employment Security. | ||||||
22 | (3) Earned and unearned income, citizenship and death, | ||||||
23 | and other relevant information maintained by the Social | ||||||
24 | Security Administration. | ||||||
25 | (4) Immigration status information maintained by the | ||||||
26 | United States Citizenship and Immigration Services. |
| |||||||
| |||||||
1 | (5) Wage reporting and similar information maintained | ||||||
2 | by states contiguous to this State. | ||||||
3 | (6) Employment information maintained by the | ||||||
4 | Department of Employment Security in its New Hire | ||||||
5 | Directory database. | ||||||
6 | (7) Employment information maintained by the United | ||||||
7 | States Department of Health and Human Services in its | ||||||
8 | National Directory of New Hires database. | ||||||
9 | (8) Veterans' benefits information maintained by the | ||||||
10 | United States Department of Health and Human Services, in | ||||||
11 | coordination with the Department of Health and Human | ||||||
12 | Services and the Department of Veterans Veterans' Affairs, | ||||||
13 | in the federal Public Assistance Reporting Information | ||||||
14 | System (PARIS) database. | ||||||
15 | (9) Residency information maintained by the Illinois | ||||||
16 | Secretary of State. | ||||||
17 | (10) A database which is substantially similar to or a | ||||||
18 | successor of a database described in this Section that | ||||||
19 | contains information relevant for verifying eligibility | ||||||
20 | for medical assistance. | ||||||
21 | (c) (Blank). | ||||||
22 | (d) If a discrepancy results between information provided | ||||||
23 | by an applicant, recipient, or responsible relative and | ||||||
24 | information contained in one or more of the databases or | ||||||
25 | information tools listed under subsection (b) of this Section | ||||||
26 | or subsection (c) of Section 11-5.3 and that discrepancy calls |
| |||||||
| |||||||
1 | into question the accuracy of information relevant to a | ||||||
2 | condition of eligibility provided by the applicant, recipient, | ||||||
3 | or responsible relative, the Department or its contractor | ||||||
4 | shall review the applicant's or recipient's case using the | ||||||
5 | following procedures: | ||||||
6 | (1) If the information discovered under subsection (b) | ||||||
7 | of this Section or subsection (c) of Section 11-5.3 does | ||||||
8 | not result in the Department finding the applicant or | ||||||
9 | recipient ineligible for assistance under Article V of | ||||||
10 | this Code, the Department shall finalize the determination | ||||||
11 | or redetermination of eligibility. | ||||||
12 | (2) If the information discovered results in the | ||||||
13 | Department finding the applicant or recipient ineligible | ||||||
14 | for assistance, the Department shall provide notice as set | ||||||
15 | forth in Section 11-7 of this Article. | ||||||
16 | (3) If the information discovered is insufficient to | ||||||
17 | determine that the applicant or recipient is eligible or | ||||||
18 | ineligible, the Department shall provide written notice to | ||||||
19 | the applicant or recipient which shall describe in | ||||||
20 | sufficient detail the circumstances of the discrepancy, | ||||||
21 | the information or documentation required, the manner in | ||||||
22 | which the applicant or recipient may respond, and the | ||||||
23 | consequences of failing to take action. The applicant or | ||||||
24 | recipient shall have 10 business days to respond. | ||||||
25 | (4) If the applicant or recipient does not respond to | ||||||
26 | the notice, the Department shall deny assistance for |
| |||||||
| |||||||
1 | failure to cooperate, in which case the Department shall | ||||||
2 | provide notice as set forth in Section 11-7. Eligibility | ||||||
3 | for assistance shall not be established until the | ||||||
4 | discrepancy has been resolved. | ||||||
5 | (5) If an applicant or recipient responds to the | ||||||
6 | notice, the Department shall determine the effect of the | ||||||
7 | information or documentation provided on the applicant's | ||||||
8 | or recipient's case and shall take appropriate action. | ||||||
9 | Written notice of the Department's action shall be | ||||||
10 | provided as set forth in Section 11-7 of this Article. | ||||||
11 | (6) Suspected cases of fraud shall be referred to the | ||||||
12 | Department's Inspector General. | ||||||
13 | (e) The Department shall adopt any rules necessary to | ||||||
14 | implement this Section. | ||||||
15 | (Source: P.A. 97-689, eff. 6-14-12; 98-756, eff. 7-16-14.)
| ||||||
16 | Section 305. The Illinois Affordable Housing Act is | ||||||
17 | amended by changing Section 14 as follows:
| ||||||
18 | (310 ILCS 65/14) (from Ch. 67 1/2, par. 1264) | ||||||
19 | Sec. 14. Homeless Veterans Demonstration Project. (a) The | ||||||
20 | Program Administrator shall, on the recommendation of the | ||||||
21 | Commission and in cooperation with the Department of Veterans | ||||||
22 | Veterans' Affairs, implement a demonstration project for low | ||||||
23 | and very low-income homeless veterans and their families. This | ||||||
24 | demonstration project shall consist of a short-term shelter, |
| |||||||
| |||||||
1 | and will also provide assistance in assessing the needs of | ||||||
2 | veterans, ascertaining the programs for which veterans may be | ||||||
3 | eligible and making application for such programs and services | ||||||
4 | and referral to appropriate agencies. The project shall, to | ||||||
5 | the extent possible, establish liaisons with labor | ||||||
6 | organizations, community colleges, vocational rehabilitation | ||||||
7 | programs and other providers of trade apprenticeships and | ||||||
8 | other job training programs. | ||||||
9 | (b) The Program Administrator shall submit to the Governor | ||||||
10 | and the General Assembly a report by January 1, 1991 | ||||||
11 | evaluating the effectiveness of the project provided in this | ||||||
12 | Section. The report shall include, but not be limited to, the | ||||||
13 | number of persons served under the project, information as to | ||||||
14 | the cost of the services, and recommendations as to whether | ||||||
15 | additional homeless veterans projects should be established. | ||||||
16 | (Source: P.A. 86-925.)
| ||||||
17 | Section 310. The Older Adult Services Act is amended by | ||||||
18 | changing Section 35 as follows:
| ||||||
19 | (320 ILCS 42/35) | ||||||
20 | Sec. 35. Older Adult Services Advisory Committee. | ||||||
21 | (a) The Older Adult Services Advisory Committee is created | ||||||
22 | to advise the directors of Aging, Healthcare and Family | ||||||
23 | Services, and Public Health on all matters related to this Act | ||||||
24 | and the delivery of services to older adults in general. |
| |||||||
| |||||||
1 | (b) The Advisory Committee shall be comprised of the | ||||||
2 | following: | ||||||
3 | (1) The Director of Aging or his or her designee, who | ||||||
4 | shall serve as chair and shall be an ex officio and | ||||||
5 | nonvoting member. | ||||||
6 | (2) The Director of Healthcare and Family Services and | ||||||
7 | the Director of Public Health or their designees, who | ||||||
8 | shall serve as vice-chairs and shall be ex officio and | ||||||
9 | nonvoting members. | ||||||
10 | (3) One representative each of the Governor's Office, | ||||||
11 | the Department of Healthcare and Family Services, the | ||||||
12 | Department of Public Health, the Department of Veterans | ||||||
13 | Veterans' Affairs, the Department of Human Services, the | ||||||
14 | Department of Insurance, the Department on Aging, the | ||||||
15 | Department on Aging's State Long Term Care Ombudsman, the | ||||||
16 | Illinois Housing Finance Authority, and the Illinois | ||||||
17 | Housing Development Authority, each of whom shall be | ||||||
18 | selected by his or her respective director and shall be an | ||||||
19 | ex officio and nonvoting member. | ||||||
20 | (4) Thirty members appointed by the Director of Aging | ||||||
21 | in collaboration with the directors of Public Health and | ||||||
22 | Healthcare and Family Services, and selected from the | ||||||
23 | recommendations of statewide associations and | ||||||
24 | organizations, as follows: | ||||||
25 | (A) One member representing the Area Agencies on | ||||||
26 | Aging; |
| |||||||
| |||||||
1 | (B) Four members representing nursing homes or | ||||||
2 | licensed assisted living establishments; | ||||||
3 | (C) One member representing home health agencies; | ||||||
4 | (D) One member representing case management | ||||||
5 | services; | ||||||
6 | (E) One member representing statewide senior | ||||||
7 | center associations; | ||||||
8 | (F) One member representing Community Care Program | ||||||
9 | homemaker services; | ||||||
10 | (G) One member representing Community Care Program | ||||||
11 | adult day services; | ||||||
12 | (H) One member representing nutrition project | ||||||
13 | directors; | ||||||
14 | (I) One member representing hospice programs; | ||||||
15 | (J) One member representing individuals with | ||||||
16 | Alzheimer's disease and related dementias; | ||||||
17 | (K) Two members representing statewide trade or | ||||||
18 | labor unions; | ||||||
19 | (L) One advanced practice registered nurse with | ||||||
20 | experience in gerontological nursing; | ||||||
21 | (M) One physician specializing in gerontology; | ||||||
22 | (N) One member representing regional long-term | ||||||
23 | care ombudsmen; | ||||||
24 | (O) One member representing municipal, township, | ||||||
25 | or county officials; | ||||||
26 | (P) (Blank); |
| |||||||
| |||||||
1 | (Q) (Blank); | ||||||
2 | (R) One member representing the parish nurse | ||||||
3 | movement; | ||||||
4 | (S) One member representing pharmacists; | ||||||
5 | (T) Two members representing statewide | ||||||
6 | organizations engaging in advocacy or legal | ||||||
7 | representation on behalf of the senior population; | ||||||
8 | (U) Two family caregivers; | ||||||
9 | (V) Two citizen members over the age of 60; | ||||||
10 | (W) One citizen with knowledge in the area of | ||||||
11 | gerontology research or health care law; | ||||||
12 | (X) One representative of health care facilities | ||||||
13 | licensed under the Hospital Licensing Act; and | ||||||
14 | (Y) One representative of primary care service | ||||||
15 | providers. | ||||||
16 | The Director of Aging, in collaboration with the Directors | ||||||
17 | of Public Health and Healthcare and Family Services, may | ||||||
18 | appoint additional citizen members to the Older Adult Services | ||||||
19 | Advisory Committee. Each such additional member must be either | ||||||
20 | an individual age 60 or older or an uncompensated caregiver | ||||||
21 | for a family member or friend who is age 60 or older. | ||||||
22 | (c) Voting members of the Advisory Committee shall serve | ||||||
23 | for a term of 3 years or until a replacement is named. All | ||||||
24 | members shall be appointed no later than January 1, 2005. Of | ||||||
25 | the initial appointees, as determined by lot, 10 members shall | ||||||
26 | serve a term of one year; 10 shall serve for a term of 2 years; |
| |||||||
| |||||||
1 | and 12 shall serve for a term of 3 years. Any member appointed | ||||||
2 | to fill a vacancy occurring prior to the expiration of the term | ||||||
3 | for which his or her predecessor was appointed shall be | ||||||
4 | appointed for the remainder of that term. The Advisory | ||||||
5 | Committee shall meet at least quarterly and may meet more | ||||||
6 | frequently at the call of the Chair. A simple majority of those | ||||||
7 | appointed shall constitute a quorum. The affirmative vote of a | ||||||
8 | majority of those present and voting shall be necessary for | ||||||
9 | Advisory Committee action. Members of the Advisory Committee | ||||||
10 | shall receive no compensation for their services. | ||||||
11 | (d) The Advisory Committee shall have an Executive | ||||||
12 | Committee comprised of the Chair, the Vice Chairs, and up to 15 | ||||||
13 | members of the Advisory Committee appointed by the Chair who | ||||||
14 | have demonstrated expertise in developing, implementing, or | ||||||
15 | coordinating the system restructuring initiatives defined in | ||||||
16 | Section 25. The Executive Committee shall have responsibility | ||||||
17 | to oversee and structure the operations of the Advisory | ||||||
18 | Committee and to create and appoint necessary subcommittees | ||||||
19 | and subcommittee members. The Advisory Committee's Community | ||||||
20 | Care Program Medicaid Enrollment Oversight Subcommittee shall | ||||||
21 | have the membership and powers and duties set forth in Section | ||||||
22 | 4.02 of the Illinois Act on the Aging. | ||||||
23 | (e) The Advisory Committee shall study and make | ||||||
24 | recommendations related to the implementation of this Act, | ||||||
25 | including, but not limited to, system restructuring | ||||||
26 | initiatives as defined in Section 25 or otherwise related to |
| |||||||
| |||||||
1 | this Act. | ||||||
2 | (Source: P.A. 100-513, eff. 1-1-18; 100-587, eff. 6-4-18; | ||||||
3 | 100-621, eff. 7-20-18; 101-81, eff. 7-12-19.)
| ||||||
4 | Section 315. The Illinois Caregiver Assistance and | ||||||
5 | Resource Portal Act is amended by changing Sections 25-10, | ||||||
6 | 25-20, and 25-25 as follows:
| ||||||
7 | (320 ILCS 70/25-10) | ||||||
8 | Sec. 25-10. Establishment of the Illinois Caregiver | ||||||
9 | Assistance and Resources Portal. | ||||||
10 | (a) The Department on Aging, in consultation with the | ||||||
11 | Department of Healthcare and Family Services, the Department | ||||||
12 | of Public Health, and the Department of Veterans Veterans' | ||||||
13 | Affairs, shall be responsible for the creation and maintenance | ||||||
14 | of the Illinois Caregiver Assistance and Resource Portal | ||||||
15 | (hereinafter referred to as the "Portal"). | ||||||
16 | (b) The Portal shall serve as a centralized and trusted | ||||||
17 | online platform offering a wide range of resources related to | ||||||
18 | caregiving, including, but not limited to: | ||||||
19 | (1) Information on State and federal programs, | ||||||
20 | benefits, and resources on caregiving, long-term care, and | ||||||
21 | at-home care for Illinois residents who are 50 years of | ||||||
22 | age or older. | ||||||
23 | (2) Information from non-profit organizations | ||||||
24 | providing free-of-charge caregiving support and resources. |
| |||||||
| |||||||
1 | (3) Tools and guides for developing and implementing | ||||||
2 | caregiving plans. | ||||||
3 | (4) Direct contact information for relevant Illinois | ||||||
4 | agencies, organizations, and other State-licensed | ||||||
5 | long-term care, aging, senior support services, and | ||||||
6 | at-home care providers. | ||||||
7 | (5) Educational materials, articles, and videos on | ||||||
8 | caregiving best practices. | ||||||
9 | (6) Accommodations for users with different language | ||||||
10 | preferences, ensuring the information is accessible to | ||||||
11 | diverse audiences. | ||||||
12 | (c) By incorporating these resources, the Portal aims to | ||||||
13 | serve as a comprehensive and user-friendly hub for caregivers, | ||||||
14 | providing them with the tools, information, and support they | ||||||
15 | need to navigate the complex landscape of caregiving, nursing | ||||||
16 | home care, and at-home care and other essential resources that | ||||||
17 | are readily accessible. Additional information and resources | ||||||
18 | to be featured may include the following: | ||||||
19 | (1) Caregiving resources: A comprehensive section | ||||||
20 | dedicated to caregiving, including guides, articles, and | ||||||
21 | videos on caregiving techniques, managing caregiver | ||||||
22 | stress, and enhancing the quality of care provided. | ||||||
23 | (2) Home and community-based services: Resources, | ||||||
24 | descriptions, and opportunities on how the State supports | ||||||
25 | family caregivers, to include, but not be limited to, the | ||||||
26 | Senior HelpLine, Illinois Care Connections, the Community |
| |||||||
| |||||||
1 | Care Program, Adult Protective Services, the Illinois | ||||||
2 | Long-Term Care Ombudsman, Adult Day Services, the Home | ||||||
3 | Delivered Meals program, and all other programming and | ||||||
4 | services offered by the Department on Aging. | ||||||
5 | (3) Nursing home care: State and federal information | ||||||
6 | and online resources on nursing homes, including facility | ||||||
7 | ratings, reviews, and resources for choosing the right | ||||||
8 | nursing home based on specific needs and preferences. | ||||||
9 | (4) Area Agency on Aging: A dedicated section | ||||||
10 | highlighting the services and programs offered by Area | ||||||
11 | Agencies on Aging, including, but not limited to, | ||||||
12 | assistance with long-term care planning, nutrition, | ||||||
13 | transportation, caregiver support and need assessment, and | ||||||
14 | the address and contact information of statewide Area | ||||||
15 | Agencies on Aging and Aging and Disability Resource | ||||||
16 | Centers. | ||||||
17 | (5) At-home care: Resources and guides for at-home | ||||||
18 | care, including information on hiring caregivers, managing | ||||||
19 | in-home medical and non-medical care, and ensuring a safe | ||||||
20 | and comfortable home environment. | ||||||
21 | (6) Hospital-to-home transition: A specialized section | ||||||
22 | focusing on the transition from hospital care to | ||||||
23 | home-based care, offering tips, checklists, and resources | ||||||
24 | to ensure a smooth transition and continued recovery at | ||||||
25 | home. | ||||||
26 | (7) Contact Information: Direct contact details for |
| |||||||
| |||||||
1 | relevant agencies, organizations, and State-licensed | ||||||
2 | professionals involved in caregiving, nursing home care, | ||||||
3 | and at-home care, making it easy for users to connect with | ||||||
4 | the right resources. | ||||||
5 | (8) Medicaid coverage and resources: Information on | ||||||
6 | Medicaid coverage for long-term care services, eligibility | ||||||
7 | criteria, application procedures, and available | ||||||
8 | Medicaid-funded programs and services to support | ||||||
9 | caregivers and care recipients. | ||||||
10 | (9) Financial assistance: Details on financial | ||||||
11 | assistance programs and benefits available at the State | ||||||
12 | and federal levels, including grants, subsidies, and tax | ||||||
13 | incentives that can ease the financial burden of | ||||||
14 | caregiving. | ||||||
15 | (10) Veterans' assistance: Details on veterans' | ||||||
16 | assistance programs and benefits available at the State | ||||||
17 | and federal levels. | ||||||
18 | (11) Legal and planning Tools: Resources for legal | ||||||
19 | matters related to caregiving, such as power of attorney, | ||||||
20 | advance directives, and estate planning, and tools to help | ||||||
21 | users create and manage caregiving plans. Services offered | ||||||
22 | under this paragraph do not include the practice of law. | ||||||
23 | (12) Support groups: A directory of local caregiver | ||||||
24 | support groups and online communities where caregivers can | ||||||
25 | connect, share experiences, and receive emotional support. | ||||||
26 | (Source: P.A. 103-588, eff. 6-5-24.)
|
| |||||||
| |||||||
1 | (320 ILCS 70/25-20) | ||||||
2 | Sec. 25-20. Outreach and promotion. | ||||||
3 | (a) The Department on Aging, in consultation with the | ||||||
4 | Department of Healthcare and Family Services, the Department | ||||||
5 | of Public Health, the Department of Human Services, and the | ||||||
6 | Department of Veterans Veterans' Affairs, shall undertake an | ||||||
7 | outreach and promotional campaign to raise awareness about the | ||||||
8 | Portal and its resources upon completion. | ||||||
9 | (b) The campaign shall include a digital-first strategy to | ||||||
10 | inform health care providers, social service agencies, and | ||||||
11 | community organizations about the Portal's availability. | ||||||
12 | (c) The campaign shall coordinate with the State-wide | ||||||
13 | 2-1-1 Service system administered under the 2-1-1 Service Act | ||||||
14 | in order to insure persons calling 2-1-1 telephone lines are | ||||||
15 | directed, when appropriate, to the Portal and reciprocally to | ||||||
16 | 2-1-1. | ||||||
17 | (Source: P.A. 103-588, eff. 6-5-24.)
| ||||||
18 | (320 ILCS 70/25-25) | ||||||
19 | Sec. 25-25. Reporting and evaluation. The Department on | ||||||
20 | Aging, in consultation with the Department of Healthcare and | ||||||
21 | Family Services, the Department of Public Health, and the | ||||||
22 | Department of Veterans Veterans' Affairs, shall provide an | ||||||
23 | annual report to the General Assembly and the Governor | ||||||
24 | outlining the usage statistics, user feedback, and any |
| |||||||
| |||||||
1 | necessary improvements to the Portal. | ||||||
2 | (Source: P.A. 103-588, eff. 6-5-24.)
| ||||||
3 | Section 320. The Viet Nam Veterans Compensation Act is | ||||||
4 | amended by changing Sections 3, 5, and 6 as follows:
| ||||||
5 | (330 ILCS 30/3) (from Ch. 126 1/2, par. 57.53) | ||||||
6 | Sec. 3. The widow or widower, child or children, mother, | ||||||
7 | father, person standing in loco parentis, brothers and | ||||||
8 | sisters, in the order named, of any deceased person shall be | ||||||
9 | paid the compensation to which the deceased person would be | ||||||
10 | entitled under Section 2 of this Act. Where such deceased | ||||||
11 | person would have qualified for compensation under Section 2 | ||||||
12 | except for his death and his death was connected with such | ||||||
13 | service and resulted from such service during the time period | ||||||
14 | specified in Section 2, his survivors, in the order named in | ||||||
15 | this Section, shall be paid $1000. | ||||||
16 | Where a preceding beneficiary fails to file a claim for | ||||||
17 | compensation after the official notice of death the Department | ||||||
18 | of Veterans Veterans' Affairs may proceed to process | ||||||
19 | applications from succeeding beneficiaries, and such | ||||||
20 | beneficiaries may then proceed to qualify upon submission of | ||||||
21 | satisfactory proof of eligibility. | ||||||
22 | (Source: P.A. 100-143, eff. 1-1-18 .)
| ||||||
23 | (330 ILCS 30/5) (from Ch. 126 1/2, par. 57.55) |
| |||||||
| |||||||
1 | Sec. 5. The Department of Veterans Veterans' Affairs has | ||||||
2 | complete charge and control of the general scheme of payments | ||||||
3 | authorized by this Act and shall adopt general rules for the | ||||||
4 | making of such payments, the ascertainment and selection of | ||||||
5 | proper beneficiaries and the amount to which such | ||||||
6 | beneficiaries are entitled, and for procedure. | ||||||
7 | If the person to whom compensation is payable under this | ||||||
8 | Act is under legal disability, it shall be paid to the person | ||||||
9 | legally vested with the care of such legally disabled person | ||||||
10 | under the laws of his State of residence. If no such person has | ||||||
11 | been so designated for the legally disabled person, payment | ||||||
12 | shall be made to the chief officer of any hospital or | ||||||
13 | institution under the supervision or control of any State or | ||||||
14 | of the Veterans Administration of the United States in which | ||||||
15 | such legally disabled person is placed, if such officer is | ||||||
16 | authorized to accept moneys for the benefit of the | ||||||
17 | incompetent. Any payments so made shall be held or used solely | ||||||
18 | for the benefit of the legally disabled person. | ||||||
19 | As used in this Section, a person under legal disability | ||||||
20 | means any person found to be so disabled by a court of | ||||||
21 | competent jurisdiction of any State or the District of | ||||||
22 | Columbia or by any adjudication officer of the Veterans | ||||||
23 | Administration of the United States. | ||||||
24 | (Source: P.A. 100-143, eff. 1-1-18 .)
| ||||||
25 | (330 ILCS 30/6) (from Ch. 126 1/2, par. 57.56) |
| |||||||
| |||||||
1 | Sec. 6. Any application for compensation under this Act | ||||||
2 | must be made to the Illinois Department of Veterans Veterans' | ||||||
3 | Affairs. | ||||||
4 | (Source: P.A. 80-244.)
| ||||||
5 | Section 325. The War on Terrorism Compensation Act is | ||||||
6 | amended by changing Sections 5, 20, and 25 as follows:
| ||||||
7 | (330 ILCS 32/5) | ||||||
8 | Sec. 5. Definitions. In this Act: | ||||||
9 | "Armed forces of the United States" means the United | ||||||
10 | States Army, Navy, Air Force, Space Force, Marine Corps, or | ||||||
11 | Coast Guard, the United States Reserve Forces, or the Illinois | ||||||
12 | National Guard. Service in the merchant marine is not service | ||||||
13 | in the armed forces for purposes of this Act. | ||||||
14 | "Department" means the Illinois Department of Veterans | ||||||
15 | Veterans' Affairs. | ||||||
16 | (Source: P.A. 103-746, eff. 1-1-25 .)
| ||||||
17 | (330 ILCS 32/20) | ||||||
18 | Sec. 20. Legal disability. If a person to whom | ||||||
19 | compensation is payable under this Act is under a legal | ||||||
20 | disability, the compensation shall be paid to the person | ||||||
21 | legally vested with the care of the person under a legal | ||||||
22 | disability under the laws of his or her state of residence. If | ||||||
23 | no such person has been so designated for the person under a |
| |||||||
| |||||||
1 | legal disability, payment shall be made to the chief officer | ||||||
2 | of any hospital or institution under the supervision or | ||||||
3 | control of any state or of the United States Department of | ||||||
4 | Veterans Affairs in which the person under a legal disability | ||||||
5 | is placed, if that officer is authorized to accept moneys for | ||||||
6 | the benefit of the person under a legal disability. Any | ||||||
7 | payments so made shall be held or used solely for the benefit | ||||||
8 | of the person under a legal disability. | ||||||
9 | As used in this Section, a person under a legal disability | ||||||
10 | means a person found to be so by a court of competent | ||||||
11 | jurisdiction of any state or the District of Columbia or by any | ||||||
12 | adjudication officer of the United States Department of | ||||||
13 | Veterans Affairs. | ||||||
14 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
15 | (330 ILCS 32/25) | ||||||
16 | Sec. 25. Application to Department of Veterans Veterans' | ||||||
17 | Affairs. An application for compensation under this Act must | ||||||
18 | be made to the Department. | ||||||
19 | (Source: P.A. 96-76, eff. 7-24-09.)
| ||||||
20 | Section 330. The Prisoner of War Bonus Act is amended by | ||||||
21 | changing Sections 2, 4, and 5 as follows:
| ||||||
22 | (330 ILCS 35/2) (from Ch. 126 1/2, par. 57.62) | ||||||
23 | Sec. 2. The widow or widower, child or children, mother, |
| |||||||
| |||||||
1 | father, person standing in loco parentis, brothers and | ||||||
2 | sisters, in the order named, of any deceased person shall be | ||||||
3 | paid the compensation to which the deceased person would be | ||||||
4 | entitled under Section 1 of this Act. | ||||||
5 | Where a preceding beneficiary fails to file a claim for | ||||||
6 | compensation after the official notice of death the Department | ||||||
7 | of Veterans Veterans' Affairs may proceed to process | ||||||
8 | applications from succeeding beneficiaries and such | ||||||
9 | beneficiaries may then proceed to qualify upon submission of | ||||||
10 | satisfactory proof of eligibility. | ||||||
11 | (Source: P.A. 100-143, eff. 1-1-18 .)
| ||||||
12 | (330 ILCS 35/4) (from Ch. 126 1/2, par. 57.64) | ||||||
13 | Sec. 4. The Department of Veterans Veterans' Affairs has | ||||||
14 | complete charge and control of the general scheme of payments | ||||||
15 | authorized by this Act and shall adopt general rules for the | ||||||
16 | making of such payments, the ascertainment and selection of | ||||||
17 | proper beneficiaries and the amount to which such | ||||||
18 | beneficiaries are entitled, and for procedure. | ||||||
19 | If the person to whom compensation is payable under this | ||||||
20 | Act is a person under a legal disability, it shall be paid to | ||||||
21 | the person legally vested with the care of such person under a | ||||||
22 | legal disability under the laws of this State of residence. If | ||||||
23 | no such person has been so designated for the person under a | ||||||
24 | legal disability, payment shall be made to the chief officer | ||||||
25 | of any hospital or institution under the supervision or |
| |||||||
| |||||||
1 | control of any State or of the Veterans Administration of the | ||||||
2 | United States in which such person under a legal disability is | ||||||
3 | placed, if such officer is authorized to accept moneys for the | ||||||
4 | benefit of the person under a legal disability. Any payments | ||||||
5 | so made shall be held or used solely for the benefit of the | ||||||
6 | person under a legal disability. | ||||||
7 | As used in this Section, a person under a legal disability | ||||||
8 | means any person found to be so disabled by a court of | ||||||
9 | competent jurisdiction of any State or the District of | ||||||
10 | Columbia or by any adjudication officer of the Veterans | ||||||
11 | Administration of the United States. | ||||||
12 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
13 | (330 ILCS 35/5) (from Ch. 126 1/2, par. 57.65) | ||||||
14 | Sec. 5. Any application for compensation under this Act | ||||||
15 | must be made to the Department of Veterans Veterans' Affairs. | ||||||
16 | (Source: P.A. 79-293.)
| ||||||
17 | Section 335. The War Bonus Extension Act is amended by | ||||||
18 | changing Section 1 as follows:
| ||||||
19 | (330 ILCS 40/1) (from Ch. 126 1/2, par. 57.71) | ||||||
20 | Sec. 1. As used in this Act: | ||||||
21 | "World War II Bonus Act" means "An Act to provide payment | ||||||
22 | of compensation to certain persons who served with the | ||||||
23 | military or naval forces of the United States prior to or in |
| |||||||
| |||||||
1 | the recent war with Germany, Italy, Japan and other nations, | ||||||
2 | or to their survivors, and to authorize the issuance and sale | ||||||
3 | of bonds of the State of Illinois to make said payments and to | ||||||
4 | provide for the payment of the principal of and interest upon | ||||||
5 | said bonds by a direct annual tax and by taxes levied and | ||||||
6 | imposed by amending Sections 6, 10 and 10a of the 'Illinois | ||||||
7 | Horse Racing Act', filed June 13, 1927, as amended, and by | ||||||
8 | taxes levied and imposed by amending Sections 2, 3 and 29 of | ||||||
9 | the 'Cigarette Tax Act', approved June 2, 1941, as amended", | ||||||
10 | approved June 14, 1946, as that Act existed immediately prior | ||||||
11 | to the repeal of Sections 1-1 through 1-6 thereof. | ||||||
12 | "Korean Veterans Compensation Act" means "AN ACT to | ||||||
13 | provide payment of compensation to certain persons who served | ||||||
14 | with the armed forces of the United States during the recent | ||||||
15 | armed struggle which is commonly called the Korean Conflict, | ||||||
16 | or to survivors; and to provide funds for the payment of such | ||||||
17 | compensation by a tax levied and imposed by amending Sections | ||||||
18 | 2 and 29 of the 'Cigarette Tax Act', approved June 2, 1941, as | ||||||
19 | amended, and by a tax levied and imposed by amending Sections 2 | ||||||
20 | and 35 of the 'Cigarette Use Tax Act', approved July 11, 1951, | ||||||
21 | as amended, and to make appropriations in connection | ||||||
22 | therewith", approved July 17, 1959, as that Act existed | ||||||
23 | immediately prior to the repeal of Sections 1-1 through 1-7 | ||||||
24 | thereof. | ||||||
25 | "Department" means the Illinois Department of Veterans | ||||||
26 | Veterans' Affairs. |
| |||||||
| |||||||
1 | (Source: P.A. 80-243.)
| ||||||
2 | Section 340. The Military Veterans Assistance Act is | ||||||
3 | amended by changing Section 1 as follows:
| ||||||
4 | (330 ILCS 45/1) (from Ch. 23, par. 3081) | ||||||
5 | Sec. 1. Definitions. As used in this Act: | ||||||
6 | "Veteran service organization" means a post, ship, camp, | ||||||
7 | chapter, or detachment of a congressionally chartered or state | ||||||
8 | chartered organization that (i) is formed by and for veterans, | ||||||
9 | (ii) has a paid membership of at least 15 individuals, and | ||||||
10 | (iii) provides responsible aid, assistance, or services to the | ||||||
11 | veteran community. | ||||||
12 | "Administrator of military veterans assistance" means the | ||||||
13 | commanders of the various veteran service organizations, the | ||||||
14 | superintendent of a County Veterans Assistance Commission, or | ||||||
15 | other persons whose duty it is, under the existing statutes, | ||||||
16 | to care for, relieve or maintain, wholly or in part, any person | ||||||
17 | who may be entitled to such assistance under the statutes of | ||||||
18 | the State of Illinois. This Act shall not infringe upon the | ||||||
19 | mandated powers and authorities vested in the Illinois | ||||||
20 | Department of Veterans Veterans' Affairs. | ||||||
21 | (Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)
| ||||||
22 | Section 345. The Veteran Service Organizations State | ||||||
23 | Charter Act is amended by changing Section 15 as follows:
|
| |||||||
| |||||||
1 | (330 ILCS 46/15) | ||||||
2 | Sec. 15. State charter requirements. To qualify for state | ||||||
3 | charter status, a veteran service organization must: | ||||||
4 | (1)(A) Have been formed by and for veterans, have a | ||||||
5 | board where a majority of its members are veterans, and | ||||||
6 | have annual expenditures that demonstrate that a majority | ||||||
7 | of the organization's expenses reflect support for | ||||||
8 | veterans; or (B) have a paid membership of at least 15 | ||||||
9 | individuals and be associated with a congressionally | ||||||
10 | chartered organization. | ||||||
11 | (2) Possess tax-exempt status from the Internal | ||||||
12 | Revenue Service either under Section 501(c)(3) or Section | ||||||
13 | 501(c)(19) of the Internal Revenue Code and have the | ||||||
14 | primary charitable purpose of providing service or | ||||||
15 | assistance to veterans, their spouses, or their | ||||||
16 | dependents. | ||||||
17 | (3) Possess a current certificate of good standing as | ||||||
18 | an Illinois registered not-for-profit organization from | ||||||
19 | the Secretary of State. | ||||||
20 | (4) Obtain and maintain ongoing registration and | ||||||
21 | compliance under the Charitable Trust Act with the | ||||||
22 | Charitable Trust Bureau of the Attorney General's Office | ||||||
23 | or substantiation for an exemption. | ||||||
24 | (5) For organizations with veteran service officers, | ||||||
25 | demonstrate that each veteran service officer possesses a |
| |||||||
| |||||||
1 | valid U.S. Department of Veterans Affairs accreditation or | ||||||
2 | that such accreditation is pending. | ||||||
3 | (6) Comply with the methods and criteria set forth | ||||||
4 | under Section 9 of the Military Veterans Assistance Act if | ||||||
5 | the veteran service organization has delegates and | ||||||
6 | alternates or is in the process of selecting and | ||||||
7 | submitting delegates and alternates to a county Veterans | ||||||
8 | Assistance Commission at the time of application for State | ||||||
9 | charter status. | ||||||
10 | (Source: P.A. 103-405, eff. 1-1-24 .)
| ||||||
11 | Section 355. The Housing for Veterans with Disabilities | ||||||
12 | Act is amended by changing Sections 2.1 and 3 as follows:
| ||||||
13 | (330 ILCS 65/2.1) (from Ch. 126 1/2, par. 59.1) | ||||||
14 | Sec. 2.1. (a) The Illinois Department of Veterans | ||||||
15 | Veterans' Affairs shall provide assistance to a veteran who is | ||||||
16 | eligible for and has been approved by the Administrator of | ||||||
17 | Veterans Affairs for the grant authorized under Section 801(b) | ||||||
18 | of Title 38 of the United States Code for remodeling a | ||||||
19 | dwelling, which is not adapted to the requirements of the | ||||||
20 | veteran's disability, and which was acquired by him prior to | ||||||
21 | his application for federal assistance. | ||||||
22 | (b) The amount of State assistance provided to a veteran | ||||||
23 | under subsection (a) of this Section shall be equal to the | ||||||
24 | lesser of (1) the difference between the total cost of |
| |||||||
| |||||||
1 | remodeling and the amount of assistance provided by the | ||||||
2 | federal government under Title 38, Section 801(b) of the | ||||||
3 | United States Code or (2) $3,000. However, if the amount of the | ||||||
4 | federal assistance is at least equal to the total cost of | ||||||
5 | remodeling the dwelling, then no State assistance shall be | ||||||
6 | granted under this Section. | ||||||
7 | (c) A veteran eligible for assistance under subsection (a) | ||||||
8 | of this Section shall not by reason of such eligibility be | ||||||
9 | denied benefits for which such veteran becomes eligible under | ||||||
10 | Section 2 of this Act. | ||||||
11 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
12 | (330 ILCS 65/3) (from Ch. 126 1/2, par. 60) | ||||||
13 | Sec. 3. Application for assistance under this Act shall be | ||||||
14 | made by the veteran to the Illinois Department of Veterans | ||||||
15 | Veterans' Affairs and shall be accompanied by satisfactory | ||||||
16 | evidence that the veteran has been approved by the | ||||||
17 | Administrator of Veterans Affairs for assistance in acquiring | ||||||
18 | a suitable dwelling unit or in remodeling a dwelling not | ||||||
19 | adapted to the requirements of his disability. The application | ||||||
20 | shall contain such information as will enable the Illinois | ||||||
21 | Department of Veterans Veterans' Affairs to determine the | ||||||
22 | amount of assistance to which the veteran is entitled. The | ||||||
23 | Illinois Department of Veterans Veterans' Affairs shall adopt | ||||||
24 | general rules for determining the question of whether an | ||||||
25 | applicant was a resident of this State at the time he entered |
| |||||||
| |||||||
1 | the service, and shall prescribe by rule the nature of the | ||||||
2 | proof to be submitted to establish the fact of residence. The | ||||||
3 | Illinois Department of Veterans Veterans' Affairs shall adopt | ||||||
4 | guidelines for determining types of remodeling and adaptations | ||||||
5 | which are reasonably necessary because of a veteran's | ||||||
6 | disability, for a veteran eligible for assistance under | ||||||
7 | Section 2.1 of this Act. | ||||||
8 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
9 | Section 360. The Records for Veterans Administration Act | ||||||
10 | is amended by changing Section 2 as follows:
| ||||||
11 | (330 ILCS 70/2) (from Ch. 116, par. 30) | ||||||
12 | Sec. 2. Whenever a copy of any public record is required by | ||||||
13 | any accredited Veterans Organization, the Department of | ||||||
14 | Veterans Veterans' Affairs, the Veterans Administration, the | ||||||
15 | Veteran or his dependent in connection with a claim for | ||||||
16 | benefits, the official charged with the custody of such public | ||||||
17 | record shall without charge provide accredited Veterans | ||||||
18 | Organization, the Department of Veterans Veterans' Affairs, | ||||||
19 | the Veterans Administration, the Veteran or his dependent, | ||||||
20 | with a certified copy of the requested record. | ||||||
21 | The request for the copy of the record must be in writing | ||||||
22 | with a statement, signed by an authorized official of the | ||||||
23 | accredited veterans organization, the Department of Veterans | ||||||
24 | Veterans' Affairs, the Veterans Administration, the Veteran or |
| |||||||
| |||||||
1 | his dependent, to the effect that the requested document is to | ||||||
2 | be used in obtaining benefits and, if the copy of the record is | ||||||
3 | to be mailed, must be accompanied by sufficient postage to pay | ||||||
4 | the cost of mailing. When the request is made as provided in | ||||||
5 | this section and, if mailing is necessary, is accompanied by | ||||||
6 | sufficient postage, the furnishing of the certified copy of | ||||||
7 | the record is mandatory upon the official charged with its | ||||||
8 | custody, and shall not be subject to the approval or sanction | ||||||
9 | of any other person, agency, or body politic or corporate | ||||||
10 | whether federal, state or municipal. | ||||||
11 | (Source: P.A. 85-169.)
| ||||||
12 | Section 365. The Survivors Compensation Act is amended by | ||||||
13 | changing Sections 2, 3, and 4 as follows:
| ||||||
14 | (330 ILCS 100/2) (from Ch. 126 1/2, par. 57.82) | ||||||
15 | Sec. 2. Persons entitled to compensation. The widow or | ||||||
16 | widower, child or children, mother, father, persons standing | ||||||
17 | in loco parentis, brothers and sisters, in the order named, of | ||||||
18 | any deceased person if (a) that person was a resident of | ||||||
19 | Illinois for at least 12 months immediately preceding entry | ||||||
20 | into military service and (b) that person's death was service | ||||||
21 | connected as a result of hostile action with unfriendly forces | ||||||
22 | during a period which has not been recognized by award of a | ||||||
23 | U.S. campaign or service medal, shall be paid $1,000. Where a | ||||||
24 | preceding beneficiary fails to file a claim of compensation |
| |||||||
| |||||||
1 | after the official notice of death, the Department of Veterans | ||||||
2 | Veterans' Affairs may accept applications from succeeding | ||||||
3 | beneficiaries and such beneficiaries may then proceed to | ||||||
4 | qualify upon submission of satisfactory proof of eligibility. | ||||||
5 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
6 | (330 ILCS 100/3) (from Ch. 126 1/2, par. 57.83) | ||||||
7 | Sec. 3. Applications. Any application for compensation | ||||||
8 | under this Act shall be made to the Illinois Department of | ||||||
9 | Veterans Veterans' Affairs on the form provided. | ||||||
10 | (Source: P.A. 85-170.)
| ||||||
11 | (330 ILCS 100/4) | ||||||
12 | Sec. 4. Compensation in connection with deceased veterans | ||||||
13 | of the Global War on Terrorism. | ||||||
14 | (a) The widow or widower, child or children, mother, | ||||||
15 | father, persons standing in loco parentis, brothers and | ||||||
16 | sisters, in the order named, of any deceased person if (i) that | ||||||
17 | person was a resident of Illinois for at least 12 months | ||||||
18 | immediately preceding entry into military service and (ii) | ||||||
19 | that person's death was service-connected as a result of | ||||||
20 | hostile action on or after September 11, 2001 and prior to such | ||||||
21 | time as Congress declares such persons ineligible for the | ||||||
22 | Global War on Terrorism Expeditionary Medal or the Global War | ||||||
23 | on Terrorism Service Medal shall be paid $3,000. | ||||||
24 | (b) If a preceding beneficiary fails to file a claim of |
| |||||||
| |||||||
1 | compensation after the official notice of death, the | ||||||
2 | Department of Veterans Veterans' Affairs may accept | ||||||
3 | applications from succeeding beneficiaries, and such | ||||||
4 | beneficiaries may then proceed to qualify upon submission of | ||||||
5 | satisfactory proof of eligibility. | ||||||
6 | (c) No right or claim to compensation under this Section | ||||||
7 | may be assigned. | ||||||
8 | (d) The Illinois Department of Veterans Veterans' Affairs | ||||||
9 | has complete charge and control of the general scheme of | ||||||
10 | payments authorized by this Section and shall adopt general | ||||||
11 | rules for the making of those payments, for the ascertainment | ||||||
12 | and selection of proper beneficiaries and the amount to which | ||||||
13 | those beneficiaries are entitled, and for procedure. | ||||||
14 | (e) If the person to whom compensation is payable under | ||||||
15 | this Section is under legal disability, the compensation shall | ||||||
16 | be paid to the person legally vested with the care of the | ||||||
17 | legally disabled person under the laws of his or her state of | ||||||
18 | residence. If no such person has been so designated for the | ||||||
19 | legally disabled person, payment shall be made to the chief | ||||||
20 | officer of any hospital or institution under the supervision | ||||||
21 | or control of any state or of the Veterans Administration of | ||||||
22 | the United States in which the legally disabled person is | ||||||
23 | placed, if the officer is authorized to accept moneys for the | ||||||
24 | benefit of the incompetent. Any payments so made shall be held | ||||||
25 | or used solely for the benefit of the legally disabled person. | ||||||
26 | As used in this Section, a person "under legal disability" |
| |||||||
| |||||||
1 | means any person found to be so disabled by a court of | ||||||
2 | competent jurisdiction of any state or the District of | ||||||
3 | Columbia or by any adjudication officer of the Veterans | ||||||
4 | Administration of the United States. | ||||||
5 | (Source: P.A. 93-976, eff. 8-20-04.)
| ||||||
6 | Section 370. The Deceased, Disabled, and MIA/POW Veterans' | ||||||
7 | Dependents Educational Opportunity Grant Act is amended by | ||||||
8 | changing Sections 1 and 2 as follows:
| ||||||
9 | (330 ILCS 105/1) (from Ch. 126 1/2, par. 26) | ||||||
10 | Sec. 1. The Illinois Department of Veterans Veterans' | ||||||
11 | Affairs shall provide, insofar as moneys are appropriated for | ||||||
12 | those purposes, for matriculation and tuition fees, board, | ||||||
13 | room rent, books and supplies for the use and benefit of any | ||||||
14 | natural child, adopted child, minor child who is under a | ||||||
15 | court-ordered guardianship for at least 2 continuous years | ||||||
16 | prior to application, or step-child of an eligible veteran or | ||||||
17 | serviceperson, if the child is not under 10 and not over 18 | ||||||
18 | years of age, except extension of time may be granted for a | ||||||
19 | child to complete high school but in no event beyond the 19th | ||||||
20 | birthday, who has for 12 months immediately preceding his or | ||||||
21 | her application for these benefits had his or her domicile in | ||||||
22 | the State of Illinois. The child must provide proof of | ||||||
23 | compliance with Illinois compulsory attendance requirements as | ||||||
24 | provided in Section 26-1 of the School Code. |
| |||||||
| |||||||
1 | "Eligible veteran or serviceperson" means any veteran or | ||||||
2 | serviceperson, including an Illinois National Guard member, | ||||||
3 | who is on active duty or is active on a training assignment, | ||||||
4 | who has been declared by the U.S. Department of Defense or the | ||||||
5 | U.S. Department of Veterans Affairs to be a prisoner of war or | ||||||
6 | missing in action, or has died as the result of a | ||||||
7 | service-connected disability, or has become a person with a | ||||||
8 | permanent disability from service-connected causes with 100% | ||||||
9 | disability and who (i) at the time of entering service was an | ||||||
10 | Illinois resident, or (ii) was an Illinois resident within 6 | ||||||
11 | months after entering such service, or (iii) is a resident of | ||||||
12 | Illinois at the time of application for the grant and, at some | ||||||
13 | point after entering such service, was a resident of Illinois | ||||||
14 | for at least 15 consecutive years. No more than $250.00 may be | ||||||
15 | paid under this Act for any one child for any one school year. | ||||||
16 | (Source: P.A. 102-855, eff. 5-13-22.)
| ||||||
17 | (330 ILCS 105/2) (from Ch. 126 1/2, par. 27) | ||||||
18 | Sec. 2. The amounts that become due to any child under this | ||||||
19 | Act, not in excess of the amount specified in Section 1 of this | ||||||
20 | Act, shall be payable to such child or, if such child is a | ||||||
21 | minor, to the eligible veteran or serviceperson or guardian on | ||||||
22 | vouchers approved by the Illinois Department of Veterans | ||||||
23 | Veterans' Affairs. The Illinois Department of Veterans | ||||||
24 | Veterans' Affairs shall adopt rules on how to render payments | ||||||
25 | to eligible minor children of deceased veterans or |
| |||||||
| |||||||
1 | servicepersons. The Department shall determine the eligibility | ||||||
2 | of the children who make application for the benefits provided | ||||||
3 | for in this Act; and satisfy itself of the attendance of such | ||||||
4 | children at any such institution or school. | ||||||
5 | (Source: P.A. 102-855, eff. 5-13-22.)
| ||||||
6 | Section 375. The Veterans Burial Places Act is amended by | ||||||
7 | changing Sections 1, 2, 3, and 3.1 as follows:
| ||||||
8 | (330 ILCS 110/1) (from Ch. 21, par. 59a) | ||||||
9 | Sec. 1. For the purpose of locating the burial places of | ||||||
10 | United States War Veterans and reporting to the United States | ||||||
11 | Government under the provisions of the Federal Law respecting | ||||||
12 | the erection of headstones at the graves of United States War | ||||||
13 | Veterans and the erection of memorial markers where the | ||||||
14 | remains of such veterans were not recovered or were buried at | ||||||
15 | sea, the Department of Veterans Veterans' Affairs shall | ||||||
16 | maintain a card file Roll of Honor, alphabetically arranged, | ||||||
17 | of all veterans buried in the State or, if no remains were | ||||||
18 | recovered or if such remains were buried at sea, of all the | ||||||
19 | memorial markers for such veterans placed in the State and an | ||||||
20 | additional record by counties showing the burials or memorial | ||||||
21 | markers in each cemetery in each county. The records, so far as | ||||||
22 | obtainable, shall contain the name of the veteran, war served | ||||||
23 | in, his rank, organizations, dates of enlistment and | ||||||
24 | discharge, date of death, description of grave or memorial |
| |||||||
| |||||||
1 | marker, and name and location of cemetery. It shall also be his | ||||||
2 | duty to prepare requisitions on the Federal Government for | ||||||
3 | headstones or memorial markers when same are desired and to | ||||||
4 | supervise their transportation from the railroad station to | ||||||
5 | and erection at the grave of the veteran or at the site for the | ||||||
6 | erection of a memorial marker if no remains were recovered or | ||||||
7 | if such remains were buried at sea, certifying bills for same | ||||||
8 | for payment. | ||||||
9 | The Department of Veterans Veterans' Affairs shall appoint | ||||||
10 | such additional employees as may be required to maintain the | ||||||
11 | records of War Veterans Graves and Memorial Markers | ||||||
12 | Registration. The appointment of such employees shall not be | ||||||
13 | subject to the provisions of any law relating to civil service | ||||||
14 | or job classification on a merit basis. | ||||||
15 | "United States War Veterans", for purposes of this Act, | ||||||
16 | means: | ||||||
17 | (1) Soldiers of the Union and Confederate Armies of the | ||||||
18 | Civil War. | ||||||
19 | (2) Members of the Armed Forces of the United States dying | ||||||
20 | in the service and former members whose last service | ||||||
21 | terminated honorably. | ||||||
22 | (3) Persons buried in post and national cemeteries. | ||||||
23 | (4) Members of a reserve component of the Armed Forces of | ||||||
24 | the United States, and members of the Army National Guard or | ||||||
25 | the Air National Guard, whose death occurred under honorable | ||||||
26 | conditions while they were: |
| |||||||
| |||||||
1 | (a) on active duty for training, or performing | ||||||
2 | full-time service under Section 316, 503, 504, or 505 of | ||||||
3 | Title 32, United States Code; | ||||||
4 | (b) performing authorized travel to or from that duty | ||||||
5 | or service; | ||||||
6 | (c) on authorized inactive duty training, including | ||||||
7 | training performed as members of the Army National Guard | ||||||
8 | or the Air National Guard; or | ||||||
9 | (d) hospitalized or undergoing treatment, at the | ||||||
10 | expense of the United States, for injury or disease | ||||||
11 | contracted or incurred under honorable conditions while | ||||||
12 | they were: | ||||||
13 | (i) on that duty or service; | ||||||
14 | (ii) performing that travel or inactive duty | ||||||
15 | training; or | ||||||
16 | (iii) undergoing that hospitalization or treatment | ||||||
17 | at the expenses of the United States. | ||||||
18 | (5) Members of the Reserve Officers Training Corps of the | ||||||
19 | Army, Navy, Space Force, or Air Force whose death occurred | ||||||
20 | under honorable conditions while they were: | ||||||
21 | (a) attending an authorized training camp or on an | ||||||
22 | authorized practice cruise; | ||||||
23 | (b) performing authorized travel to or from that camp | ||||||
24 | or cruise; or | ||||||
25 | (c) hospitalized or undergoing treatment, at the | ||||||
26 | expense of the United States, for injury or disease |
| |||||||
| |||||||
1 | contracted or incurred under honorable conditions while | ||||||
2 | they were: | ||||||
3 | (i) attending that camp or on that cruise; | ||||||
4 | (ii) performing that travel; or | ||||||
5 | (iii) undergoing that hospitalization or treatment | ||||||
6 | at the expense of the United States. | ||||||
7 | (Source: P.A. 103-746, eff. 1-1-25 .)
| ||||||
8 | (330 ILCS 110/2) (from Ch. 21, par. 59b) | ||||||
9 | Sec. 2. Every person, firm or corporation owning or | ||||||
10 | controlling any cemetery or burial place in this State shall | ||||||
11 | by itself, his or its superintendent or agent, keep a | ||||||
12 | permanent record of the burial of each United States War | ||||||
13 | Veteran or the erection of a memorial marker for any veteran | ||||||
14 | whose remains were not recovered or where buried at sea, such | ||||||
15 | record to contain the name of the veteran, date of death, and | ||||||
16 | the location of grave or memorial marker in cemetery, and when | ||||||
17 | requested so to do, shall report such information to the | ||||||
18 | Department of Veterans Veterans' Affairs on forms furnished by | ||||||
19 | the Department. Any person, firm or corporation owning or | ||||||
20 | controlling a cemetery or burial place, who fails to make and | ||||||
21 | file such report within 30 days after receipt of such request | ||||||
22 | is guilty of a petty offense and upon conviction thereof shall | ||||||
23 | be fined not less than $10 nor more than $100. It is the duty | ||||||
24 | of the State's attorney in the county where the cemetery or | ||||||
25 | burial place is located to enforce the provisions of this Act. |
| |||||||
| |||||||
1 | (Source: P.A. 81-167.)
| ||||||
2 | (330 ILCS 110/3) (from Ch. 21, par. 59c) | ||||||
3 | Sec. 3. For the purpose of locating the burial places of | ||||||
4 | United States War Veterans, the different Veteran | ||||||
5 | organizations, their auxiliaries and affiliated organizations | ||||||
6 | in the State of Illinois are authorized, without expense to | ||||||
7 | the State, to collect the required data and prepare and file | ||||||
8 | with the Department of Veterans Veterans' Affairs the | ||||||
9 | information provided for in Section 1 hereof. For filing and | ||||||
10 | recording this report, the Department of Veterans Veterans' | ||||||
11 | Affairs may charge a fee of 25 cents for a single report and | ||||||
12 | not to exceed 50 cents per folio for reports containing more | ||||||
13 | than one name and more than one folio. A representative of the | ||||||
14 | Department of Veterans Veterans' Affairs may visit cemeteries | ||||||
15 | of the State or resort to any other reliable means to locate | ||||||
16 | the burial places of United States War Veterans. | ||||||
17 | (Source: P.A. 100-143, eff. 1-1-18 .)
| ||||||
18 | (330 ILCS 110/3.1) (from Ch. 21, par. 59c1) | ||||||
19 | Sec. 3.1. The Department of Veterans Veterans' Affairs | ||||||
20 | shall promulgate rules and procedures reasonably necessary for | ||||||
21 | the administration of this Act. | ||||||
22 | (Source: P.A. 86-506.)
| ||||||
23 | Section 385. The Veterans' Health Insurance Program Act of |
| |||||||
| |||||||
1 | 2008 is amended by changing Sections 10 and 25 as follows:
| ||||||
2 | (330 ILCS 126/10) | ||||||
3 | Sec. 10. Operation of the Program. | ||||||
4 | (a) The Veterans' Health Insurance Program is created. | ||||||
5 | This Program is not an entitlement. Enrollment is based on the | ||||||
6 | availability of funds, and enrollment may be capped based on | ||||||
7 | funds appropriated for the Program. As soon as practical after | ||||||
8 | the effective date of this Act, coverage for this Program | ||||||
9 | shall begin. The Program shall be administered by the | ||||||
10 | Department of Healthcare and Family Services in collaboration | ||||||
11 | with the Department of Veterans Veterans' Affairs. The | ||||||
12 | Department shall have the same powers and authority to | ||||||
13 | administer the Program as are provided to the Department in | ||||||
14 | connection with the Department's administration of the | ||||||
15 | Illinois Public Aid Code. The Department shall coordinate the | ||||||
16 | Program with other health programs operated by the Department | ||||||
17 | and other State and federal agencies. | ||||||
18 | (b) The Department shall operate the Program in a manner | ||||||
19 | so that the estimated cost of the Program during the fiscal | ||||||
20 | year will not exceed the total appropriation for the Program. | ||||||
21 | The Department may take any appropriate action to limit | ||||||
22 | spending or enrollment into the Program, including, but not | ||||||
23 | limited to, ceasing to accept or process applications, | ||||||
24 | reviewing eligibility more frequently than annually, adjusting | ||||||
25 | cost-sharing, or reducing the income threshold for eligibility |
| |||||||
| |||||||
1 | as necessary to control expenditures for the Program. | ||||||
2 | (c) Notwithstanding subsections (a) and (b) and with the | ||||||
3 | mutual agreement of the Department of Veterans Veterans' | ||||||
4 | Affairs and the Department of Healthcare and Family Services, | ||||||
5 | the operation of the Program may be changed to simplify its | ||||||
6 | administration and to take advantage of health insurance | ||||||
7 | coverage that may be available to veterans under the Patient | ||||||
8 | Protection and Affordable Care Act. | ||||||
9 | (Source: P.A. 98-104, eff. 7-22-13.)
| ||||||
10 | (330 ILCS 126/25) | ||||||
11 | Sec. 25. Illinois Department of Veterans Veterans' | ||||||
12 | Affairs. The Department shall coordinate with the Illinois | ||||||
13 | Department of Veterans Veterans' Affairs and the Veterans | ||||||
14 | Assistance Commissions to allow State Veterans Veterans' | ||||||
15 | Affairs service officers and the Veterans Assistance | ||||||
16 | Commissions to assist veterans to apply for the Program. All | ||||||
17 | applicants must be reviewed for Veterans Health Administration | ||||||
18 | eligibility or other existing health benefits prior to | ||||||
19 | consideration for the Program. | ||||||
20 | (Source: P.A. 95-755, eff. 7-25-08 .)
| ||||||
21 | Section 390. The National Guard Veterans Exposure to | ||||||
22 | Hazardous Materials Act is amended by changing Section 10 as | ||||||
23 | follows:
|
| |||||||
| |||||||
1 | (330 ILCS 130/10) | ||||||
2 | Sec. 10. Assistance in obtaining information on treatment. | ||||||
3 | On and after October 1, 2007, the Department of Veterans | ||||||
4 | Veterans' Affairs shall assist any eligible member or veteran | ||||||
5 | who (i) has been assigned a risk level I, II, or III for | ||||||
6 | depleted uranium exposure by his or her branch of service, | ||||||
7 | (ii) is referred by a military physician, or (iii) has reason | ||||||
8 | to believe that he or she was exposed to depleted uranium | ||||||
9 | during such service, in obtaining information on available | ||||||
10 | federal treatment services, including a best practice health | ||||||
11 | screening test for exposure to depleted uranium using a | ||||||
12 | bioassay procedure involving sensitive methods capable of | ||||||
13 | detecting depleted uranium at low levels and the use of | ||||||
14 | equipment with the capacity to discriminate between different | ||||||
15 | radioisotopes in naturally occurring levels of uranium and the | ||||||
16 | characteristic ratio and marker for depleted uranium. No State | ||||||
17 | funds shall be used to pay for such tests or other federal | ||||||
18 | treatment services. | ||||||
19 | (Source: P.A. 95-597, eff. 9-11-07.)
| ||||||
20 | Section 395. The Veterans' and Military Discount Program | ||||||
21 | Act is amended by changing Sections 10 and 20 as follows:
| ||||||
22 | (330 ILCS 140/10) | ||||||
23 | Sec. 10. Veterans' and Military Discount Program. The | ||||||
24 | Department of Veterans Veterans' Affairs shall establish and |
| |||||||
| |||||||
1 | administer a Veterans' and Military Discount Program that | ||||||
2 | enables veterans, active duty military personnel, and those | ||||||
3 | spouses and dependents of veterans and military personnel who | ||||||
4 | have been issued a valid Military ID card or Military | ||||||
5 | Dependent ID card to use the following photo identification at | ||||||
6 | participating merchants to receive a discount on goods and | ||||||
7 | services or to receive another appropriate money-saving | ||||||
8 | promotion of a merchant's choice: | ||||||
9 | (1) veterans who have a valid driver's license or | ||||||
10 | Illinois Identification Card issued pursuant to subsection | ||||||
11 | (e) of Section 6-106 of the Illinois Vehicle Code or | ||||||
12 | subsection (c-5) of Section 4 of the Illinois | ||||||
13 | Identification Card Act; | ||||||
14 | (2) active duty military personnel who have a valid | ||||||
15 | Common Access Card issued by the U.S. Department of | ||||||
16 | Defense indicating the cardholder's active duty status; | ||||||
17 | and | ||||||
18 | (3) those spouses and dependents of veterans and | ||||||
19 | military personnel who have been issued a valid Military | ||||||
20 | ID card or Military Dependent ID card. | ||||||
21 | (Source: P.A. 101-335, eff. 8-9-19.)
| ||||||
22 | (330 ILCS 140/20) | ||||||
23 | Sec. 20. Rules. The Department of Veterans Veterans' | ||||||
24 | Affairs shall adopt any rules necessary to implement this Act. | ||||||
25 | (Source: P.A. 99-374, eff. 8-17-15.)
|
| |||||||
| |||||||
1 | Section 400. The Smoke Free Illinois Act is amended by | ||||||
2 | changing Section 35 as follows:
| ||||||
3 | (410 ILCS 82/35) | ||||||
4 | Sec. 35. Exemptions. Notwithstanding any other provision | ||||||
5 | of this Act, smoking is allowed in the following areas: | ||||||
6 | (1) Private residences or dwelling places, except when | ||||||
7 | used as a child care, adult day care, or healthcare | ||||||
8 | facility or any other home-based business open to the | ||||||
9 | public. | ||||||
10 | (2) Retail tobacco stores as defined in Section 10 of | ||||||
11 | this Act in operation prior to January 1, 2008 (the | ||||||
12 | effective date of Public Act 95-17). The retail tobacco | ||||||
13 | store shall annually file with the Department by January | ||||||
14 | 31st an affidavit stating the percentage of its gross | ||||||
15 | income during the prior calendar year that was derived | ||||||
16 | from the sale of loose tobacco, plants, or herbs and | ||||||
17 | cigars, cigarettes, pipes, or other smoking devices for | ||||||
18 | smoking tobacco and related smoking accessories. Any | ||||||
19 | retail tobacco store that begins operation after January | ||||||
20 | 1, 2008 (the effective date of Public Act 95-17) may only | ||||||
21 | qualify for an exemption if located in a freestanding | ||||||
22 | structure occupied solely by the business and smoke from | ||||||
23 | the business does not migrate into an enclosed area where | ||||||
24 | smoking is prohibited. A retail tobacco store that derives |
| |||||||
| |||||||
1 | at least 80% of its gross revenue from the sale of | ||||||
2 | electronic cigarettes and electronic cigarette equipment | ||||||
3 | and accessories in operation before January 1, 2024 (the | ||||||
4 | effective date of Public Act 103-272) qualifies for this | ||||||
5 | exemption for electronic cigarettes only. A retail tobacco | ||||||
6 | store claiming an exemption for electronic cigarettes | ||||||
7 | shall annually file with the Department by January 31 an | ||||||
8 | affidavit stating the percentage of its gross income | ||||||
9 | during the prior calendar year that was derived from the | ||||||
10 | sale of electronic cigarettes. A retail tobacco store may, | ||||||
11 | with authorization or permission from a unit of local | ||||||
12 | government, including a home rule unit, or any non-home | ||||||
13 | rule county within the unincorporated territory of the | ||||||
14 | county, allow the on-premises consumption of cannabis in | ||||||
15 | specially designated areas. | ||||||
16 | (3) (Blank). | ||||||
17 | (4) Hotel and motel sleeping rooms that are rented to | ||||||
18 | guests and are designated as smoking rooms, provided that | ||||||
19 | all smoking rooms on the same floor must be contiguous and | ||||||
20 | smoke from these rooms must not infiltrate into nonsmoking | ||||||
21 | rooms or other areas where smoking is prohibited. Not more | ||||||
22 | than 25% of the rooms rented to guests in a hotel or motel | ||||||
23 | may be designated as rooms where smoking is allowed. The | ||||||
24 | status of rooms as smoking or nonsmoking may not be | ||||||
25 | changed, except to permanently add additional nonsmoking | ||||||
26 | rooms. |
| |||||||
| |||||||
1 | (5) Enclosed laboratories that are excluded from the | ||||||
2 | definition of "place of employment" in Section 10 of this | ||||||
3 | Act. Rulemaking authority to implement Public Act 95-1029, | ||||||
4 | if any, is conditioned on the rules being adopted in | ||||||
5 | accordance with all provisions of the Illinois | ||||||
6 | Administrative Procedure Act and all rules and procedures | ||||||
7 | of the Joint Committee on Administrative Rules; any | ||||||
8 | purported rule not so adopted, for whatever reason, is | ||||||
9 | unauthorized. | ||||||
10 | (6) Common smoking rooms in long-term care facilities | ||||||
11 | operated under the authority of the Illinois Department of | ||||||
12 | Veterans Veterans' Affairs or licensed under the Nursing | ||||||
13 | Home Care Act that are accessible only to residents who | ||||||
14 | are smokers and have requested in writing to have access | ||||||
15 | to the common smoking room where smoking is permitted and | ||||||
16 | the smoke shall not infiltrate other areas of the | ||||||
17 | long-term care facility. Rulemaking authority to implement | ||||||
18 | Public Act 95-1029, if any, is conditioned on the rules | ||||||
19 | being adopted in accordance with all provisions of the | ||||||
20 | Illinois Administrative Procedure Act and all rules and | ||||||
21 | procedures of the Joint Committee on Administrative Rules; | ||||||
22 | any purported rule not so adopted, for whatever reason, is | ||||||
23 | unauthorized. | ||||||
24 | (7) A convention hall of the Donald E. Stephens | ||||||
25 | Convention Center where a meeting or trade show for | ||||||
26 | manufacturers and suppliers of tobacco and tobacco |
| |||||||
| |||||||
1 | products and accessories is being held, during the time | ||||||
2 | the meeting or trade show is occurring, if the meeting or | ||||||
3 | trade show: | ||||||
4 | (i) is a trade-only event and not open to the | ||||||
5 | public; | ||||||
6 | (ii) is limited to attendees and exhibitors that | ||||||
7 | are 21 years of age or older; | ||||||
8 | (iii) is being produced or organized by a business | ||||||
9 | relating to tobacco or a professional association for | ||||||
10 | convenience stores; and | ||||||
11 | (iv) involves the display of tobacco products. | ||||||
12 | Smoking is not allowed in any public area outside of | ||||||
13 | the hall designated for the meeting or trade show. | ||||||
14 | This paragraph (7) is inoperative on and after October | ||||||
15 | 1, 2015. | ||||||
16 | (8) A dispensing organization, as defined in the | ||||||
17 | Cannabis Regulation and Tax Act, authorized or permitted | ||||||
18 | by a unit local government to allow on-site consumption of | ||||||
19 | cannabis, if the establishment: (1) maintains a specially | ||||||
20 | designated area or areas for the purpose of heating, | ||||||
21 | burning, smoking, or lighting cannabis; (2) is limited to | ||||||
22 | individuals 21 or older; and (3) maintains a locked door | ||||||
23 | or barrier to any specially designated areas for the | ||||||
24 | purpose of heating, burning, smoking or lighting cannabis. | ||||||
25 | (Source: P.A. 103-272, eff. 1-1-24; 103-605, eff. 7-1-24.)
|
| |||||||
| |||||||
1 | Section 405. The Compassionate Use of Medical Cannabis | ||||||
2 | Program Act is amended by changing Section 5 as follows:
| ||||||
3 | (410 ILCS 130/5) | ||||||
4 | Sec. 5. Findings. | ||||||
5 | (a) The recorded use of cannabis as a medicine goes back | ||||||
6 | nearly 5,000 years. Modern medical research has confirmed the | ||||||
7 | beneficial uses of cannabis in treating or alleviating the | ||||||
8 | pain, nausea, and other symptoms associated with a variety of | ||||||
9 | debilitating medical conditions, including cancer, multiple | ||||||
10 | sclerosis, and HIV/AIDS, as found by the National Academy of | ||||||
11 | Sciences' Institute of Medicine in March 1999. | ||||||
12 | (b) Studies published since the 1999 Institute of Medicine | ||||||
13 | report continue to show the therapeutic value of cannabis in | ||||||
14 | treating a wide array of debilitating medical conditions. | ||||||
15 | These include relief of the neuropathic pain caused by | ||||||
16 | multiple sclerosis, HIV/AIDS, and other illnesses that often | ||||||
17 | fail to respond to conventional treatments and relief of | ||||||
18 | nausea, vomiting, and other side effects of drugs used to | ||||||
19 | treat HIV/AIDS and hepatitis C, increasing the chances of | ||||||
20 | patients continuing on life-saving treatment regimens. | ||||||
21 | (c) Cannabis has many currently accepted medical uses in | ||||||
22 | the United States, having been recommended by thousands of | ||||||
23 | licensed physicians to at least 600,000 patients in states | ||||||
24 | with medical cannabis laws. The medical utility of cannabis is | ||||||
25 | recognized by a wide range of medical and public health |
| |||||||
| |||||||
1 | organizations, including the American Academy of HIV Medicine, | ||||||
2 | the American College of Physicians, the American Nurses | ||||||
3 | Association, the American Public Health Association, the | ||||||
4 | Leukemia & Lymphoma Society, and many others. | ||||||
5 | (d) Data from the Federal Bureau of Investigation's | ||||||
6 | Uniform Crime Reports and the Compendium of Federal Justice | ||||||
7 | Statistics show that approximately 99 out of every 100 | ||||||
8 | cannabis arrests in the U.S. are made under state law, rather | ||||||
9 | than under federal law. Consequently, changing State law will | ||||||
10 | have the practical effect of protecting from arrest the vast | ||||||
11 | majority of seriously ill patients who have a medical need to | ||||||
12 | use cannabis. | ||||||
13 | (d-5) In 2014, the Task Force on Veterans' Suicide was | ||||||
14 | created by the Illinois General Assembly to gather data on | ||||||
15 | veterans' suicide prevention. Data from a U.S. Department of | ||||||
16 | Veterans Affairs study indicates that 22 veterans commit | ||||||
17 | suicide each day. | ||||||
18 | (d-10) According to the State of Illinois Opioid Action | ||||||
19 | Plan released in September 2017, "The opioid epidemic is the | ||||||
20 | most significant public health and public safety crisis facing | ||||||
21 | Illinois". According to the Action Plan, "Fueled by the | ||||||
22 | growing opioid epidemic, drug overdoses have now become the | ||||||
23 | leading cause of death nationwide for people under the age of | ||||||
24 | 50. In Illinois, opioid overdoses have killed nearly 11,000 | ||||||
25 | people since 2008. Just last year, nearly 1,900 people died of | ||||||
26 | overdoses-almost twice the number of fatal car crashes. Beyond |
| |||||||
| |||||||
1 | these deaths are thousands of emergency department visits, | ||||||
2 | hospital stays, as well as the pain suffered by individuals, | ||||||
3 | families, and communities". | ||||||
4 | According to the Action Plan, "At the current rate, the | ||||||
5 | opioid epidemic will claim the lives of more than 2,700 | ||||||
6 | Illinoisans in 2020". | ||||||
7 | Further, the Action Plan states, "Physical tolerance to | ||||||
8 | opioids can begin to develop as early as two to three days | ||||||
9 | following the continuous use of opioids, which is a large | ||||||
10 | factor that contributes to their addictive potential". | ||||||
11 | The 2017 State of Illinois Opioid Action Plan also states, | ||||||
12 | "The increase in OUD [opioid use disorder] and opioid overdose | ||||||
13 | deaths is largely due to the dramatic rise in the rate and | ||||||
14 | amount of opioids prescribed for pain over the past decades". | ||||||
15 | Further, according to the Action Plan, "In the absence of | ||||||
16 | alternative treatments, reducing the supply of prescription | ||||||
17 | opioids too abruptly may drive more people to switch to using | ||||||
18 | illicit drugs (including heroin), thus increasing the risk of | ||||||
19 | overdose". | ||||||
20 | (e) Alaska, Arizona, California, Colorado, Connecticut, | ||||||
21 | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, | ||||||
22 | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, | ||||||
23 | Washington, and Washington, D.C. have removed state-level | ||||||
24 | criminal penalties from the medical use and cultivation of | ||||||
25 | cannabis. Illinois joins in this effort for the health and | ||||||
26 | welfare of its citizens. |
| |||||||
| |||||||
1 | (f) States are not required to enforce federal law or | ||||||
2 | prosecute people for engaging in activities prohibited by | ||||||
3 | federal law. Therefore, compliance with this Act does not put | ||||||
4 | the State of Illinois in violation of federal law. | ||||||
5 | (g) State law should make a distinction between the | ||||||
6 | medical and non-medical uses of cannabis. Hence, the purpose | ||||||
7 | of this Act is to protect patients with debilitating medical | ||||||
8 | conditions, as well as their physicians and providers, from | ||||||
9 | arrest and prosecution, criminal and other penalties, and | ||||||
10 | property forfeiture if the patients engage in the medical use | ||||||
11 | of cannabis. | ||||||
12 | (Source: P.A. 102-982, eff. 7-1-23 .)
| ||||||
13 | Section 410. The Vital Records Act is amended by changing | ||||||
14 | Section 18 as follows:
| ||||||
15 | (410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18) | ||||||
16 | Sec. 18. (1) Each death which occurs in this State shall be | ||||||
17 | registered by filing a death certificate with the local | ||||||
18 | registrar of the district in which the death occurred or the | ||||||
19 | body was found, within 7 days after such death (within 5 days | ||||||
20 | if the death occurs prior to January 1, 1989) and prior to | ||||||
21 | cremation or removal of the body from the State, except when | ||||||
22 | death is subject to investigation by the coroner or medical | ||||||
23 | examiner. If a death occurs in this State in a county outside | ||||||
24 | the deceased's county of residence, the local registrar of the |
| |||||||
| |||||||
1 | district in which the death certificate was filed shall, | ||||||
2 | within 7 days of its filing, send a copy of the death | ||||||
3 | certificate to the local registrar in the district where the | ||||||
4 | deceased's county of residence is located. | ||||||
5 | (a) For the purposes of this Section, if the place of | ||||||
6 | death is unknown, a death certificate shall be filed in | ||||||
7 | the registration district in which a dead body is found, | ||||||
8 | which shall be considered the place of death. | ||||||
9 | (b) When a death occurs on a moving conveyance, the | ||||||
10 | place where the body is first removed from the conveyance | ||||||
11 | shall be considered the place of death and a death | ||||||
12 | certificate shall be filed in the registration district in | ||||||
13 | which such place is located. | ||||||
14 | (c) The funeral director who first assumes custody of | ||||||
15 | a dead body shall be responsible for filing a completed | ||||||
16 | death certificate. He or she shall obtain the personal | ||||||
17 | data from the next of kin or the best qualified person or | ||||||
18 | source available; he or she shall enter on the certificate | ||||||
19 | the name, relationship, and address of the informant; he | ||||||
20 | or she shall enter the date, place, and method of final | ||||||
21 | disposition; he or she shall affix his or her own | ||||||
22 | signature and enter his or her address; and shall present | ||||||
23 | the certificate to the person responsible for completing | ||||||
24 | the medical certification of cause of death. The person | ||||||
25 | responsible for completing the medical certification of | ||||||
26 | cause of death must note the presence of |
| |||||||
| |||||||
1 | methicillin-resistant staphylococcus aureus, clostridium | ||||||
2 | difficile, or vancomycin-resistant enterococci if it is a | ||||||
3 | contributing factor to or the cause of death. Additional | ||||||
4 | multi-drug resistant organisms (MDROs) may be added to | ||||||
5 | this list by the Department by rule. | ||||||
6 | (2) The medical certification shall be completed and | ||||||
7 | signed within 48 hours after death by the certifying health | ||||||
8 | care professional who, within 12 months prior to the date of | ||||||
9 | the patient's death, was treating or managing treatment of the | ||||||
10 | patient's illness or condition which resulted in death, except | ||||||
11 | when death is subject to the coroner's or medical examiner's | ||||||
12 | investigation. In the absence of the certifying health care | ||||||
13 | professional or with his or her approval, the medical | ||||||
14 | certificate may be completed and signed by his or her | ||||||
15 | associate physician, advanced practice registered nurse, or | ||||||
16 | physician assistant, the chief medical officer of the | ||||||
17 | institution in which death occurred, or the physician who | ||||||
18 | performed an autopsy upon the decedent. | ||||||
19 | (3) When a death occurs without medical attendance, or | ||||||
20 | when it is otherwise subject to the coroner's or medical | ||||||
21 | examiner's investigation, the coroner or medical examiner | ||||||
22 | shall be responsible for the completion of a coroner's or | ||||||
23 | medical examiner's certificate of death and shall sign the | ||||||
24 | medical certification within 48 hours after death, except as | ||||||
25 | provided by regulation in special problem cases. If the | ||||||
26 | decedent was under the age of 18 years at the time of his or |
| |||||||
| |||||||
1 | her death, and the death was due to injuries suffered as a | ||||||
2 | result of a motor vehicle backing over a child, or if the death | ||||||
3 | occurred due to the power window of a motor vehicle, the | ||||||
4 | coroner or medical examiner must send a copy of the medical | ||||||
5 | certification, with information documenting that the death was | ||||||
6 | due to a vehicle backing over the child or that the death was | ||||||
7 | caused by a power window of a vehicle, to the Department of | ||||||
8 | Children and Family Services. The Department of Children and | ||||||
9 | Family Services shall (i) collect this information for use by | ||||||
10 | Child Death Review Teams and (ii) compile and maintain this | ||||||
11 | information as part of its Annual Child Death Review Team | ||||||
12 | Report to the General Assembly. | ||||||
13 | (3.5) The medical certification of cause of death shall | ||||||
14 | expressly provide an opportunity for the person completing the | ||||||
15 | certification to indicate that the death was caused in whole | ||||||
16 | or in part by a dementia-related disease, Parkinson's Disease, | ||||||
17 | or Parkinson-Dementia Complex. | ||||||
18 | (4) When the deceased was a veteran of any war of the | ||||||
19 | United States, the funeral director shall prepare a | ||||||
20 | "Certificate of Burial of U. S. War Veteran", as prescribed | ||||||
21 | and furnished by the Illinois Department of Veterans Veterans' | ||||||
22 | Affairs, and submit such certificate to the Illinois | ||||||
23 | Department of Veterans Veterans' Affairs monthly. | ||||||
24 | (5) When a death is presumed to have occurred in this State | ||||||
25 | but the body cannot be located, a death certificate may be | ||||||
26 | prepared by the State Registrar upon receipt of an order of a |
| |||||||
| |||||||
1 | court of competent jurisdiction which includes the finding of | ||||||
2 | facts required to complete the death certificate. Such death | ||||||
3 | certificate shall be marked "Presumptive" and shall show on | ||||||
4 | its face the date of the registration and shall identify the | ||||||
5 | court and the date of the judgment. | ||||||
6 | (Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23; | ||||||
7 | 103-154, eff. 6-30-23; 103-741, eff. 8-2-24.)
| ||||||
8 | Section 420. The Fish and Aquatic Life Code is amended by | ||||||
9 | changing Sections 15-5 and 20-5 as follows:
| ||||||
10 | (515 ILCS 5/15-5) (from Ch. 56, par. 15-5) | ||||||
11 | Sec. 15-5. Commercial fisherman; license requirement. | ||||||
12 | (a) A "commercial fisherman" is defined as any individual | ||||||
13 | who uses any of the commercial fishing devices as defined by | ||||||
14 | this Code for the taking of any aquatic life, except mussels, | ||||||
15 | protected by the terms of this Code. | ||||||
16 | (b) All commercial fishermen shall have a commercial | ||||||
17 | fishing license. In addition to a commercial fishing license, | ||||||
18 | a commercial fisherman shall also obtain a sport fishing | ||||||
19 | license. All individuals assisting a licensed commercial | ||||||
20 | fisherman in taking aquatic life, except mussels, from any | ||||||
21 | waters of the State must have a commercial fishing license | ||||||
22 | unless these individuals are under the direct supervision of | ||||||
23 | and aboard the same watercraft as the licensed commercial | ||||||
24 | fisherman. An individual assisting a licensed commercial |
| |||||||
| |||||||
1 | fisherman must first obtain a sport fishing license. | ||||||
2 | (c) Notwithstanding any other provision of law to the | ||||||
3 | contrary, blind residents or residents with a disability may | ||||||
4 | fish with commercial fishing devices without holding a sports | ||||||
5 | fishing license. For the purpose of this Section, an | ||||||
6 | individual is blind or has a disability if that individual has | ||||||
7 | a Class 2 disability as defined in Section 4A of the Illinois | ||||||
8 | Identification Card Act. For the purposes of this Section, an | ||||||
9 | Illinois person with a Disability Identification Card issued | ||||||
10 | under the Illinois Identification Card Act indicating that the | ||||||
11 | individual named on the card has a Class 2 disability shall be | ||||||
12 | adequate documentation of a disability. | ||||||
13 | (d) Notwithstanding any other provision of law to the | ||||||
14 | contrary, a veteran who, according to the determination of the | ||||||
15 | federal Veterans' Administration as certified by the | ||||||
16 | Department of Veterans Veterans' Affairs, is at least 10% | ||||||
17 | disabled with service-related disabilities or in receipt of | ||||||
18 | total disability pensions may fish with commercial fishing | ||||||
19 | devices without holding a sports fishing license during those | ||||||
20 | periods of the year that it is lawful to fish with commercial | ||||||
21 | fishing devices, if the respective disabilities do not prevent | ||||||
22 | the veteran from fishing in a manner that is safe to him or | ||||||
23 | herself and others. | ||||||
24 | (e) A "Lake Michigan commercial fisherman" is defined as | ||||||
25 | an individual who resides in this State or an Illinois | ||||||
26 | corporation who uses any of the commercial fishing devices as |
| |||||||
| |||||||
1 | defined by this Code for the taking of aquatic life, except | ||||||
2 | mussels, protected by the terms of this Code. | ||||||
3 | (f) For purposes of this Section, an act or omission that | ||||||
4 | constitutes a violation committed by an officer, employee, or | ||||||
5 | agent of a corporation shall be deemed the act or omission of | ||||||
6 | the corporation. | ||||||
7 | (Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15; | ||||||
8 | 99-143, eff. 7-27-15.)
| ||||||
9 | (515 ILCS 5/20-5) (from Ch. 56, par. 20-5) | ||||||
10 | Sec. 20-5. Necessity of license; exemptions. | ||||||
11 | (a) Any person taking or attempting to take any fish, | ||||||
12 | including minnows for commercial purposes, turtles, mussels, | ||||||
13 | crayfish, or frogs by any means whatever in any waters or lands | ||||||
14 | wholly or in part within the jurisdiction of the State, | ||||||
15 | including that part of Lake Michigan under the jurisdiction of | ||||||
16 | this State, shall first obtain a license to do so, and shall do | ||||||
17 | so only during the respective periods of the year when it shall | ||||||
18 | be lawful as provided in this Code. Individuals under 16, | ||||||
19 | blind residents or residents with a disability, or individuals | ||||||
20 | fishing at fee fishing areas licensed by the Department, | ||||||
21 | however, may fish with sport fishing devices without being | ||||||
22 | required to have a license. For the purpose of this Section an | ||||||
23 | individual is blind or has a disability if that individual has | ||||||
24 | a Class 2 disability as defined in Section 4A of the Illinois | ||||||
25 | Identification Card Act. For purposes of this Section an |
| |||||||
| |||||||
1 | Illinois Person with a Disability Identification Card issued | ||||||
2 | under the Illinois Identification Card Act indicating that the | ||||||
3 | individual named on the card has a Class 2 disability shall be | ||||||
4 | adequate documentation of a disability. | ||||||
5 | (b) A courtesy non-resident sport fishing license or stamp | ||||||
6 | may be issued at the discretion of the Director, without fee, | ||||||
7 | to (i) any individual officially employed in the wildlife and | ||||||
8 | fish or conservation department of another state or of the | ||||||
9 | United States who is within the State to assist or consult or | ||||||
10 | cooperate with the Director or (ii) the officials of other | ||||||
11 | states, the United States, foreign countries, or officers or | ||||||
12 | representatives of conservation organizations or publications | ||||||
13 | while in the State as guests of the Governor or Director. | ||||||
14 | (c) The Director may issue special fishing permits without | ||||||
15 | cost to groups of hospital patients or to individuals with | ||||||
16 | disabilities for use on specified dates in connection with | ||||||
17 | supervised fishing for therapy. | ||||||
18 | (d) Veterans who, according to the determination of the | ||||||
19 | Veterans' Administration as certified by the Department of | ||||||
20 | Veterans Veterans' Affairs, are at least 10% disabled with | ||||||
21 | service-related disabilities or in receipt of total disability | ||||||
22 | pensions may fish with sport fishing devices during those | ||||||
23 | periods of the year it is lawful to do so without being | ||||||
24 | required to have a license, on the condition that their | ||||||
25 | respective disabilities do not prevent them from fishing in a | ||||||
26 | manner which is safe to themselves and others. |
| |||||||
| |||||||
1 | (e) Each year the Director may designate a period, not to | ||||||
2 | exceed 4 days in duration, when sport fishermen may fish | ||||||
3 | waters wholly or in part within the jurisdiction of the State, | ||||||
4 | including that part of Lake Michigan under the jurisdiction of | ||||||
5 | the State, and not be required to obtain the license or stamp | ||||||
6 | required by subsection (a) of this Section, Section 20-10 or | ||||||
7 | subsection (a) of Section 20-55. The term of any such period | ||||||
8 | shall be established by administrative rule. This subsection | ||||||
9 | shall not apply to commercial fishing. | ||||||
10 | (f) The Director may issue special fishing permits without | ||||||
11 | cost for a group event, restricted to specific dates and | ||||||
12 | locations if it is determined by the Department that the event | ||||||
13 | is beneficial in promoting sport fishing in Illinois. | ||||||
14 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
15 | Section 425. The Wildlife Code is amended by changing | ||||||
16 | Section 3.1-2 as follows:
| ||||||
17 | (520 ILCS 5/3.1-2) (from Ch. 61, par. 3.1-2) | ||||||
18 | Sec. 3.1-2. Veterans who, according to the determination | ||||||
19 | of the Veterans' Administration as certified by the Department | ||||||
20 | of Veterans Veterans' Affairs, are at least 10% disabled with | ||||||
21 | service-related disabilities or in receipt of total disability | ||||||
22 | pensions and former prisoners of war may hunt and trap any of | ||||||
23 | the species protected by Section 2.2, during such times, with | ||||||
24 | such devices and by such methods as are permitted by this Act, |
| |||||||
| |||||||
1 | without procuring hunting and trapping licenses, State Habitat | ||||||
2 | Stamps, and State Waterfowl Stamps on the condition that their | ||||||
3 | respective disabilities do not prevent them from hunting and | ||||||
4 | trapping in a manner which is safe to themselves and others. | ||||||
5 | (Source: P.A. 102-524, eff. 8-20-21; 102-837, eff. 5-13-22.)
| ||||||
6 | Section 430. The Cave Protection Act is amended by | ||||||
7 | changing Section 5 as follows:
| ||||||
8 | (525 ILCS 5/5) (from Ch. 96 1/2, par. 9505) | ||||||
9 | Sec. 5. Owners of land shall not be liable for injuries, | ||||||
10 | mental harm or death sustained by persons using their land, | ||||||
11 | including but not limited to cave resources, for recreational, | ||||||
12 | educational or scientific purposes. By granting permission for | ||||||
13 | entry or use, the owner does not thereby: | ||||||
14 | (a) extend any assurance that the premises are safe for | ||||||
15 | such purposes, or | ||||||
16 | (b) constitute to the permittee the legal status of an | ||||||
17 | invitee or licensee to whom a duty of care is owed, or | ||||||
18 | (c) assume responsibility for or incur liability for any | ||||||
19 | injury to person or property caused by an act or omission of a | ||||||
20 | permittee except as provided in this Section. | ||||||
21 | This Act shall not limit the liability which otherwise | ||||||
22 | exists for (1) willful or malicious failure to guard or warn | ||||||
23 | against a dangerous condition, use or natural structure; or | ||||||
24 | (2) failure to guard or warn against a dangerous manmade |
| |||||||
| |||||||
1 | structure, fixture or activity; or (3) for injury suffered in | ||||||
2 | any case where permission to enter for the above purpose was | ||||||
3 | granted for a consideration. | ||||||
4 | Nothing in this Section creates a duty of care or ground of | ||||||
5 | liability for injury to person or property. | ||||||
6 | (Source: P.A. 84-140.)
| ||||||
7 | Section 435. The Illinois Vehicle Code is amended by | ||||||
8 | changing Sections 2-123, 3-609, 3-699.14, 6-106, and 11-1301.2 | ||||||
9 | as follows:
| ||||||
10 | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) | ||||||
11 | Sec. 2-123. Sale and distribution of information. | ||||||
12 | (a) Except as otherwise provided in this Section, the | ||||||
13 | Secretary may make the driver's license, vehicle and title | ||||||
14 | registration lists, in part or in whole, and any statistical | ||||||
15 | information derived from these lists available to local | ||||||
16 | governments, elected state officials, state educational | ||||||
17 | institutions, and all other governmental units of the State | ||||||
18 | and Federal Government requesting them for governmental | ||||||
19 | purposes. The Secretary shall require any such applicant for | ||||||
20 | services to pay for the costs of furnishing such services and | ||||||
21 | the use of the equipment involved, and in addition is | ||||||
22 | empowered to establish prices and charges for the services so | ||||||
23 | furnished and for the use of the electronic equipment | ||||||
24 | utilized. |
| |||||||
| |||||||
1 | (b) The Secretary is further empowered to and he may, in | ||||||
2 | his discretion, furnish to any applicant, other than listed in | ||||||
3 | subsection (a) of this Section, vehicle or driver data on a | ||||||
4 | computer tape, disk, other electronic format or computer | ||||||
5 | processable medium, or printout at a fixed fee of $500, in | ||||||
6 | advance, and require in addition a further sufficient deposit | ||||||
7 | based upon the Secretary of State's estimate of the total cost | ||||||
8 | of the information requested and a charge of $50, per 1,000 | ||||||
9 | units or part thereof identified or the actual cost, whichever | ||||||
10 | is greater. The Secretary is authorized to refund any | ||||||
11 | difference between the additional deposit and the actual cost | ||||||
12 | of the request. This service shall not be in lieu of an | ||||||
13 | abstract of a driver's record nor of a title or registration | ||||||
14 | search. This service may be limited to entities purchasing a | ||||||
15 | minimum number of records as required by administrative rule. | ||||||
16 | The information sold pursuant to this subsection shall be the | ||||||
17 | entire vehicle or driver data list, or part thereof. The | ||||||
18 | information sold pursuant to this subsection shall not contain | ||||||
19 | personally identifying information unless the information is | ||||||
20 | to be used for one of the purposes identified in subsection | ||||||
21 | (f-5) of this Section. Commercial purchasers of driver and | ||||||
22 | vehicle record databases shall enter into a written agreement | ||||||
23 | with the Secretary of State that includes disclosure of the | ||||||
24 | commercial use of the information to be purchased. | ||||||
25 | (b-1) The Secretary is further empowered to and may, in | ||||||
26 | his or her discretion, furnish vehicle or driver data on a |
| |||||||
| |||||||
1 | computer tape, disk, or other electronic format or computer | ||||||
2 | processible medium, at no fee, to any State or local | ||||||
3 | governmental agency that uses the information provided by the | ||||||
4 | Secretary to transmit data back to the Secretary that enables | ||||||
5 | the Secretary to maintain accurate driving records, including | ||||||
6 | dispositions of traffic cases. This information may be | ||||||
7 | provided without fee not more often than once every 6 months. | ||||||
8 | (c) Secretary of State may issue registration lists. The | ||||||
9 | Secretary of State may compile a list of all registered | ||||||
10 | vehicles. Each list of registered vehicles shall be arranged | ||||||
11 | serially according to the registration numbers assigned to | ||||||
12 | registered vehicles and may contain in addition the names and | ||||||
13 | addresses of registered owners and a brief description of each | ||||||
14 | vehicle including the serial or other identifying number | ||||||
15 | thereof. Such compilation may be in such form as in the | ||||||
16 | discretion of the Secretary of State may seem best for the | ||||||
17 | purposes intended. | ||||||
18 | (d) The Secretary of State shall furnish no more than 2 | ||||||
19 | current available lists of such registrations to the sheriffs | ||||||
20 | of all counties and to the chiefs of police of all cities and | ||||||
21 | villages and towns of 2,000 population and over in this State | ||||||
22 | at no cost. Additional copies may be purchased by the sheriffs | ||||||
23 | or chiefs of police at the fee of $500 each or at the cost of | ||||||
24 | producing the list as determined by the Secretary of State. | ||||||
25 | Such lists are to be used for governmental purposes only. | ||||||
26 | (e) (Blank). |
| |||||||
| |||||||
1 | (e-1) (Blank). | ||||||
2 | (f) The Secretary of State shall make a title or | ||||||
3 | registration search of the records of his office and a written | ||||||
4 | report on the same for any person, upon written application of | ||||||
5 | such person, accompanied by a fee of $5 for each registration | ||||||
6 | or title search. The written application shall set forth the | ||||||
7 | intended use of the requested information. No fee shall be | ||||||
8 | charged for a title or registration search, or for the | ||||||
9 | certification thereof requested by a government agency. The | ||||||
10 | report of the title or registration search shall not contain | ||||||
11 | personally identifying information unless the request for a | ||||||
12 | search was made for one of the purposes identified in | ||||||
13 | subsection (f-5) of this Section. The report of the title or | ||||||
14 | registration search shall not contain highly restricted | ||||||
15 | personal information unless specifically authorized by this | ||||||
16 | Code. | ||||||
17 | The Secretary of State shall certify a title or | ||||||
18 | registration record upon written request. The fee for | ||||||
19 | certification shall be $5 in addition to the fee required for a | ||||||
20 | title or registration search. Certification shall be made | ||||||
21 | under the signature of the Secretary of State and shall be | ||||||
22 | authenticated by Seal of the Secretary of State. | ||||||
23 | The Secretary of State may notify the vehicle owner or | ||||||
24 | registrant of the request for purchase of his title or | ||||||
25 | registration information as the Secretary deems appropriate. | ||||||
26 | No information shall be released to the requester until |
| |||||||
| |||||||
1 | expiration of a 10-day period. This 10-day period shall not | ||||||
2 | apply to requests for information made by law enforcement | ||||||
3 | officials, government agencies, financial institutions, | ||||||
4 | attorneys, insurers, employers, automobile associated | ||||||
5 | businesses, persons licensed as a private detective or firms | ||||||
6 | licensed as a private detective agency under the Private | ||||||
7 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
8 | Vendor, and Locksmith Act of 2004, who are employed by or are | ||||||
9 | acting on behalf of law enforcement officials, government | ||||||
10 | agencies, financial institutions, attorneys, insurers, | ||||||
11 | employers, automobile associated businesses, and other | ||||||
12 | business entities for purposes consistent with the Illinois | ||||||
13 | Vehicle Code, the vehicle owner or registrant or other | ||||||
14 | entities as the Secretary may exempt by rule and regulation. | ||||||
15 | Any misrepresentation made by a requester of title or | ||||||
16 | vehicle information shall be punishable as a petty offense, | ||||||
17 | except in the case of persons licensed as a private detective | ||||||
18 | or firms licensed as a private detective agency which shall be | ||||||
19 | subject to disciplinary sanctions under Section 40-10 of the | ||||||
20 | Private Detective, Private Alarm, Private Security, | ||||||
21 | Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
22 | (f-5) The Secretary of State shall not disclose or | ||||||
23 | otherwise make available to any person or entity any | ||||||
24 | personally identifying information obtained by the Secretary | ||||||
25 | of State in connection with a driver's license, vehicle, or | ||||||
26 | title registration record unless the information is disclosed |
| |||||||
| |||||||
1 | for one of the following purposes: | ||||||
2 | (1) For use by any government agency, including any | ||||||
3 | court or law enforcement agency, in carrying out its | ||||||
4 | functions, or any private person or entity acting on | ||||||
5 | behalf of a federal, State, or local agency in carrying | ||||||
6 | out its functions. | ||||||
7 | (2) For use in connection with matters of motor | ||||||
8 | vehicle or driver safety and theft; motor vehicle | ||||||
9 | emissions; motor vehicle product alterations, recalls, or | ||||||
10 | advisories; performance monitoring of motor vehicles, | ||||||
11 | motor vehicle parts, and dealers; and removal of non-owner | ||||||
12 | records from the original owner records of motor vehicle | ||||||
13 | manufacturers. | ||||||
14 | (3) For use in the normal course of business by a | ||||||
15 | legitimate business or its agents, employees, or | ||||||
16 | contractors, but only: | ||||||
17 | (A) to verify the accuracy of personal information | ||||||
18 | submitted by an individual to the business or its | ||||||
19 | agents, employees, or contractors; and | ||||||
20 | (B) if such information as so submitted is not | ||||||
21 | correct or is no longer correct, to obtain the correct | ||||||
22 | information, but only for the purposes of preventing | ||||||
23 | fraud by, pursuing legal remedies against, or | ||||||
24 | recovering on a debt or security interest against, the | ||||||
25 | individual. | ||||||
26 | (4) For use in research activities and for use in |
| |||||||
| |||||||
1 | producing statistical reports, if the personally | ||||||
2 | identifying information is not published, redisclosed, or | ||||||
3 | used to contact individuals. | ||||||
4 | (5) For use in connection with any civil, criminal, | ||||||
5 | administrative, or arbitral proceeding in any federal, | ||||||
6 | State, or local court or agency or before any | ||||||
7 | self-regulatory body, including the service of process, | ||||||
8 | investigation in anticipation of litigation, and the | ||||||
9 | execution or enforcement of judgments and orders, or | ||||||
10 | pursuant to an order of a federal, State, or local court. | ||||||
11 | (6) For use by any insurer or insurance support | ||||||
12 | organization or by a self-insured entity or its agents, | ||||||
13 | employees, or contractors in connection with claims | ||||||
14 | investigation activities, antifraud activities, rating, or | ||||||
15 | underwriting. | ||||||
16 | (7) For use in providing notice to the owners of towed | ||||||
17 | or impounded vehicles. | ||||||
18 | (8) For use by any person licensed as a private | ||||||
19 | detective or firm licensed as a private detective agency | ||||||
20 | under the Private Detective, Private Alarm, Private | ||||||
21 | Security, Fingerprint Vendor, and Locksmith Act of 2004, | ||||||
22 | private investigative agency or security service licensed | ||||||
23 | in Illinois for any purpose permitted under this | ||||||
24 | subsection. | ||||||
25 | (9) For use by an employer or its agent or insurer to | ||||||
26 | obtain or verify information relating to a holder of a |
| |||||||
| |||||||
1 | commercial driver's license that is required under chapter | ||||||
2 | 313 of title 49 of the United States Code. | ||||||
3 | (10) For use in connection with the operation of | ||||||
4 | private toll transportation facilities. | ||||||
5 | (11) For use by any requester, if the requester | ||||||
6 | demonstrates it has obtained the written consent of the | ||||||
7 | individual to whom the information pertains. | ||||||
8 | (12) For use by members of the news media, as defined | ||||||
9 | in Section 1-148.5, for the purpose of newsgathering when | ||||||
10 | the request relates to the operation of a motor vehicle or | ||||||
11 | public safety. | ||||||
12 | (13) For any other use specifically authorized by law, | ||||||
13 | if that use is related to the operation of a motor vehicle | ||||||
14 | or public safety. | ||||||
15 | (f-6) The Secretary of State shall not disclose or | ||||||
16 | otherwise make available to any person or entity any highly | ||||||
17 | restricted personal information obtained by the Secretary of | ||||||
18 | State in connection with a driver's license, vehicle, or title | ||||||
19 | registration record unless specifically authorized by this | ||||||
20 | Code. | ||||||
21 | (g) 1. The Secretary of State may, upon receipt of a | ||||||
22 | written request and a fee as set forth in Section 6-118, | ||||||
23 | furnish to the person or agency so requesting a driver's | ||||||
24 | record or data contained therein. Such document may include a | ||||||
25 | record of: current driver's license issuance information, | ||||||
26 | except that the information on judicial driving permits shall |
| |||||||
| |||||||
1 | be available only as otherwise provided by this Code; | ||||||
2 | convictions; orders entered revoking, suspending or cancelling | ||||||
3 | a driver's license or privilege; and notations of crash | ||||||
4 | involvement. All other information, unless otherwise permitted | ||||||
5 | by this Code, shall remain confidential. Information released | ||||||
6 | pursuant to a request for a driver's record shall not contain | ||||||
7 | personally identifying information, unless the request for the | ||||||
8 | driver's record was made for one of the purposes set forth in | ||||||
9 | subsection (f-5) of this Section. The Secretary of State may, | ||||||
10 | without fee, allow a parent or guardian of a person under the | ||||||
11 | age of 18 years, who holds an instruction permit or graduated | ||||||
12 | driver's license, to view that person's driving record online, | ||||||
13 | through a computer connection. The parent or guardian's online | ||||||
14 | access to the driving record will terminate when the | ||||||
15 | instruction permit or graduated driver's license holder | ||||||
16 | reaches the age of 18. | ||||||
17 | 2. The Secretary of State shall not disclose or otherwise | ||||||
18 | make available to any person or entity any highly restricted | ||||||
19 | personal information obtained by the Secretary of State in | ||||||
20 | connection with a driver's license, vehicle, or title | ||||||
21 | registration record unless specifically authorized by this | ||||||
22 | Code. The Secretary of State may certify an abstract of a | ||||||
23 | driver's record upon written request therefor. Such | ||||||
24 | certification shall be made under the signature of the | ||||||
25 | Secretary of State and shall be authenticated by the Seal of | ||||||
26 | his office. |
| |||||||
| |||||||
1 | 3. All requests for driving record information shall be | ||||||
2 | made in a manner prescribed by the Secretary and shall set | ||||||
3 | forth the intended use of the requested information. | ||||||
4 | The Secretary of State may notify the affected driver of | ||||||
5 | the request for purchase of his driver's record as the | ||||||
6 | Secretary deems appropriate. | ||||||
7 | No information shall be released to the requester until | ||||||
8 | expiration of a 10-day period. This 10-day period shall not | ||||||
9 | apply to requests for information made by law enforcement | ||||||
10 | officials, government agencies, financial institutions, | ||||||
11 | attorneys, insurers, employers, automobile associated | ||||||
12 | businesses, persons licensed as a private detective or firms | ||||||
13 | licensed as a private detective agency under the Private | ||||||
14 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
15 | Vendor, and Locksmith Act of 2004, who are employed by or are | ||||||
16 | acting on behalf of law enforcement officials, government | ||||||
17 | agencies, financial institutions, attorneys, insurers, | ||||||
18 | employers, automobile associated businesses, and other | ||||||
19 | business entities for purposes consistent with the Illinois | ||||||
20 | Vehicle Code, the affected driver or other entities as the | ||||||
21 | Secretary may exempt by rule and regulation. | ||||||
22 | Any misrepresentation made by a requester of driver | ||||||
23 | information shall be punishable as a petty offense, except in | ||||||
24 | the case of persons licensed as a private detective or firms | ||||||
25 | licensed as a private detective agency which shall be subject | ||||||
26 | to disciplinary sanctions under Section 40-10 of the Private |
| |||||||
| |||||||
1 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
2 | Vendor, and Locksmith Act of 2004. | ||||||
3 | 4. The Secretary of State may furnish without fee, upon | ||||||
4 | the written request of a law enforcement agency, any | ||||||
5 | information from a driver's record on file with the Secretary | ||||||
6 | of State when such information is required in the enforcement | ||||||
7 | of this Code or any other law relating to the operation of | ||||||
8 | motor vehicles, including records of dispositions; documented | ||||||
9 | information involving the use of a motor vehicle; whether such | ||||||
10 | individual has, or previously had, a driver's license; and the | ||||||
11 | address and personal description as reflected on said driver's | ||||||
12 | record. | ||||||
13 | 5. Except as otherwise provided in this Section, the | ||||||
14 | Secretary of State may furnish, without fee, information from | ||||||
15 | an individual driver's record on file, if a written request | ||||||
16 | therefor is submitted by any public transit system or | ||||||
17 | authority, public defender, law enforcement agency, a state or | ||||||
18 | federal agency, or an Illinois local intergovernmental | ||||||
19 | association, if the request is for the purpose of a background | ||||||
20 | check of applicants for employment with the requesting agency, | ||||||
21 | or for the purpose of an official investigation conducted by | ||||||
22 | the agency, or to determine a current address for the driver so | ||||||
23 | public funds can be recovered or paid to the driver, or for any | ||||||
24 | other purpose set forth in subsection (f-5) of this Section. | ||||||
25 | The Secretary may also furnish the courts a copy of an | ||||||
26 | abstract of a driver's record, without fee, subsequent to an |
| |||||||
| |||||||
1 | arrest for a violation of Section 11-501 or a similar | ||||||
2 | provision of a local ordinance. Such abstract may include | ||||||
3 | records of dispositions; documented information involving the | ||||||
4 | use of a motor vehicle as contained in the current file; | ||||||
5 | whether such individual has, or previously had, a driver's | ||||||
6 | license; and the address and personal description as reflected | ||||||
7 | on said driver's record. | ||||||
8 | 6. Any certified abstract issued by the Secretary of State | ||||||
9 | or transmitted electronically by the Secretary of State | ||||||
10 | pursuant to this Section, to a court or on request of a law | ||||||
11 | enforcement agency, for the record of a named person as to the | ||||||
12 | status of the person's driver's license shall be prima facie | ||||||
13 | evidence of the facts therein stated and if the name appearing | ||||||
14 | in such abstract is the same as that of a person named in an | ||||||
15 | information or warrant, such abstract shall be prima facie | ||||||
16 | evidence that the person named in such information or warrant | ||||||
17 | is the same person as the person named in such abstract and | ||||||
18 | shall be admissible for any prosecution under this Code and be | ||||||
19 | admitted as proof of any prior conviction or proof of records, | ||||||
20 | notices, or orders recorded on individual driving records | ||||||
21 | maintained by the Secretary of State. | ||||||
22 | 7. Subject to any restrictions contained in the Juvenile | ||||||
23 | Court Act of 1987, and upon receipt of a proper request and a | ||||||
24 | fee as set forth in Section 6-118, the Secretary of State shall | ||||||
25 | provide a driver's record or data contained therein to the | ||||||
26 | affected driver, or the affected driver's attorney, upon |
| |||||||
| |||||||
1 | verification. Such record shall contain all the information | ||||||
2 | referred to in paragraph 1 of this subsection (g) plus: any | ||||||
3 | recorded crash involvement as a driver; information recorded | ||||||
4 | pursuant to subsection (e) of Section 6-117 and paragraph (4) | ||||||
5 | of subsection (a) of Section 6-204 of this Code. All other | ||||||
6 | information, unless otherwise permitted by this Code, shall | ||||||
7 | remain confidential. | ||||||
8 | (h) The Secretary shall not disclose social security | ||||||
9 | numbers or any associated information obtained from the Social | ||||||
10 | Security Administration except pursuant to a written request | ||||||
11 | by, or with the prior written consent of, the individual | ||||||
12 | except: (1) to officers and employees of the Secretary who | ||||||
13 | have a need to know the social security numbers in performance | ||||||
14 | of their official duties, (2) to law enforcement officials for | ||||||
15 | a civil or criminal law enforcement investigation, and if an | ||||||
16 | officer of the law enforcement agency has made a written | ||||||
17 | request to the Secretary specifying the law enforcement | ||||||
18 | investigation for which the social security numbers are being | ||||||
19 | sought, though the Secretary retains the right to require | ||||||
20 | additional verification regarding the validity of the request, | ||||||
21 | (3) to the United States Department of Transportation, or any | ||||||
22 | other State, pursuant to the administration and enforcement of | ||||||
23 | the Commercial Motor Vehicle Safety Act of 1986 or | ||||||
24 | participation in State-to-State verification service, (4) | ||||||
25 | pursuant to the order of a court of competent jurisdiction, | ||||||
26 | (5) to the Department of Healthcare and Family Services |
| |||||||
| |||||||
1 | (formerly Department of Public Aid) for utilization in the | ||||||
2 | child support enforcement duties assigned to that Department | ||||||
3 | under provisions of the Illinois Public Aid Code after the | ||||||
4 | individual has received advanced meaningful notification of | ||||||
5 | what redisclosure is sought by the Secretary in accordance | ||||||
6 | with the federal Privacy Act, (5.5) to the Department of | ||||||
7 | Healthcare and Family Services and the Department of Human | ||||||
8 | Services solely for the purpose of verifying Illinois | ||||||
9 | residency where such residency is an eligibility requirement | ||||||
10 | for benefits under the Illinois Public Aid Code or any other | ||||||
11 | health benefit program administered by the Department of | ||||||
12 | Healthcare and Family Services or the Department of Human | ||||||
13 | Services, (6) to the Illinois Department of Revenue solely for | ||||||
14 | use by the Department in the collection of any tax or debt that | ||||||
15 | the Department of Revenue is authorized or required by law to | ||||||
16 | collect, provided that the Department shall not disclose the | ||||||
17 | social security number to any person or entity outside of the | ||||||
18 | Department, (7) to the Illinois Department of Veterans | ||||||
19 | Veterans' Affairs for the purpose of confirming veteran | ||||||
20 | status, or (8) the last 4 digits to the Illinois State Board of | ||||||
21 | Elections for purposes of voter registration and as may be | ||||||
22 | required pursuant to an agreement for a multi-state voter | ||||||
23 | registration list maintenance system. If social security | ||||||
24 | information is disclosed by the Secretary in accordance with | ||||||
25 | this Section, no liability shall rest with the Office of the | ||||||
26 | Secretary of State or any of its officers or employees, as the |
| |||||||
| |||||||
1 | information is released for official purposes only. | ||||||
2 | (i) (Blank). | ||||||
3 | (j) Medical statements or medical reports received in the | ||||||
4 | Secretary of State's Office shall be confidential. Except as | ||||||
5 | provided in this Section, no confidential information may be | ||||||
6 | open to public inspection or the contents disclosed to anyone, | ||||||
7 | except officers and employees of the Secretary who have a need | ||||||
8 | to know the information contained in the medical reports and | ||||||
9 | the Driver License Medical Advisory Board, unless so directed | ||||||
10 | by an order of a court of competent jurisdiction. If the | ||||||
11 | Secretary receives a medical report regarding a driver that | ||||||
12 | does not address a medical condition contained in a previous | ||||||
13 | medical report, the Secretary may disclose the unaddressed | ||||||
14 | medical condition to the driver or his or her physician, or | ||||||
15 | both, solely for the purpose of submission of a medical report | ||||||
16 | that addresses the condition. | ||||||
17 | (k) Beginning July 1, 2023, disbursement of fees collected | ||||||
18 | under this Section shall be as follows: (1) of the $20 fee for | ||||||
19 | a driver's record, $11 shall be paid into the Secretary of | ||||||
20 | State Special Services Fund, and $6 shall be paid into the | ||||||
21 | General Revenue Fund; (2) 50% of the amounts collected under | ||||||
22 | subsection (b) shall be paid into the General Revenue Fund; | ||||||
23 | and (3) all remaining fees shall be disbursed under subsection | ||||||
24 | (g) of Section 2-119 of this Code. | ||||||
25 | (l) (Blank). | ||||||
26 | (m) Notations of crash involvement that may be disclosed |
| |||||||
| |||||||
1 | under this Section shall not include notations relating to | ||||||
2 | damage to a vehicle or other property being transported by a | ||||||
3 | tow truck. This information shall remain confidential, | ||||||
4 | provided that nothing in this subsection (m) shall limit | ||||||
5 | disclosure of any notification of crash involvement to any law | ||||||
6 | enforcement agency or official. | ||||||
7 | (n) Requests made by the news media for driver's license, | ||||||
8 | vehicle, or title registration information may be furnished | ||||||
9 | without charge or at a reduced charge, as determined by the | ||||||
10 | Secretary, when the specific purpose for requesting the | ||||||
11 | documents is deemed to be in the public interest. Waiver or | ||||||
12 | reduction of the fee is in the public interest if the principal | ||||||
13 | purpose of the request is to access and disseminate | ||||||
14 | information regarding the health, safety, and welfare or the | ||||||
15 | legal rights of the general public and is not for the principal | ||||||
16 | purpose of gaining a personal or commercial benefit. The | ||||||
17 | information provided pursuant to this subsection shall not | ||||||
18 | contain personally identifying information unless the | ||||||
19 | information is to be used for one of the purposes identified in | ||||||
20 | subsection (f-5) of this Section. | ||||||
21 | (o) The redisclosure of personally identifying information | ||||||
22 | obtained pursuant to this Section is prohibited, except to the | ||||||
23 | extent necessary to effectuate the purpose for which the | ||||||
24 | original disclosure of the information was permitted. | ||||||
25 | (p) The Secretary of State is empowered to adopt rules to | ||||||
26 | effectuate this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 102-982, eff. 7-1-23; 103-8, eff. 7-1-23.)
| ||||||
2 | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609) | ||||||
3 | Sec. 3-609. Plates for veterans with disabilities. | ||||||
4 | (a) Any veteran who holds proof of a service-connected | ||||||
5 | disability from the United States Department of Veterans | ||||||
6 | Affairs, and who has obtained certification from a licensed | ||||||
7 | physician, physician assistant, or advanced practice | ||||||
8 | registered nurse that the service-connected disability | ||||||
9 | qualifies the veteran for issuance of registration plates or | ||||||
10 | digital registration plates or decals to a person with | ||||||
11 | disabilities in accordance with Section 3-616, may, without | ||||||
12 | the payment of any registration fee, make application to the | ||||||
13 | Secretary of State for license plates for veterans with | ||||||
14 | disabilities displaying the international symbol of access, | ||||||
15 | for the registration of one motor vehicle of the first | ||||||
16 | division, one motorcycle, or one motor vehicle of the second | ||||||
17 | division weighing not more than 8,000 pounds. | ||||||
18 | (b) Any veteran who holds proof of a service-connected | ||||||
19 | disability from the United States Department of Veterans | ||||||
20 | Affairs, and whose degree of disability has been declared to | ||||||
21 | be 50% or more, but whose disability does not qualify the | ||||||
22 | veteran for a plate or decal for persons with disabilities | ||||||
23 | under Section 3-616, may, without the payment of any | ||||||
24 | registration fee, make application to the Secretary for a | ||||||
25 | special registration plate or digital registration plate |
| |||||||
| |||||||
1 | without the international symbol of access for the | ||||||
2 | registration of one motor vehicle of the first division, one | ||||||
3 | motorcycle, or one motor vehicle of the second division | ||||||
4 | weighing not more than 8,000 pounds. | ||||||
5 | (c) Renewal of such registration must be accompanied with | ||||||
6 | documentation for eligibility of registration without fee | ||||||
7 | unless the applicant has a permanent qualifying disability, | ||||||
8 | and such registration plates or digital registration plates | ||||||
9 | may not be issued to any person not eligible therefor. The | ||||||
10 | Illinois Department of Veterans Veterans' Affairs may assist | ||||||
11 | in providing the documentation of disability. | ||||||
12 | (d) The design and color of the plates shall be within the | ||||||
13 | discretion of the Secretary, except that the plates issued | ||||||
14 | under subsection (b) of this Section shall not contain the | ||||||
15 | international symbol of access. The Secretary may, in his or | ||||||
16 | her discretion, allow the plates to be issued as vanity or | ||||||
17 | personalized plates in accordance with Section 3-405.1 of this | ||||||
18 | Code. Registration shall be for a multi-year period and may be | ||||||
19 | issued staggered registration. | ||||||
20 | (e) Any person eligible to receive license plates under | ||||||
21 | this Section who has been approved for benefits under the | ||||||
22 | Senior Citizens and Persons with Disabilities Property Tax | ||||||
23 | Relief Act, or who has claimed and received a grant under that | ||||||
24 | Act, shall pay a fee of $24 instead of the fee otherwise | ||||||
25 | provided in this Code for passenger cars displaying standard | ||||||
26 | multi-year registration plates or digital registration plates |
| |||||||
| |||||||
1 | issued under Section 3-414.1, for motor vehicles registered at | ||||||
2 | 8,000 pounds or less under Section 3-815(a), or for | ||||||
3 | recreational vehicles registered at 8,000 pounds or less under | ||||||
4 | Section 3-815(b), for a second set of plates under this | ||||||
5 | Section. | ||||||
6 | (f) With respect to the supporting documentation required | ||||||
7 | to obtain a plate under this Section, the Secretary shall | ||||||
8 | allow an applicant to redact information on the documentation | ||||||
9 | that pertains to the nature of the applicant's health issue, | ||||||
10 | unless that information is necessary to confirm that the | ||||||
11 | applicant's disability is service-connected or to establish | ||||||
12 | the degree of the applicant's service-connected disability. | ||||||
13 | (Source: P.A. 101-395, eff. 8-16-19; 101-536, eff. 1-1-20; | ||||||
14 | 102-273, eff. 8-6-21; 102-558, eff. 8-20-21.)
| ||||||
15 | (625 ILCS 5/3-699.14) | ||||||
16 | Sec. 3-699.14. Universal special license plates. | ||||||
17 | (a) In addition to any other special license plate, the | ||||||
18 | Secretary, upon receipt of all applicable fees and | ||||||
19 | applications made in the form prescribed by the Secretary, may | ||||||
20 | issue Universal special license plates to residents of | ||||||
21 | Illinois on behalf of organizations that have been authorized | ||||||
22 | by the General Assembly to issue decals for Universal special | ||||||
23 | license plates. Appropriate documentation, as determined by | ||||||
24 | the Secretary, shall accompany each application. Authorized | ||||||
25 | organizations shall be designated by amendment to this |
| |||||||
| |||||||
1 | Section. When applying for a Universal special license plate | ||||||
2 | the applicant shall inform the Secretary of the name of the | ||||||
3 | authorized organization from which the applicant will obtain a | ||||||
4 | decal to place on the plate. The Secretary shall make a record | ||||||
5 | of that organization and that organization shall remain | ||||||
6 | affiliated with that plate until the plate is surrendered, | ||||||
7 | revoked, or otherwise cancelled. The authorized organization | ||||||
8 | may charge a fee to offset the cost of producing and | ||||||
9 | distributing the decal, but that fee shall be retained by the | ||||||
10 | authorized organization and shall be separate and distinct | ||||||
11 | from any registration fees charged by the Secretary. No decal, | ||||||
12 | sticker, or other material may be affixed to a Universal | ||||||
13 | special license plate other than a decal authorized by the | ||||||
14 | General Assembly in this Section or a registration renewal | ||||||
15 | sticker. The special plates issued under this Section shall be | ||||||
16 | affixed only to passenger vehicles of the first division, | ||||||
17 | including motorcycles and autocycles, or motor vehicles of the | ||||||
18 | second division weighing not more than 8,000 pounds. Plates | ||||||
19 | issued under this Section shall expire according to the | ||||||
20 | multi-year procedure under Section 3-414.1 of this Code. | ||||||
21 | (b) The design, color, and format of the Universal special | ||||||
22 | license plate shall be wholly within the discretion of the | ||||||
23 | Secretary. Universal special license plates are not required | ||||||
24 | to designate "Land of Lincoln", as prescribed in subsection | ||||||
25 | (b) of Section 3-412 of this Code. The design shall allow for | ||||||
26 | the application of a decal to the plate. Organizations |
| |||||||
| |||||||
1 | authorized by the General Assembly to issue decals for | ||||||
2 | Universal special license plates shall comply with rules | ||||||
3 | adopted by the Secretary governing the requirements for and | ||||||
4 | approval of Universal special license plate decals. The | ||||||
5 | Secretary may, in his or her discretion, allow Universal | ||||||
6 | special license plates to be issued as vanity or personalized | ||||||
7 | plates in accordance with Section 3-405.1 of this Code. The | ||||||
8 | Secretary of State must make a version of the special | ||||||
9 | registration plates authorized under this Section in a form | ||||||
10 | appropriate for motorcycles and autocycles. | ||||||
11 | (c) When authorizing a Universal special license plate, | ||||||
12 | the General Assembly shall set forth whether an additional fee | ||||||
13 | is to be charged for the plate and, if a fee is to be charged, | ||||||
14 | the amount of the fee and how the fee is to be distributed. | ||||||
15 | When necessary, the authorizing language shall create a | ||||||
16 | special fund in the State treasury into which fees may be | ||||||
17 | deposited for an authorized Universal special license plate. | ||||||
18 | Additional fees may only be charged if the fee is to be paid | ||||||
19 | over to a State agency or to a charitable entity that is in | ||||||
20 | compliance with the registration and reporting requirements of | ||||||
21 | the Charitable Trust Act and the Solicitation for Charity Act. | ||||||
22 | Any charitable entity receiving fees for the sale of Universal | ||||||
23 | special license plates shall annually provide the Secretary of | ||||||
24 | State a letter of compliance issued by the Attorney General | ||||||
25 | verifying that the entity is in compliance with the Charitable | ||||||
26 | Trust Act and the Solicitation for Charity Act. |
| |||||||
| |||||||
1 | (d) Upon original issuance and for each registration | ||||||
2 | renewal period, in addition to the appropriate registration | ||||||
3 | fee, if applicable, the Secretary shall collect any additional | ||||||
4 | fees, if required, for issuance of Universal special license | ||||||
5 | plates. The fees shall be collected on behalf of the | ||||||
6 | organization designated by the applicant when applying for the | ||||||
7 | plate. All fees collected shall be transferred to the State | ||||||
8 | agency on whose behalf the fees were collected, or paid into | ||||||
9 | the special fund designated in the law authorizing the | ||||||
10 | organization to issue decals for Universal special license | ||||||
11 | plates. All money in the designated fund shall be distributed | ||||||
12 | by the Secretary subject to appropriation by the General | ||||||
13 | Assembly. | ||||||
14 | (e) The following organizations may issue decals for | ||||||
15 | Universal special license plates with the original and renewal | ||||||
16 | fees and fee distribution as follows: | ||||||
17 | (1) The Illinois Department of Natural Resources. | ||||||
18 | (A) Original issuance: $25; with $10 to the | ||||||
19 | Roadside Monarch Habitat Fund and $15 to the Secretary | ||||||
20 | of State Special License Plate Fund. | ||||||
21 | (B) Renewal: $25; with $23 to the Roadside Monarch | ||||||
22 | Habitat Fund and $2 to the Secretary of State Special | ||||||
23 | License Plate Fund. | ||||||
24 | (2) Illinois Veterans' Homes. | ||||||
25 | (A) Original issuance: $26, which shall be | ||||||
26 | deposited into the Illinois Veterans' Homes Fund. |
| |||||||
| |||||||
1 | (B) Renewal: $26, which shall be deposited into | ||||||
2 | the Illinois Veterans' Homes Fund. | ||||||
3 | (3) The Illinois Department of Human Services for | ||||||
4 | volunteerism decals. | ||||||
5 | (A) Original issuance: $25, which shall be | ||||||
6 | deposited into the Secretary of State Special License | ||||||
7 | Plate Fund. | ||||||
8 | (B) Renewal: $25, which shall be deposited into | ||||||
9 | the Secretary of State Special License Plate Fund. | ||||||
10 | (4) The Illinois Department of Public Health. | ||||||
11 | (A) Original issuance: $25; with $10 to the | ||||||
12 | Prostate Cancer Awareness Fund and $15 to the | ||||||
13 | Secretary of State Special License Plate Fund. | ||||||
14 | (B) Renewal: $25; with $23 to the Prostate Cancer | ||||||
15 | Awareness Fund and $2 to the Secretary of State | ||||||
16 | Special License Plate Fund. | ||||||
17 | (5) Horsemen's Council of Illinois. | ||||||
18 | (A) Original issuance: $25; with $10 to the | ||||||
19 | Horsemen's Council of Illinois Fund and $15 to the | ||||||
20 | Secretary of State Special License Plate Fund. | ||||||
21 | (B) Renewal: $25; with $23 to the Horsemen's | ||||||
22 | Council of Illinois Fund and $2 to the Secretary of | ||||||
23 | State Special License Plate Fund. | ||||||
24 | (6) K9s for Veterans, NFP. | ||||||
25 | (A) Original issuance: $25; with $10 to the | ||||||
26 | Post-Traumatic Stress Disorder Awareness Fund and $15 |
| |||||||
| |||||||
1 | to the Secretary of State Special License Plate Fund. | ||||||
2 | (B) Renewal: $25; with $23 to the Post-Traumatic | ||||||
3 | Stress Disorder Awareness Fund and $2 to the Secretary | ||||||
4 | of State Special License Plate Fund. | ||||||
5 | (7) The International Association of Machinists and | ||||||
6 | Aerospace Workers. | ||||||
7 | (A) Original issuance: $35; with $20 to the Guide | ||||||
8 | Dogs of America Fund and $15 to the Secretary of State | ||||||
9 | Special License Plate Fund. | ||||||
10 | (B) Renewal: $25; with $23 going to the Guide Dogs | ||||||
11 | of America Fund and $2 to the Secretary of State | ||||||
12 | Special License Plate Fund. | ||||||
13 | (8) Local Lodge 701 of the International Association | ||||||
14 | of Machinists and Aerospace Workers. | ||||||
15 | (A) Original issuance: $35; with $10 to the Guide | ||||||
16 | Dogs of America Fund, $10 to the Mechanics Training | ||||||
17 | Fund, and $15 to the Secretary of State Special | ||||||
18 | License Plate Fund. | ||||||
19 | (B) Renewal: $30; with $13 to the Guide Dogs of | ||||||
20 | America Fund, $15 to the Mechanics Training Fund, and | ||||||
21 | $2 to the Secretary of State Special License Plate | ||||||
22 | Fund. | ||||||
23 | (9) Illinois Department of Human Services. | ||||||
24 | (A) Original issuance: $25; with $10 to the | ||||||
25 | Theresa Tracy Trot - Illinois CancerCare Foundation | ||||||
26 | Fund and $15 to the Secretary of State Special License |
| |||||||
| |||||||
1 | Plate Fund. | ||||||
2 | (B) Renewal: $25; with $23 to the Theresa Tracy | ||||||
3 | Trot - Illinois CancerCare Foundation Fund and $2 to | ||||||
4 | the Secretary of State Special License Plate Fund. | ||||||
5 | (10) The Illinois Department of Human Services for | ||||||
6 | developmental disabilities awareness decals. | ||||||
7 | (A) Original issuance: $25; with $10 to the | ||||||
8 | Developmental Disabilities Awareness Fund and $15 to | ||||||
9 | the Secretary of State Special License Plate Fund. | ||||||
10 | (B) Renewal: $25; with $23 to the Developmental | ||||||
11 | Disabilities Awareness Fund and $2 to the Secretary of | ||||||
12 | State Special License Plate Fund. | ||||||
13 | (11) The Illinois Department of Human Services for | ||||||
14 | pediatric cancer awareness decals. | ||||||
15 | (A) Original issuance: $25; with $10 to the | ||||||
16 | Pediatric Cancer Awareness Fund and $15 to the | ||||||
17 | Secretary of State Special License Plate Fund. | ||||||
18 | (B) Renewal: $25; with $23 to the Pediatric Cancer | ||||||
19 | Awareness Fund and $2 to the Secretary of State | ||||||
20 | Special License Plate Fund. | ||||||
21 | (12) The Department of Veterans Veterans' Affairs for | ||||||
22 | Fold of Honor decals. | ||||||
23 | (A) Original issuance: $25; with $10 to the Folds | ||||||
24 | of Honor Foundation Fund and $15 to the Secretary of | ||||||
25 | State Special License Plate Fund. | ||||||
26 | (B) Renewal: $25; with $23 to the Folds of Honor |
| |||||||
| |||||||
1 | Foundation Fund and $2 to the Secretary of State | ||||||
2 | Special License Plate Fund. | ||||||
3 | (13) The Illinois chapters of the Experimental | ||||||
4 | Aircraft Association for aviation enthusiast decals. | ||||||
5 | (A) Original issuance: $25; with $10 to the | ||||||
6 | Experimental Aircraft Association Fund and $15 to the | ||||||
7 | Secretary of State Special License Plate Fund. | ||||||
8 | (B) Renewal: $25; with $23 to the Experimental | ||||||
9 | Aircraft Association Fund and $2 to the Secretary of | ||||||
10 | State Special License Plate Fund. | ||||||
11 | (14) The Illinois Department of Human Services for | ||||||
12 | Child Abuse Council of the Quad Cities decals. | ||||||
13 | (A) Original issuance: $25; with $10 to the Child | ||||||
14 | Abuse Council of the Quad Cities Fund and $15 to the | ||||||
15 | Secretary of State Special License Plate Fund. | ||||||
16 | (B) Renewal: $25; with $23 to the Child Abuse | ||||||
17 | Council of the Quad Cities Fund and $2 to the Secretary | ||||||
18 | of State Special License Plate Fund. | ||||||
19 | (15) The Illinois Department of Public Health for | ||||||
20 | health care worker decals. | ||||||
21 | (A) Original issuance: $25; with $10 to the | ||||||
22 | Illinois Health Care Workers Benefit Fund, and $15 to | ||||||
23 | the Secretary of State Special License Plate Fund. | ||||||
24 | (B) Renewal: $25; with $23 to the Illinois Health | ||||||
25 | Care Workers Benefit Fund and $2 to the Secretary of | ||||||
26 | State Special License Plate Fund. |
| |||||||
| |||||||
1 | (16) The Department of Agriculture for Future Farmers | ||||||
2 | of America decals. | ||||||
3 | (A) Original issuance: $25; with $10 to the Future | ||||||
4 | Farmers of America Fund and $15 to the Secretary of | ||||||
5 | State Special License Plate Fund. | ||||||
6 | (B) Renewal: $25; with $23 to the Future Farmers | ||||||
7 | of America Fund and $2 to the Secretary of State | ||||||
8 | Special License Plate Fund. | ||||||
9 | (17) The Illinois Department of Public Health for | ||||||
10 | autism awareness decals that are designed with input from | ||||||
11 | autism advocacy organizations. | ||||||
12 | (A) Original issuance: $25; with $10 to the Autism | ||||||
13 | Awareness Fund and $15 to the Secretary of State | ||||||
14 | Special License Plate Fund. | ||||||
15 | (B) Renewal: $25; with $23 to the Autism Awareness | ||||||
16 | Fund and $2 to the Secretary of State Special License | ||||||
17 | Plate Fund. | ||||||
18 | (18) The Department of Natural Resources for Lyme | ||||||
19 | disease research decals. | ||||||
20 | (A) Original issuance: $25; with $10 to the Tick | ||||||
21 | Research, Education, and Evaluation Fund and $15 to | ||||||
22 | the Secretary of State Special License Plate Fund. | ||||||
23 | (B) Renewal: $25; with $23 to the Tick Research, | ||||||
24 | Education, and Evaluation Fund and $2 to the Secretary | ||||||
25 | of State Special License Plate Fund. | ||||||
26 | (19) The IBEW Thank a Line Worker decal. |
| |||||||
| |||||||
1 | (A) Original issuance: $15, which shall be | ||||||
2 | deposited into the Secretary of State Special License | ||||||
3 | Plate Fund. | ||||||
4 | (B) Renewal: $2, which shall be deposited into the | ||||||
5 | Secretary of State Special License Plate Fund. | ||||||
6 | (20) An Illinois chapter of the Navy Club for Navy | ||||||
7 | Club decals. | ||||||
8 | (A) Original issuance: $5; which shall be | ||||||
9 | deposited into the Navy Club Fund. | ||||||
10 | (B) Renewal: $18; which shall be deposited into | ||||||
11 | the Navy Club Fund. | ||||||
12 | (21) (20) An Illinois chapter of the International | ||||||
13 | Brotherhood of Electrical Workers for International | ||||||
14 | Brotherhood of Electrical Workers decal. | ||||||
15 | (A) Original issuance: $25; with $10 to the | ||||||
16 | International Brotherhood of Electrical Workers Fund | ||||||
17 | and $15 to the Secretary of State Special License | ||||||
18 | Plate Fund. | ||||||
19 | (B) Renewal: $25; with $23 to the International | ||||||
20 | Brotherhood of Electrical Workers Fund and $2 to the | ||||||
21 | Secretary of State Special License Plate Fund. | ||||||
22 | (22) (20) The 100 Club of Illinois decal. | ||||||
23 | (A) Original issuance: $45; with $30 to the 100 | ||||||
24 | Club of Illinois Fund and $15 to the Secretary of State | ||||||
25 | Special License Plate Fund. | ||||||
26 | (B) Renewal: $27; with $25 to the 100 Club of |
| |||||||
| |||||||
1 | Illinois Fund and $2 to the Secretary of State Special | ||||||
2 | License Plate Fund. | ||||||
3 | (23) (20) The Illinois USTA/Midwest Youth Tennis | ||||||
4 | Foundation decal. | ||||||
5 | (A) Original issuance: $40; with $25 to the | ||||||
6 | Illinois USTA/Midwest Youth Tennis Foundation Fund and | ||||||
7 | $15 to the Secretary of State Special License Plate | ||||||
8 | Fund. | ||||||
9 | (B) Renewal: $40; with $38 to the Illinois | ||||||
10 | USTA/Midwest Youth Tennis Foundation Fund and $2 to | ||||||
11 | the Secretary of State Special License Plate Fund. | ||||||
12 | (24) (20) The Sons of the American Legion decal. | ||||||
13 | (A) Original issuance: $25; with $10 to the Sons | ||||||
14 | of the American Legion Fund and $15 to the Secretary of | ||||||
15 | State Special License Plate Fund. | ||||||
16 | (B) Renewal: $25; with $23 to the Sons of the | ||||||
17 | American Legion Fund and $2 to the Secretary of State | ||||||
18 | Special License Plate Fund. | ||||||
19 | (f) The following funds are created as special funds in | ||||||
20 | the State treasury: | ||||||
21 | (1) The Roadside Monarch Habitat Fund. All money in | ||||||
22 | the Roadside Monarch Habitat Fund shall be paid as grants | ||||||
23 | to the Illinois Department of Natural Resources to fund | ||||||
24 | roadside monarch and other pollinator habitat development, | ||||||
25 | enhancement, and restoration projects in this State. | ||||||
26 | (2) The Prostate Cancer Awareness Fund. All money in |
| |||||||
| |||||||
1 | the Prostate Cancer Awareness Fund shall be paid as grants | ||||||
2 | to the Prostate Cancer Foundation of Chicago. | ||||||
3 | (3) The Horsemen's Council of Illinois Fund. All money | ||||||
4 | in the Horsemen's Council of Illinois Fund shall be paid | ||||||
5 | as grants to the Horsemen's Council of Illinois. | ||||||
6 | (4) The Post-Traumatic Stress Disorder Awareness Fund. | ||||||
7 | All money in the Post-Traumatic Stress Disorder Awareness | ||||||
8 | Fund shall be paid as grants to K9s for Veterans, NFP for | ||||||
9 | support, education, and awareness of veterans with | ||||||
10 | post-traumatic stress disorder. | ||||||
11 | (5) The Guide Dogs of America Fund. All money in the | ||||||
12 | Guide Dogs of America Fund shall be paid as grants to the | ||||||
13 | International Guiding Eyes, Inc., doing business as Guide | ||||||
14 | Dogs of America. | ||||||
15 | (6) The Mechanics Training Fund. All money in the | ||||||
16 | Mechanics Training Fund shall be paid as grants to the | ||||||
17 | Mechanics Local 701 Training Fund. | ||||||
18 | (7) The Theresa Tracy Trot - Illinois CancerCare | ||||||
19 | Foundation Fund. All money in the Theresa Tracy Trot - | ||||||
20 | Illinois CancerCare Foundation Fund shall be paid to the | ||||||
21 | Illinois CancerCare Foundation for the purpose of | ||||||
22 | furthering pancreatic cancer research. | ||||||
23 | (8) The Developmental Disabilities Awareness Fund. All | ||||||
24 | money in the Developmental Disabilities Awareness Fund | ||||||
25 | shall be paid as grants to the Illinois Department of | ||||||
26 | Human Services to fund legal aid groups to assist with |
| |||||||
| |||||||
1 | guardianship fees for private citizens willing to become | ||||||
2 | guardians for individuals with developmental disabilities | ||||||
3 | but who are unable to pay the legal fees associated with | ||||||
4 | becoming a guardian. | ||||||
5 | (9) The Pediatric Cancer Awareness Fund. All money in | ||||||
6 | the Pediatric Cancer Awareness Fund shall be paid as | ||||||
7 | grants to the Cancer Center at Illinois for pediatric | ||||||
8 | cancer treatment and research. | ||||||
9 | (10) The Folds of Honor Foundation Fund. All money in | ||||||
10 | the Folds of Honor Foundation Fund shall be paid as grants | ||||||
11 | to the Folds of Honor Foundation to aid in providing | ||||||
12 | educational scholarships to military families. | ||||||
13 | (11) The Experimental Aircraft Association Fund. All | ||||||
14 | money in the Experimental Aircraft Association Fund shall | ||||||
15 | be paid, subject to appropriation by the General Assembly | ||||||
16 | and distribution by the Secretary, as grants to promote | ||||||
17 | recreational aviation. | ||||||
18 | (12) The Child Abuse Council of the Quad Cities Fund. | ||||||
19 | All money in the Child Abuse Council of the Quad Cities | ||||||
20 | Fund shall be paid as grants to benefit the Child Abuse | ||||||
21 | Council of the Quad Cities. | ||||||
22 | (13) The Illinois Health Care Workers Benefit Fund. | ||||||
23 | All money in the Illinois Health Care Workers Benefit Fund | ||||||
24 | shall be paid as grants to the Trinity Health Foundation | ||||||
25 | for the benefit of health care workers, doctors, nurses, | ||||||
26 | and others who work in the health care industry in this |
| |||||||
| |||||||
1 | State. | ||||||
2 | (14) The Future Farmers of America Fund. All money in | ||||||
3 | the Future Farmers of America Fund shall be paid as grants | ||||||
4 | to the Illinois Association of Future Farmers of America. | ||||||
5 | (15) The Tick Research, Education, and Evaluation | ||||||
6 | Fund. All money in the Tick Research, Education, and | ||||||
7 | Evaluation Fund shall be paid as grants to the Illinois | ||||||
8 | Lyme Association. | ||||||
9 | (16) The Navy Club Fund. All money in the Navy Club | ||||||
10 | Fund shall be paid as grants to any local chapter of the | ||||||
11 | Navy Club that is located in this State. | ||||||
12 | (17) (16) The International Brotherhood of Electrical | ||||||
13 | Workers Fund. All money in the International Brotherhood | ||||||
14 | of Electrical Workers Fund shall be paid as grants to any | ||||||
15 | local chapter of the International Brotherhood of | ||||||
16 | Electrical Workers that is located in this State. | ||||||
17 | (18) (16) The 100 Club of Illinois Fund. All money in | ||||||
18 | the 100 Club of Illinois Fund shall be paid as grants to | ||||||
19 | the 100 Club of Illinois for the purpose of giving | ||||||
20 | financial support to children and spouses of first | ||||||
21 | responders killed in the line of duty and mental health | ||||||
22 | resources for active duty first responders. | ||||||
23 | (19) (16) The Illinois USTA/Midwest Youth Tennis | ||||||
24 | Foundation Fund. All money in the Illinois USTA/Midwest | ||||||
25 | Youth Tennis Foundation Fund shall be paid as grants to | ||||||
26 | Illinois USTA/Midwest Youth Tennis Foundation to aid |
| |||||||
| |||||||
1 | USTA/Midwest districts in the State with exposing youth to | ||||||
2 | the game of tennis. | ||||||
3 | (20) (16) The Sons of the American Legion Fund. All | ||||||
4 | money in the Sons of the American Legion Fund shall be paid | ||||||
5 | as grants to the Illinois Detachment of the Sons of the | ||||||
6 | American Legion. | ||||||
7 | (Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; | ||||||
8 | 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. | ||||||
9 | 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112, | ||||||
10 | eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24; | ||||||
11 | 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff. | ||||||
12 | 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933, | ||||||
13 | eff. 1-1-25; revised 11-26-24.)
| ||||||
14 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) | ||||||
15 | Sec. 6-106. Application for license or instruction permit. | ||||||
16 | (a) Every application for any permit or license authorized | ||||||
17 | to be issued under this Code shall be made upon a form | ||||||
18 | furnished by the Secretary of State. Every application shall | ||||||
19 | be accompanied by the proper fee and payment of such fee shall | ||||||
20 | entitle the applicant to not more than 3 attempts to pass the | ||||||
21 | examination within a period of one year after the date of | ||||||
22 | application. | ||||||
23 | (b) Every application shall state the legal name, zip | ||||||
24 | code, date of birth, sex, and residence address of the | ||||||
25 | applicant; briefly describe the applicant; state whether the |
| |||||||
| |||||||
1 | applicant has theretofore been licensed as a driver, and, if | ||||||
2 | so, when and by what state or country, and whether any such | ||||||
3 | license has ever been cancelled, suspended, revoked or | ||||||
4 | refused, and, if so, the date and reason for such | ||||||
5 | cancellation, suspension, revocation or refusal; shall include | ||||||
6 | an affirmation by the applicant that all information set forth | ||||||
7 | is true and correct; and shall bear the applicant's signature. | ||||||
8 | In addition to the residence address, the Secretary may allow | ||||||
9 | the applicant to provide a mailing address. In the case of an | ||||||
10 | applicant who is a judicial officer or peace officer, the | ||||||
11 | Secretary may allow the applicant to provide an office or work | ||||||
12 | address in lieu of a residence or mailing address. The | ||||||
13 | application form may also require the statement of such | ||||||
14 | additional relevant information as the Secretary of State | ||||||
15 | shall deem necessary to determine the applicant's competency | ||||||
16 | and eligibility. The Secretary of State may, in his | ||||||
17 | discretion, by rule or regulation, provide that an application | ||||||
18 | for a drivers license or permit may include a suitable | ||||||
19 | photograph of the applicant in the form prescribed by the | ||||||
20 | Secretary, and he may further provide that each drivers | ||||||
21 | license shall include a photograph of the driver. The | ||||||
22 | Secretary of State may utilize a photograph process or system | ||||||
23 | most suitable to deter alteration or improper reproduction of | ||||||
24 | a drivers license and to prevent substitution of another photo | ||||||
25 | thereon. For the purposes of this subsection (b), "peace | ||||||
26 | officer" means any person who by virtue of his or her office or |
| |||||||
| |||||||
1 | public employment is vested by law with a duty to maintain | ||||||
2 | public order or to make arrests for a violation of any penal | ||||||
3 | statute of this State, whether that duty extends to all | ||||||
4 | violations or is limited to specific violations. | ||||||
5 | (b-1) Every application shall state the social security | ||||||
6 | number of the applicant; except if the applicant is applying | ||||||
7 | for a standard driver's license and, on the date of | ||||||
8 | application, is ineligible for a social security number, then: | ||||||
9 | (1) if the applicant has documentation, issued by the | ||||||
10 | United States Department of Homeland Security, authorizing | ||||||
11 | the applicant's presence in this country, the applicant | ||||||
12 | shall provide such documentation instead of a social | ||||||
13 | security number; and | ||||||
14 | (2) if the applicant does not have documentation | ||||||
15 | described in paragraph (1), the applicant shall provide, | ||||||
16 | instead of a social security number, the following: | ||||||
17 | (A) documentation establishing that the applicant | ||||||
18 | has resided in this State for a period in excess of one | ||||||
19 | year; | ||||||
20 | (B) a passport validly issued to the applicant | ||||||
21 | from the applicant's country of citizenship or a | ||||||
22 | consular identification document validly issued to the | ||||||
23 | applicant by a consulate of that country as defined in | ||||||
24 | Section 5 of the Consular Identification Document Act, | ||||||
25 | as long as such documents are either unexpired or | ||||||
26 | presented by an applicant within 2 years of its |
| |||||||
| |||||||
1 | expiration date; and | ||||||
2 | (C) a social security card, if the applicant has a | ||||||
3 | social security number. | ||||||
4 | (b-3) Upon the first issuance of a request for proposals | ||||||
5 | for a digital driver's license and identification card | ||||||
6 | issuance and facial recognition system issued after January 1, | ||||||
7 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
8 | implementation of a new or revised system procured pursuant to | ||||||
9 | that request for proposals, the Secretary shall permit | ||||||
10 | applicants to choose between "male", "female" or "non-binary" | ||||||
11 | when designating the applicant's sex on the driver's license | ||||||
12 | application form. The sex designated by the applicant shall be | ||||||
13 | displayed on the driver's license issued to the applicant. | ||||||
14 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
15 | license or permit shall provide proof of lawful status in the | ||||||
16 | United States as defined in 6 CFR 37.3, as amended. | ||||||
17 | (c) The application form shall include a notice to the | ||||||
18 | applicant of the registration obligations of sex offenders | ||||||
19 | under the Sex Offender Registration Act. The notice shall be | ||||||
20 | provided in a form and manner prescribed by the Secretary of | ||||||
21 | State. For purposes of this subsection (c), "sex offender" has | ||||||
22 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
23 | Registration Act. | ||||||
24 | (d) Any male United States citizen or immigrant who | ||||||
25 | applies for any permit or license authorized to be issued | ||||||
26 | under this Code or for a renewal of any permit or license, and |
| |||||||
| |||||||
1 | who is at least 18 years of age but less than 26 years of age, | ||||||
2 | must be registered in compliance with the requirements of the | ||||||
3 | federal Military Selective Service Act. The Secretary of State | ||||||
4 | must forward in an electronic format the necessary personal | ||||||
5 | information regarding the applicants identified in this | ||||||
6 | subsection (d) to the Selective Service System. The | ||||||
7 | applicant's signature on the application serves as an | ||||||
8 | indication that the applicant either has already registered | ||||||
9 | with the Selective Service System or that he is authorizing | ||||||
10 | the Secretary to forward to the Selective Service System the | ||||||
11 | necessary information for registration. The Secretary must | ||||||
12 | notify the applicant at the time of application that his | ||||||
13 | signature constitutes consent to registration with the | ||||||
14 | Selective Service System, if he is not already registered. | ||||||
15 | (e) Beginning on or before July 1, 2015, for each original | ||||||
16 | or renewal driver's license application under this Code, the | ||||||
17 | Secretary shall inquire as to whether the applicant is a | ||||||
18 | veteran for purposes of issuing a driver's license with a | ||||||
19 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
20 | this Code. The acceptable forms of proof shall include, but | ||||||
21 | are not limited to, Department of Defense form DD-214, | ||||||
22 | Department of Defense form DD-256 for applicants who did not | ||||||
23 | receive a form DD-214 upon the completion of initial basic | ||||||
24 | training, Department of Defense form DD-2 (Retired), an | ||||||
25 | identification card issued under the federal Veterans | ||||||
26 | Identification Card Act of 2015, or a United States Department |
| |||||||
| |||||||
1 | of Veterans Affairs summary of benefits letter. If the | ||||||
2 | document cannot be stamped, the Illinois Department of | ||||||
3 | Veterans Veterans' Affairs shall provide a certificate to the | ||||||
4 | veteran to provide to the Secretary of State. The Illinois | ||||||
5 | Department of Veterans Veterans' Affairs shall advise the | ||||||
6 | Secretary as to what other forms of proof of a person's status | ||||||
7 | as a veteran are acceptable. | ||||||
8 | For each applicant who is issued a driver's license with a | ||||||
9 | veteran designation, the Secretary shall provide the | ||||||
10 | Department of Veterans Veterans' Affairs with the applicant's | ||||||
11 | name, address, date of birth, gender and such other | ||||||
12 | demographic information as agreed to by the Secretary and the | ||||||
13 | Department. The Department may take steps necessary to confirm | ||||||
14 | the applicant is a veteran. If after due diligence, including | ||||||
15 | writing to the applicant at the address provided by the | ||||||
16 | Secretary, the Department is unable to verify the applicant's | ||||||
17 | veteran status, the Department shall inform the Secretary, who | ||||||
18 | shall notify the applicant that he or she must confirm status | ||||||
19 | as a veteran, or the driver's license will be cancelled. | ||||||
20 | For purposes of this subsection (e): | ||||||
21 | "Armed forces" means any of the Armed Forces of the United | ||||||
22 | States, including a member of any reserve component or | ||||||
23 | National Guard unit. | ||||||
24 | "Veteran" means a person who has served in the armed | ||||||
25 | forces and was discharged or separated under honorable | ||||||
26 | conditions. |
| |||||||
| |||||||
1 | (f) An applicant who is eligible for Gold Star license | ||||||
2 | plates under Section 3-664 of this Code may apply for an | ||||||
3 | original or renewal driver's license with space for a | ||||||
4 | designation as a Gold Star Family. The Secretary may waive any | ||||||
5 | fee for this application. If the Secretary does not waive the | ||||||
6 | fee, any fee charged to the applicant must be deposited into | ||||||
7 | the Illinois Veterans Assistance Fund. The Secretary is | ||||||
8 | authorized to issue rules to implement this subsection. | ||||||
9 | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24; | ||||||
10 | 103-933, eff. 1-1-25 .)
| ||||||
11 | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2) | ||||||
12 | Sec. 11-1301.2. Special decals for parking; persons with | ||||||
13 | disabilities. | ||||||
14 | (a) The Secretary of State shall provide for, by | ||||||
15 | administrative rules, the design, size, color, and placement | ||||||
16 | of a person with disabilities motorist decal or device and | ||||||
17 | shall provide for, by administrative rules, the content and | ||||||
18 | form of an application for a person with disabilities motorist | ||||||
19 | decal or device, which shall be used by local authorities in | ||||||
20 | the issuance thereof to a person with temporary disabilities, | ||||||
21 | provided that the decal or device is valid for no more than 90 | ||||||
22 | days, subject to renewal for like periods based upon continued | ||||||
23 | disability, and further provided that the decal or device | ||||||
24 | clearly sets forth the date that the decal or device expires. | ||||||
25 | The application shall include the requirement of an Illinois |
| |||||||
| |||||||
1 | Identification Card number or a State of Illinois driver's | ||||||
2 | license number or, if the applicant does not have an | ||||||
3 | identification card or driver's license number, then the | ||||||
4 | applicant may use a valid identification number issued by a | ||||||
5 | branch of the U.S. military or a federally issued Medicare or | ||||||
6 | Medicaid identification number. This decal or device may be | ||||||
7 | used by the authorized holder to designate and identify a | ||||||
8 | vehicle not owned or displaying a registration plate or | ||||||
9 | digital registration plate as provided in Sections 3-609 and | ||||||
10 | 3-616 of this Act to designate when the vehicle is being used | ||||||
11 | to transport said person or persons with disabilities, and | ||||||
12 | thus is entitled to enjoy all the privileges that would be | ||||||
13 | afforded a person with disabilities licensed vehicle. Person | ||||||
14 | with disabilities decals or devices issued and displayed | ||||||
15 | pursuant to this Section shall be recognized and honored by | ||||||
16 | all local authorities regardless of which local authority | ||||||
17 | issued such decal or device. | ||||||
18 | The decal or device shall be issued only upon a showing by | ||||||
19 | adequate documentation that the person for whose benefit the | ||||||
20 | decal or device is to be used has a disability as defined in | ||||||
21 | Section 1-159.1 of this Code and the disability is temporary. | ||||||
22 | (a-5) The Secretary may provide a disabilities motorist | ||||||
23 | decal or device to an expectant mother during her third | ||||||
24 | trimester. An application under this subsection is subject to | ||||||
25 | application requirements under subsection (a). The decal or | ||||||
26 | device shall be valid for no more than 90 days, and shall |
| |||||||
| |||||||
1 | clearly set forth the date that the decal or device expires. | ||||||
2 | The decal or device shall be issued only upon a showing by | ||||||
3 | adequate documentation that the expectant mother has entered | ||||||
4 | her third trimester. | ||||||
5 | (b) The local governing authorities shall be responsible | ||||||
6 | for the provision of such decal or device, its issuance and | ||||||
7 | designated placement within the vehicle. The cost of such | ||||||
8 | decal or device shall be at the discretion of such local | ||||||
9 | governing authority. | ||||||
10 | (c) The Secretary of State may, pursuant to Section | ||||||
11 | 3-616(c), issue a person with disabilities parking decal or | ||||||
12 | device to a person with disabilities as defined by Section | ||||||
13 | 1-159.1. Any person with disabilities parking decal or device | ||||||
14 | issued by the Secretary of State shall be registered to that | ||||||
15 | person with disabilities in the form to be prescribed by the | ||||||
16 | Secretary of State. The person with disabilities parking decal | ||||||
17 | or device shall not display that person's address. One | ||||||
18 | additional decal or device may be issued to an applicant upon | ||||||
19 | his or her written request and with the approval of the | ||||||
20 | Secretary of State. The written request must include a | ||||||
21 | justification of the need for the additional decal or device. | ||||||
22 | (c-5) Beginning January 1, 2014, the Secretary shall | ||||||
23 | provide by administrative rule for the issuance of a separate | ||||||
24 | and distinct parking decal or device for persons with | ||||||
25 | disabilities as defined by Section 1-159.1 of this Code and | ||||||
26 | who meet the qualifications under this subsection. The |
| |||||||
| |||||||
1 | authorized holder of a decal or device issued under this | ||||||
2 | subsection (c-5) shall be exempt from the payment of fees | ||||||
3 | generated by parking in a metered space, a parking area | ||||||
4 | subject to paragraph (10) of subsection (a) of Section 11-209 | ||||||
5 | of this Code, or a publicly owned parking area. | ||||||
6 | The Secretary shall issue a meter-exempt decal or device | ||||||
7 | to a person with disabilities who: (i) has been issued | ||||||
8 | registration plates or digital registration plates under | ||||||
9 | subsection (a) of Section 3-609 or Section 3-616 of this Code | ||||||
10 | or a special decal or device under this Section, (ii) holds a | ||||||
11 | valid Illinois driver's license, and (iii) is unable to do one | ||||||
12 | or more of the following: | ||||||
13 | (1) manage, manipulate, or insert coins, or obtain | ||||||
14 | tickets or tokens in parking meters or ticket machines in | ||||||
15 | parking lots, due to the lack of fine motor control of both | ||||||
16 | hands; | ||||||
17 | (2) reach above his or her head to a height of 42 | ||||||
18 | inches from the ground, due to a lack of finger, hand, or | ||||||
19 | upper extremity strength or mobility; | ||||||
20 | (3) approach a parking meter due to his or her use of a | ||||||
21 | wheelchair or other device for mobility; or | ||||||
22 | (4) walk more than 20 feet due to an orthopedic, | ||||||
23 | neurological, cardiovascular, or lung condition in which | ||||||
24 | the degree of debilitation is so severe that it almost | ||||||
25 | completely impedes the ability to walk. | ||||||
26 | The application for a meter-exempt parking decal or device |
| |||||||
| |||||||
1 | shall contain a statement certified by a licensed physician, | ||||||
2 | physician assistant, or advanced practice registered nurse | ||||||
3 | attesting to the permanent nature of the applicant's condition | ||||||
4 | and verifying that the applicant meets the physical | ||||||
5 | qualifications specified in this subsection (c-5). | ||||||
6 | Notwithstanding the requirements of this subsection (c-5), | ||||||
7 | the Secretary shall issue a meter-exempt decal or device to a | ||||||
8 | person who has been issued registration plates or digital | ||||||
9 | registration plates under Section 3-616 of this Code or a | ||||||
10 | special decal or device under this Section, if the applicant | ||||||
11 | is the parent or guardian of a person with disabilities who is | ||||||
12 | under 18 years of age and incapable of driving. | ||||||
13 | (d) Replacement decals or devices may be issued for lost, | ||||||
14 | stolen, or destroyed decals upon application and payment of a | ||||||
15 | $10 fee. The replacement fee may be waived for individuals | ||||||
16 | that have claimed and received a grant under the Senior | ||||||
17 | Citizens and Persons with Disabilities Property Tax Relief | ||||||
18 | Act. | ||||||
19 | (e) A person classified as a veteran under subsection (e) | ||||||
20 | of Section 6-106 of this Code that has been issued a decal or | ||||||
21 | device under this Section shall not be required to submit | ||||||
22 | evidence of disability in order to renew that decal or device | ||||||
23 | if, at the time of initial application, he or she submitted | ||||||
24 | evidence from his or her physician or the Department of | ||||||
25 | Veterans Veterans' Affairs that the disability is of a | ||||||
26 | permanent nature. However, the Secretary shall take reasonable |
| |||||||
| |||||||
1 | steps to ensure the veteran still resides in this State at the | ||||||
2 | time of the renewal. These steps may include requiring the | ||||||
3 | veteran to provide additional documentation or to appear at a | ||||||
4 | Secretary of State facility. To identify veterans who are | ||||||
5 | eligible for this exemption, the Secretary shall compare the | ||||||
6 | list of the persons who have been issued a decal or device to | ||||||
7 | the list of persons who have been issued a vehicle | ||||||
8 | registration plate or digital registration plate for veterans | ||||||
9 | with disabilities under Section 3-609 of this Code, or who are | ||||||
10 | identified as a veteran on their driver's license under | ||||||
11 | Section 6-110 of this Code or on their identification card | ||||||
12 | under Section 4 of the Illinois Identification Card Act. | ||||||
13 | (Source: P.A. 101-395, eff. 8-16-19; 102-453, eff. 1-1-22 .)
| ||||||
14 | Section 440. The Access to Justice Act is amended by | ||||||
15 | changing Section 7 as follows:
| ||||||
16 | (705 ILCS 95/7) | ||||||
17 | Sec. 7. Definitions. As used in this Act: | ||||||
18 | (a) "Foundation" means the Illinois Equal Justice | ||||||
19 | Foundation, a not-for-profit corporation created by the | ||||||
20 | Illinois State Bar Association and the Chicago Bar Association | ||||||
21 | and recognized under the Illinois Equal Justice Act. | ||||||
22 | (b) "Illinois Access to Civil Justice Council" or | ||||||
23 | "Council" means a special advisory body created by the | ||||||
24 | Foundation. The Council consists of 7 members, appointed as |
| |||||||
| |||||||
1 | follows: one by the Lawyers Trust Fund of Illinois, one by the | ||||||
2 | Chicago Bar Foundation, one by the Illinois Bar Foundation, | ||||||
3 | one by the Illinois Department of Veterans Veterans' Affairs, | ||||||
4 | one by the Illinois Attorney General, and 2 by the Foundation | ||||||
5 | or any successor entities or agencies as designated by the | ||||||
6 | Council. | ||||||
7 | (Source: P.A. 99-281, eff. 8-5-15.)
| ||||||
8 | Section 445. The Court of Claims Act is amended by | ||||||
9 | changing Section 9.5 as follows:
| ||||||
10 | (705 ILCS 505/9.5) | ||||||
11 | Sec. 9.5. Gold Star and Fallen Heroes Families Assistance | ||||||
12 | Program. | ||||||
13 | (a) Within the Court of Claims, there is established a | ||||||
14 | Gold Star and Fallen Heroes Families Assistance Program, which | ||||||
15 | is charged with the responsibility of assessing the needs of | ||||||
16 | and providing information to Illinois Gold Star and Fallen | ||||||
17 | Heroes Families with regard to claims filed pursuant to the | ||||||
18 | Line of Duty Compensation Act. | ||||||
19 | (b) As used in this Section, "Gold Star and Fallen Heroes | ||||||
20 | Family" means the family members of an individual who was | ||||||
21 | killed in the line of duty and who was employed or serving in a | ||||||
22 | capacity defined in Section 2 of the Illinois Line of Duty | ||||||
23 | Compensation Act. | ||||||
24 | (c) Toll-free helpline. The Gold Star and Fallen Heroes |
| |||||||
| |||||||
1 | Families Assistance Program shall include a toll-free helpline | ||||||
2 | dedicated to families seeking information about the Line of | ||||||
3 | Duty Compensation Act, including, but not limited to, the | ||||||
4 | status of claims filed pursuant to that Act. The helpline | ||||||
5 | phone number and information about the Gold Star and Fallen | ||||||
6 | Heroes Families Assistance Program shall be provided to each | ||||||
7 | person filing a claim under the Line of Duty Compensation Act. | ||||||
8 | (d) On or before January 1 of each year, the Court of | ||||||
9 | Claims shall report to the Governor, both houses of the | ||||||
10 | General Assembly, and the Illinois Department of Veterans | ||||||
11 | Veterans' Affairs the following information: | ||||||
12 | (1) the number of claims filed with the Court of | ||||||
13 | Claims pursuant to the Line of Duty Compensation Act; | ||||||
14 | (2) the number of Line of Duty Compensation Act claims | ||||||
15 | approved for payment by the Court of Claims during the | ||||||
16 | preceding calendar year; | ||||||
17 | (3) the number and status of Line of Duty Compensation | ||||||
18 | Act claims pending in the Court of Claims; and | ||||||
19 | (4) other information as may be requested by the | ||||||
20 | Governor. | ||||||
21 | (Source: P.A. 96-539, eff. 1-1-10; 96-541, eff. 1-1-10; | ||||||
22 | 96-1000, eff. 7-2-10.)
| ||||||
23 | Section 450. The Illinois Controlled Substances Act is | ||||||
24 | amended by changing Section 311.6 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 570/311.6) | ||||||
2 | Sec. 311.6. Opioid prescriptions. | ||||||
3 | (a) Notwithstanding any other provision of law, a | ||||||
4 | prescription for a substance classified in Schedule II, III, | ||||||
5 | IV, or V must be sent electronically, in accordance with | ||||||
6 | Section 316. Prescriptions sent in accordance with this | ||||||
7 | subsection (a) must be accepted by the dispenser in electronic | ||||||
8 | format. | ||||||
9 | (b) Beginning on the effective date of this amendatory Act | ||||||
10 | of the 103rd General Assembly until December 31, 2028, | ||||||
11 | notwithstanding any other provision of this Section or any | ||||||
12 | other provision of law, a prescriber shall not be required to | ||||||
13 | issue prescriptions electronically if he or she certifies to | ||||||
14 | the Department of Financial and Professional Regulation that | ||||||
15 | he or she will not issue more than 150 prescriptions during a | ||||||
16 | 12-month period. Prescriptions in both oral and written form | ||||||
17 | for controlled substances shall be included in determining | ||||||
18 | whether the prescriber will reach the limit of 150 | ||||||
19 | prescriptions. Beginning January 1, 2029, notwithstanding any | ||||||
20 | other provision of this Section or any other provision of law, | ||||||
21 | a prescriber shall not be required to issue prescriptions | ||||||
22 | electronically if he or she certifies to the Department of | ||||||
23 | Financial and Professional Regulation that he or she will not | ||||||
24 | issue more than 50 prescriptions during a 12-month period. | ||||||
25 | Prescriptions in both oral and written form for controlled | ||||||
26 | substances shall be included in determining whether the |
| |||||||
| |||||||
1 | prescriber will reach the limit of 50 prescriptions. | ||||||
2 | (b-5) Notwithstanding any other provision of this Section | ||||||
3 | or any other provision of law, a prescriber shall not be | ||||||
4 | required to issue prescriptions electronically under the | ||||||
5 | following circumstances: | ||||||
6 | (1) prior to January 1, 2026, the prescriber | ||||||
7 | demonstrates financial difficulties in buying or managing | ||||||
8 | an electronic prescription option, whether it is an | ||||||
9 | electronic health record or some other electronic | ||||||
10 | prescribing product; | ||||||
11 | (2) on and after January 1, 2026, the prescriber | ||||||
12 | provides proof of a waiver from the Centers for Medicare | ||||||
13 | and Medicaid Services for the Electronic Prescribing for | ||||||
14 | Controlled Substances Program due to demonstrated economic | ||||||
15 | hardship for the previous compliance year; | ||||||
16 | (3) there is a temporary technological or electrical | ||||||
17 | failure that prevents an electronic prescription from | ||||||
18 | being issued; | ||||||
19 | (4) the prescription is for a drug that the | ||||||
20 | practitioner reasonably determines would be impractical | ||||||
21 | for the patient to obtain in a timely manner if prescribed | ||||||
22 | by an electronic data transmission prescription and the | ||||||
23 | delay would adversely impact the patient's medical | ||||||
24 | condition; | ||||||
25 | (5) the prescription is for an individual who: | ||||||
26 | (A) resides in a nursing or assisted living |
| |||||||
| |||||||
1 | facility; | ||||||
2 | (B) is receiving hospice or palliative care; | ||||||
3 | (C) is receiving care at an outpatient renal | ||||||
4 | dialysis facility and the prescription is related to | ||||||
5 | the care provided; | ||||||
6 | (D) is receiving care through the United States | ||||||
7 | Department of Veterans Affairs; or | ||||||
8 | (E) is incarcerated in a state, detained, or | ||||||
9 | confined in a correctional facility; | ||||||
10 | (6) the prescription prescribes a drug under a | ||||||
11 | research protocol; | ||||||
12 | (7) the prescription is a non-patient specific | ||||||
13 | prescription dispensed under a standing order, approved | ||||||
14 | protocol for drug therapy, collaborative drug management, | ||||||
15 | or comprehensive medication management, or in response to | ||||||
16 | a public health emergency or other circumstance in which | ||||||
17 | the practitioner may issue a non-patient specific | ||||||
18 | prescription; | ||||||
19 | (8) the prescription is issued when the prescriber and | ||||||
20 | dispenser are the same entity; | ||||||
21 | (9) the prescription is issued for a compound | ||||||
22 | prescription containing 2 or more compounds; or | ||||||
23 | (10) the prescription is issued by a licensed | ||||||
24 | veterinarian within 2 years after the effective date of | ||||||
25 | this amendatory Act of the 103rd General Assembly. | ||||||
26 | (c) The Department of Financial and Professional |
| |||||||
| |||||||
1 | Regulation may adopt rules for the administration of this | ||||||
2 | Section to the requirements under this Section that the | ||||||
3 | Department of Financial and Professional Regulation may deem | ||||||
4 | appropriate. | ||||||
5 | (d) Any prescriber who makes a good faith effort to | ||||||
6 | prescribe electronically, but for reasons not within the | ||||||
7 | prescriber's control is unable to prescribe electronically, | ||||||
8 | may be exempt from any disciplinary action. | ||||||
9 | (e) Any pharmacist who dispenses in good faith based upon | ||||||
10 | a valid prescription that is not prescribed electronically may | ||||||
11 | be exempt from any disciplinary action. A pharmacist is not | ||||||
12 | required to ensure or responsible for ensuring the | ||||||
13 | prescriber's compliance under subsection (b), nor may any | ||||||
14 | other entity or organization require a pharmacist to ensure | ||||||
15 | the prescriber's compliance with that subsection. A pharmacist | ||||||
16 | may not refuse to fill a valid prescription solely because it | ||||||
17 | is not prescribed electronically. | ||||||
18 | (f) It shall be a violation of this Section for any | ||||||
19 | prescriber or dispenser to adopt a policy contrary to this | ||||||
20 | Section. | ||||||
21 | (g) A compliance action with respect to this Section | ||||||
22 | initiated by the Department of Financial and Professional | ||||||
23 | Regulation prior to December 31, 2030 is limited to a | ||||||
24 | non-disciplinary warning letter or citation, unless the | ||||||
25 | prescriber or dispenser fails to abide by the initial | ||||||
26 | non-disciplinary warning letter or citation, has acted in bad |
| |||||||
| |||||||
1 | faith, or a pattern of practice in violation of this Section | ||||||
2 | occurs. | ||||||
3 | (Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A. | ||||||
4 | 102-1109 for effective date of P.A. 102-490); 103-425, eff. | ||||||
5 | 1-1-24; 103-563, eff. 11-17-23; 103-732, eff. 8-2-24.)
| ||||||
6 | Section 455. The Unified Code of Corrections is amended by | ||||||
7 | changing Sections 3-12-6 and 5-4-1 as follows:
| ||||||
8 | (730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6) | ||||||
9 | Sec. 3-12-6. Programs. Through its Illinois Correctional | ||||||
10 | Industries division, the Department may establish commercial, | ||||||
11 | business, and manufacturing programs for the production of | ||||||
12 | finished goods and processed food and beverages to the State, | ||||||
13 | its political units, agencies, and other public institutions. | ||||||
14 | Illinois Correctional Industries may establish, operate, and | ||||||
15 | maintain manufacturing and food and beverage production in the | ||||||
16 | Department facilities and provide food for the Department | ||||||
17 | institutions and for the mental health and developmental | ||||||
18 | disabilities institutions of the Department of Human Services | ||||||
19 | and the institutions of the Department of Veterans Veterans' | ||||||
20 | Affairs. | ||||||
21 | Illinois Correctional Industries shall be administered by | ||||||
22 | a chief executive officer. The chief executive officer shall | ||||||
23 | report to the Director of the Department or the Director's | ||||||
24 | designee. The chief executive officer shall administer the |
| |||||||
| |||||||
1 | commercial and business programs of ICI for inmate workers in | ||||||
2 | the custody of the Department of Corrections. | ||||||
3 | The chief executive officer shall have such assistants as | ||||||
4 | are required for programming, manufacturing, budget, and | ||||||
5 | personnel as necessary to run its programs. | ||||||
6 | Illinois Correctional Industries shall be located in | ||||||
7 | Springfield. The chief executive officer of Illinois | ||||||
8 | Correctional Industries shall assign personnel to teach the | ||||||
9 | production of goods and shall employ committed persons | ||||||
10 | assigned by the facility chief administrative officer. The | ||||||
11 | Department of Corrections may direct such other vocational | ||||||
12 | programs as it deems necessary for the rehabilitation of | ||||||
13 | inmates, which shall be separate and apart from, and not in | ||||||
14 | conflict with, programs of Illinois Correctional Industries. | ||||||
15 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
16 | 103-8, eff. 6-7-23.)
| ||||||
17 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) | ||||||
18 | Sec. 5-4-1. Sentencing hearing. | ||||||
19 | (a) After a determination of guilt, a hearing shall be | ||||||
20 | held to impose the sentence. However, prior to the imposition | ||||||
21 | of sentence on an individual being sentenced for an offense | ||||||
22 | based upon a charge for a violation of Section 11-501 of the | ||||||
23 | Illinois Vehicle Code or a similar provision of a local | ||||||
24 | ordinance, the individual must undergo a professional | ||||||
25 | evaluation to determine if an alcohol or other drug abuse |
| |||||||
| |||||||
1 | problem exists and the extent of such a problem. Programs | ||||||
2 | conducting these evaluations shall be licensed by the | ||||||
3 | Department of Human Services. However, if the individual is | ||||||
4 | not a resident of Illinois, the court may, in its discretion, | ||||||
5 | accept an evaluation from a program in the state of such | ||||||
6 | individual's residence. The court shall make a specific | ||||||
7 | finding about whether the defendant is eligible for | ||||||
8 | participation in a Department impact incarceration program as | ||||||
9 | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an | ||||||
10 | explanation as to why a sentence to impact incarceration is | ||||||
11 | not an appropriate sentence. The court may in its sentencing | ||||||
12 | order recommend a defendant for placement in a Department of | ||||||
13 | Corrections substance abuse treatment program as provided in | ||||||
14 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
15 | upon the defendant being accepted in a program by the | ||||||
16 | Department of Corrections. At the hearing the court shall: | ||||||
17 | (1) consider the evidence, if any, received upon the | ||||||
18 | trial; | ||||||
19 | (2) consider any presentence reports; | ||||||
20 | (3) consider the financial impact of incarceration | ||||||
21 | based on the financial impact statement filed with the | ||||||
22 | clerk of the court by the Department of Corrections; | ||||||
23 | (4) consider evidence and information offered by the | ||||||
24 | parties in aggravation and mitigation; | ||||||
25 | (4.5) consider substance abuse treatment, eligibility | ||||||
26 | screening, and an assessment, if any, of the defendant by |
| |||||||
| |||||||
1 | an agent designated by the State of Illinois to provide | ||||||
2 | assessment services for the Illinois courts; | ||||||
3 | (5) hear arguments as to sentencing alternatives; | ||||||
4 | (6) afford the defendant the opportunity to make a | ||||||
5 | statement in his own behalf; | ||||||
6 | (7) afford the victim of a violent crime or a | ||||||
7 | violation of Section 11-501 of the Illinois Vehicle Code, | ||||||
8 | or a similar provision of a local ordinance, the | ||||||
9 | opportunity to present an oral or written statement, as | ||||||
10 | guaranteed by Article I, Section 8.1 of the Illinois | ||||||
11 | Constitution and provided in Section 6 of the Rights of | ||||||
12 | Crime Victims and Witnesses Act. The court shall allow a | ||||||
13 | victim to make an oral statement if the victim is present | ||||||
14 | in the courtroom and requests to make an oral or written | ||||||
15 | statement. An oral or written statement includes the | ||||||
16 | victim or a representative of the victim reading the | ||||||
17 | written statement. The court may allow persons impacted by | ||||||
18 | the crime who are not victims under subsection (a) of | ||||||
19 | Section 3 of the Rights of Crime Victims and Witnesses Act | ||||||
20 | to present an oral or written statement. A victim and any | ||||||
21 | person making an oral statement shall not be put under | ||||||
22 | oath or subject to cross-examination. All statements | ||||||
23 | offered under this paragraph (7) shall become part of the | ||||||
24 | record of the court. In this paragraph (7), "victim of a | ||||||
25 | violent crime" means a person who is a victim of a violent | ||||||
26 | crime for which the defendant has been convicted after a |
| |||||||
| |||||||
1 | bench or jury trial or a person who is the victim of a | ||||||
2 | violent crime with which the defendant was charged and the | ||||||
3 | defendant has been convicted under a plea agreement of a | ||||||
4 | crime that is not a violent crime as defined in subsection | ||||||
5 | (c) of 3 of the Rights of Crime Victims and Witnesses Act; | ||||||
6 | (7.5) afford a qualified person affected by: (i) a | ||||||
7 | violation of Section 405, 405.1, 405.2, or 407 of the | ||||||
8 | Illinois Controlled Substances Act or a violation of | ||||||
9 | Section 55 or Section 65 of the Methamphetamine Control | ||||||
10 | and Community Protection Act; or (ii) a Class 4 felony | ||||||
11 | violation of Section 11-14, 11-14.3 except as described in | ||||||
12 | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||||||
13 | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, committed by the defendant the | ||||||
15 | opportunity to make a statement concerning the impact on | ||||||
16 | the qualified person and to offer evidence in aggravation | ||||||
17 | or mitigation; provided that the statement and evidence | ||||||
18 | offered in aggravation or mitigation shall first be | ||||||
19 | prepared in writing in conjunction with the State's | ||||||
20 | Attorney before it may be presented orally at the hearing. | ||||||
21 | Sworn testimony offered by the qualified person is subject | ||||||
22 | to the defendant's right to cross-examine. All statements | ||||||
23 | and evidence offered under this paragraph (7.5) shall | ||||||
24 | become part of the record of the court. In this paragraph | ||||||
25 | (7.5), "qualified person" means any person who: (i) lived | ||||||
26 | or worked within the territorial jurisdiction where the |
| |||||||
| |||||||
1 | offense took place when the offense took place; or (ii) is | ||||||
2 | familiar with various public places within the territorial | ||||||
3 | jurisdiction where the offense took place when the offense | ||||||
4 | took place. "Qualified person" includes any peace officer | ||||||
5 | or any member of any duly organized State, county, or | ||||||
6 | municipal peace officer unit assigned to the territorial | ||||||
7 | jurisdiction where the offense took place when the offense | ||||||
8 | took place; | ||||||
9 | (8) in cases of reckless homicide afford the victim's | ||||||
10 | spouse, guardians, parents or other immediate family | ||||||
11 | members an opportunity to make oral statements; | ||||||
12 | (9) in cases involving a felony sex offense as defined | ||||||
13 | under the Sex Offender Management Board Act, consider the | ||||||
14 | results of the sex offender evaluation conducted pursuant | ||||||
15 | to Section 5-3-2 of this Act; and | ||||||
16 | (10) make a finding of whether a motor vehicle was | ||||||
17 | used in the commission of the offense for which the | ||||||
18 | defendant is being sentenced. | ||||||
19 | (b) All sentences shall be imposed by the judge based upon | ||||||
20 | his independent assessment of the elements specified above and | ||||||
21 | any agreement as to sentence reached by the parties. The judge | ||||||
22 | who presided at the trial or the judge who accepted the plea of | ||||||
23 | guilty shall impose the sentence unless he is no longer | ||||||
24 | sitting as a judge in that court. Where the judge does not | ||||||
25 | impose sentence at the same time on all defendants who are | ||||||
26 | convicted as a result of being involved in the same offense, |
| |||||||
| |||||||
1 | the defendant or the State's Attorney may advise the | ||||||
2 | sentencing court of the disposition of any other defendants | ||||||
3 | who have been sentenced. | ||||||
4 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
5 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
6 | sentence of probation or conditional discharge is an available | ||||||
7 | sentence, if the defendant has no prior sentence of probation | ||||||
8 | or conditional discharge and no prior conviction for a violent | ||||||
9 | crime, the defendant shall not be sentenced to imprisonment | ||||||
10 | before review and consideration of a presentence report and | ||||||
11 | determination and explanation of why the particular evidence, | ||||||
12 | information, factor in aggravation, factual finding, or other | ||||||
13 | reasons support a sentencing determination that one or more of | ||||||
14 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
15 | apply and that probation or conditional discharge is not an | ||||||
16 | appropriate sentence. | ||||||
17 | (c) In imposing a sentence for a violent crime or for an | ||||||
18 | offense of operating or being in physical control of a vehicle | ||||||
19 | while under the influence of alcohol, any other drug or any | ||||||
20 | combination thereof, or a similar provision of a local | ||||||
21 | ordinance, when such offense resulted in the personal injury | ||||||
22 | to someone other than the defendant, the trial judge shall | ||||||
23 | specify on the record the particular evidence, information, | ||||||
24 | factors in mitigation and aggravation or other reasons that | ||||||
25 | led to his sentencing determination. The full verbatim record | ||||||
26 | of the sentencing hearing shall be filed with the clerk of the |
| |||||||
| |||||||
1 | court and shall be a public record. | ||||||
2 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
3 | kidnapping for ransom, home invasion, armed robbery, | ||||||
4 | aggravated vehicular hijacking, aggravated discharge of a | ||||||
5 | firearm, or armed violence with a category I weapon or | ||||||
6 | category II weapon, the trial judge shall make a finding as to | ||||||
7 | whether the conduct leading to conviction for the offense | ||||||
8 | resulted in great bodily harm to a victim, and shall enter that | ||||||
9 | finding and the basis for that finding in the record. | ||||||
10 | (c-1.5) Notwithstanding any other provision of law to the | ||||||
11 | contrary, in imposing a sentence for an offense that requires | ||||||
12 | a mandatory minimum sentence of imprisonment, the court may | ||||||
13 | instead sentence the offender to probation, conditional | ||||||
14 | discharge, or a lesser term of imprisonment it deems | ||||||
15 | appropriate if: (1) the offense involves the use or possession | ||||||
16 | of drugs, retail theft, or driving on a revoked license due to | ||||||
17 | unpaid financial obligations; (2) the court finds that the | ||||||
18 | defendant does not pose a risk to public safety; and (3) the | ||||||
19 | interest of justice requires imposing a term of probation, | ||||||
20 | conditional discharge, or a lesser term of imprisonment. The | ||||||
21 | court must state on the record its reasons for imposing | ||||||
22 | probation, conditional discharge, or a lesser term of | ||||||
23 | imprisonment. | ||||||
24 | (c-2) If the defendant is sentenced to prison, other than | ||||||
25 | when a sentence of natural life imprisonment is imposed, at | ||||||
26 | the time the sentence is imposed the judge shall state on the |
| |||||||
| |||||||
1 | record in open court the approximate period of time the | ||||||
2 | defendant will serve in custody according to the then current | ||||||
3 | statutory rules and regulations for sentence credit found in | ||||||
4 | Section 3-6-3 and other related provisions of this Code. This | ||||||
5 | statement is intended solely to inform the public, has no | ||||||
6 | legal effect on the defendant's actual release, and may not be | ||||||
7 | relied on by the defendant on appeal. | ||||||
8 | The judge's statement, to be given after pronouncing the | ||||||
9 | sentence, other than when the sentence is imposed for one of | ||||||
10 | the offenses enumerated in paragraph (a)(4) of Section 3-6-3, | ||||||
11 | shall include the following: | ||||||
12 | "The purpose of this statement is to inform the public of | ||||||
13 | the actual period of time this defendant is likely to spend in | ||||||
14 | prison as a result of this sentence. The actual period of | ||||||
15 | prison time served is determined by the statutes of Illinois | ||||||
16 | as applied to this sentence by the Illinois Department of | ||||||
17 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
18 | case, assuming the defendant receives all of his or her | ||||||
19 | sentence credit, the period of estimated actual custody is ... | ||||||
20 | years and ... months, less up to 180 days additional earned | ||||||
21 | sentence credit. If the defendant, because of his or her own | ||||||
22 | misconduct or failure to comply with the institutional | ||||||
23 | regulations, does not receive those credits, the actual time | ||||||
24 | served in prison will be longer. The defendant may also | ||||||
25 | receive an additional one-half day sentence credit for each | ||||||
26 | day of participation in vocational, industry, substance abuse, |
| |||||||
| |||||||
1 | and educational programs as provided for by Illinois statute." | ||||||
2 | When the sentence is imposed for one of the offenses | ||||||
3 | enumerated in paragraph (a)(2) of Section 3-6-3, other than | ||||||
4 | first degree murder, and the offense was committed on or after | ||||||
5 | June 19, 1998, and when the sentence is imposed for reckless | ||||||
6 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
8 | offense was committed on or after January 1, 1999, and when the | ||||||
9 | sentence is imposed for aggravated driving under the influence | ||||||
10 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
11 | compounds, or any combination thereof as defined in | ||||||
12 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
13 | 11-501 of the Illinois Vehicle Code, and when the sentence is | ||||||
14 | imposed for aggravated arson if the offense was committed on | ||||||
15 | or after July 27, 2001 (the effective date of Public Act | ||||||
16 | 92-176), and when the sentence is imposed for aggravated | ||||||
17 | driving under the influence of alcohol, other drug or drugs, | ||||||
18 | or intoxicating compound or compounds, or any combination | ||||||
19 | thereof as defined in subparagraph (C) of paragraph (1) of | ||||||
20 | subsection (d) of Section 11-501 of the Illinois Vehicle Code | ||||||
21 | committed on or after January 1, 2011 (the effective date of | ||||||
22 | Public Act 96-1230), the judge's statement, to be given after | ||||||
23 | pronouncing the sentence, shall include the following: | ||||||
24 | "The purpose of this statement is to inform the public of | ||||||
25 | the actual period of time this defendant is likely to spend in | ||||||
26 | prison as a result of this sentence. The actual period of |
| |||||||
| |||||||
1 | prison time served is determined by the statutes of Illinois | ||||||
2 | as applied to this sentence by the Illinois Department of | ||||||
3 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
4 | case, the defendant is entitled to no more than 4 1/2 days of | ||||||
5 | sentence credit for each month of his or her sentence of | ||||||
6 | imprisonment. Therefore, this defendant will serve at least | ||||||
7 | 85% of his or her sentence. Assuming the defendant receives 4 | ||||||
8 | 1/2 days credit for each month of his or her sentence, the | ||||||
9 | period of estimated actual custody is ... years and ... | ||||||
10 | months. If the defendant, because of his or her own misconduct | ||||||
11 | or failure to comply with the institutional regulations | ||||||
12 | receives lesser credit, the actual time served in prison will | ||||||
13 | be longer." | ||||||
14 | When a sentence of imprisonment is imposed for first | ||||||
15 | degree murder and the offense was committed on or after June | ||||||
16 | 19, 1998, the judge's statement, to be given after pronouncing | ||||||
17 | the sentence, shall include the following: | ||||||
18 | "The purpose of this statement is to inform the public of | ||||||
19 | the actual period of time this defendant is likely to spend in | ||||||
20 | prison as a result of this sentence. The actual period of | ||||||
21 | prison time served is determined by the statutes of Illinois | ||||||
22 | as applied to this sentence by the Illinois Department of | ||||||
23 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
24 | case, the defendant is not entitled to sentence credit. | ||||||
25 | Therefore, this defendant will serve 100% of his or her | ||||||
26 | sentence." |
| |||||||
| |||||||
1 | When the sentencing order recommends placement in a | ||||||
2 | substance abuse program for any offense that results in | ||||||
3 | incarceration in a Department of Corrections facility and the | ||||||
4 | crime was committed on or after September 1, 2003 (the | ||||||
5 | effective date of Public Act 93-354), the judge's statement, | ||||||
6 | in addition to any other judge's statement required under this | ||||||
7 | Section, to be given after pronouncing the sentence, shall | ||||||
8 | include the following: | ||||||
9 | "The purpose of this statement is to inform the public of | ||||||
10 | the actual period of time this defendant is likely to spend in | ||||||
11 | prison as a result of this sentence. The actual period of | ||||||
12 | prison time served is determined by the statutes of Illinois | ||||||
13 | as applied to this sentence by the Illinois Department of | ||||||
14 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
15 | case, the defendant shall receive no earned sentence credit | ||||||
16 | under clause (3) of subsection (a) of Section 3-6-3 until he or | ||||||
17 | she participates in and completes a substance abuse treatment | ||||||
18 | program or receives a waiver from the Director of Corrections | ||||||
19 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3." | ||||||
20 | (c-4) Before the sentencing hearing and as part of the | ||||||
21 | presentence investigation under Section 5-3-1, the court shall | ||||||
22 | inquire of the defendant whether the defendant is currently | ||||||
23 | serving in or is a veteran of the Armed Forces of the United | ||||||
24 | States. If the defendant is currently serving in the Armed | ||||||
25 | Forces of the United States or is a veteran of the Armed Forces | ||||||
26 | of the United States and has been diagnosed as having a mental |
| |||||||
| |||||||
1 | illness by a qualified psychiatrist or clinical psychologist | ||||||
2 | or physician, the court may: | ||||||
3 | (1) order that the officer preparing the presentence | ||||||
4 | report consult with the United States Department of | ||||||
5 | Veterans Affairs, Illinois Department of Veterans | ||||||
6 | Veterans' Affairs, or another agency or person with | ||||||
7 | suitable knowledge or experience for the purpose of | ||||||
8 | providing the court with information regarding treatment | ||||||
9 | options available to the defendant, including federal, | ||||||
10 | State, and local programming; and | ||||||
11 | (2) consider the treatment recommendations of any | ||||||
12 | diagnosing or treating mental health professionals | ||||||
13 | together with the treatment options available to the | ||||||
14 | defendant in imposing sentence. | ||||||
15 | For the purposes of this subsection (c-4), "qualified | ||||||
16 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
17 | to practice medicine in all its branches, who has specialized | ||||||
18 | in the diagnosis and treatment of mental and nervous disorders | ||||||
19 | for a period of not less than 5 years. | ||||||
20 | (c-6) In imposing a sentence, the trial judge shall | ||||||
21 | specify, on the record, the particular evidence and other | ||||||
22 | reasons which led to his or her determination that a motor | ||||||
23 | vehicle was used in the commission of the offense. | ||||||
24 | (c-7) In imposing a sentence for a Class 3 or 4 felony, | ||||||
25 | other than a violent crime as defined in Section 3 of the | ||||||
26 | Rights of Crime Victims and Witnesses Act, the court shall |
| |||||||
| |||||||
1 | determine and indicate in the sentencing order whether the | ||||||
2 | defendant has 4 or more or fewer than 4 months remaining on his | ||||||
3 | or her sentence accounting for time served. | ||||||
4 | (d) When the defendant is committed to the Department of | ||||||
5 | Corrections, the State's Attorney shall and counsel for the | ||||||
6 | defendant may file a statement with the clerk of the court to | ||||||
7 | be transmitted to the department, agency or institution to | ||||||
8 | which the defendant is committed to furnish such department, | ||||||
9 | agency or institution with the facts and circumstances of the | ||||||
10 | offense for which the person was committed together with all | ||||||
11 | other factual information accessible to them in regard to the | ||||||
12 | person prior to his commitment relative to his habits, | ||||||
13 | associates, disposition and reputation and any other facts and | ||||||
14 | circumstances which may aid such department, agency or | ||||||
15 | institution during its custody of such person. The clerk shall | ||||||
16 | within 10 days after receiving any such statements transmit a | ||||||
17 | copy to such department, agency or institution and a copy to | ||||||
18 | the other party, provided, however, that this shall not be | ||||||
19 | cause for delay in conveying the person to the department, | ||||||
20 | agency or institution to which he has been committed. | ||||||
21 | (e) The clerk of the court shall transmit to the | ||||||
22 | department, agency or institution, if any, to which the | ||||||
23 | defendant is committed, the following: | ||||||
24 | (1) the sentence imposed; | ||||||
25 | (2) any statement by the court of the basis for | ||||||
26 | imposing the sentence; |
| |||||||
| |||||||
1 | (3) any presentence reports; | ||||||
2 | (3.3) the person's last known complete street address | ||||||
3 | prior to incarceration or legal residence, the person's | ||||||
4 | race, whether the person is of Hispanic or Latino origin, | ||||||
5 | and whether the person is 18 years of age or older; | ||||||
6 | (3.5) any sex offender evaluations; | ||||||
7 | (3.6) any substance abuse treatment eligibility | ||||||
8 | screening and assessment of the defendant by an agent | ||||||
9 | designated by the State of Illinois to provide assessment | ||||||
10 | services for the Illinois courts; | ||||||
11 | (4) the number of days, if any, which the defendant | ||||||
12 | has been in custody and for which he is entitled to credit | ||||||
13 | against the sentence, which information shall be provided | ||||||
14 | to the clerk by the sheriff; | ||||||
15 | (4.1) any finding of great bodily harm made by the | ||||||
16 | court with respect to an offense enumerated in subsection | ||||||
17 | (c-1); | ||||||
18 | (5) all statements filed under subsection (d) of this | ||||||
19 | Section; | ||||||
20 | (6) any medical or mental health records or summaries | ||||||
21 | of the defendant; | ||||||
22 | (7) the municipality where the arrest of the offender | ||||||
23 | or the commission of the offense has occurred, where such | ||||||
24 | municipality has a population of more than 25,000 persons; | ||||||
25 | (8) all statements made and evidence offered under | ||||||
26 | paragraph (7) of subsection (a) of this Section; and |
| |||||||
| |||||||
1 | (9) all additional matters which the court directs the | ||||||
2 | clerk to transmit. | ||||||
3 | (f) In cases in which the court finds that a motor vehicle | ||||||
4 | was used in the commission of the offense for which the | ||||||
5 | defendant is being sentenced, the clerk of the court shall, | ||||||
6 | within 5 days thereafter, forward a report of such conviction | ||||||
7 | to the Secretary of State. | ||||||
8 | (Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24; | ||||||
9 | 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)
| ||||||
10 | Section 460. The Drug Court Treatment Act is amended by | ||||||
11 | changing Section 30 as follows:
| ||||||
12 | (730 ILCS 166/30) | ||||||
13 | Sec. 30. Mental health and substance use disorder | ||||||
14 | treatment. | ||||||
15 | (a) The drug court program shall maintain a network of | ||||||
16 | substance use disorder treatment programs representing a | ||||||
17 | continuum of graduated substance use disorder treatment | ||||||
18 | options commensurate with the needs of the participant. | ||||||
19 | (b) Any substance use disorder treatment program to which | ||||||
20 | participants are referred must hold a valid license from the | ||||||
21 | Department of Human Services Division of Substance Use | ||||||
22 | Prevention and Recovery, use evidence-based treatment, and | ||||||
23 | deliver all services in accordance with 77 Ill. Adm. Code | ||||||
24 | 2060, including services available through the United States |
| |||||||
| |||||||
1 | Department of Veterans Affairs, the Illinois Department of | ||||||
2 | Veterans Veterans' Affairs, or Veterans Assistance Commission, | ||||||
3 | or an equivalent standard in any other state where treatment | ||||||
4 | may take place. | ||||||
5 | (c) The drug court program may, at its discretion, employ | ||||||
6 | additional services or interventions, as it deems necessary on | ||||||
7 | a case by case basis. | ||||||
8 | (d) The drug court program may maintain or collaborate | ||||||
9 | with a network of mental health treatment programs | ||||||
10 | representing a continuum of treatment options commensurate | ||||||
11 | with the needs of the participant and available resources, | ||||||
12 | including programs with the State and community-based programs | ||||||
13 | supported and sanctioned by the State. Partnerships with | ||||||
14 | providers certified as mental health or behavioral health | ||||||
15 | centers shall be prioritized when possible. | ||||||
16 | (Source: P.A. 102-1041, eff. 6-2-22.)
| ||||||
17 | Section 465. The Veterans and Servicemembers Court | ||||||
18 | Treatment Act is amended by changing Section 10 as follows:
| ||||||
19 | (730 ILCS 167/10) | ||||||
20 | Sec. 10. Definitions. In this Act: | ||||||
21 | "Certification" means the process by which a | ||||||
22 | problem-solving court obtains approval from the Supreme Court | ||||||
23 | to operate in accordance with the Problem-Solving Court | ||||||
24 | Standards. |
| |||||||
| |||||||
1 | "Clinical treatment plan" means an evidence-based, | ||||||
2 | comprehensive, and individualized plan that: (i) is developed | ||||||
3 | by a qualified professional in accordance with the Department | ||||||
4 | of Human Services substance use prevention and recovery rules | ||||||
5 | under 77 Ill. Adm. Code 2060 or an equivalent standard in any | ||||||
6 | state where treatment may take place; and (ii) defines the | ||||||
7 | scope of treatment services to be delivered by a court | ||||||
8 | treatment provider. | ||||||
9 | "Combination Veterans and Servicemembers court program" | ||||||
10 | means a type of problem-solving court that allows an | ||||||
11 | individual to enter a problem-solving court before a plea, | ||||||
12 | conviction, or disposition while also permitting an individual | ||||||
13 | who has admitted guilt, or been found guilty, to enter a | ||||||
14 | problem-solving court as a part of the individual's sentence | ||||||
15 | or disposition. | ||||||
16 | "Community behavioral health center" means a physical site | ||||||
17 | where behavioral healthcare services are provided in | ||||||
18 | accordance with the Community Behavioral Health Center | ||||||
19 | Infrastructure Act. | ||||||
20 | "Community mental health center" means an entity: | ||||||
21 | (1) licensed by the Department of Public Health as a | ||||||
22 | community mental health center in accordance with the | ||||||
23 | conditions of participation for community mental health | ||||||
24 | centers established by the Centers for Medicare and | ||||||
25 | Medicaid Services; and | ||||||
26 | (2) that provides outpatient services, including |
| |||||||
| |||||||
1 | specialized outpatient services, for individuals who are | ||||||
2 | chronically mental ill. | ||||||
3 | "Co-occurring mental health and substance use disorders | ||||||
4 | court program" means a program that includes an individual | ||||||
5 | with co-occurring mental illness and substance use disorder | ||||||
6 | diagnoses and professionals with training and experience in | ||||||
7 | treating individuals with diagnoses of substance use disorder | ||||||
8 | and mental illness. | ||||||
9 | "Court" means veterans and servicemembers court. | ||||||
10 | "IDVA" means the Illinois Department of Veterans Veterans' | ||||||
11 | Affairs. | ||||||
12 | "Peer recovery coach" means a veteran mentor as defined | ||||||
13 | nationally by Justice for Vets and assigned to a veteran or | ||||||
14 | servicemember during participation in a veteran treatment | ||||||
15 | court program who has been approved by the court, and trained | ||||||
16 | according to curriculum recommended by Justice for Vets, a | ||||||
17 | service provider used by the court for substance use disorder | ||||||
18 | or mental health treatment, a local service provider with an | ||||||
19 | established peer recovery coach or mentor program not | ||||||
20 | otherwise used by the court for treatment, or a Certified | ||||||
21 | Recovery Support Specialist certified by the Illinois | ||||||
22 | Certification Board. "Peer recovery coach" includes | ||||||
23 | individuals with lived experiences of the issues the | ||||||
24 | problem-solving court seeks to address, including, but not | ||||||
25 | limited to, substance use disorder, mental illness, and | ||||||
26 | co-occurring disorders or involvement with the criminal |
| |||||||
| |||||||
1 | justice system. "Peer recovery coach" includes individuals | ||||||
2 | required to guide and mentor the participant to successfully | ||||||
3 | complete assigned requirements and to facilitate participants' | ||||||
4 | independence for continued success once the supports of the | ||||||
5 | court are no longer available to them. | ||||||
6 | "Post-adjudicatory veterans and servicemembers court | ||||||
7 | program" means a program that allows a defendant who has | ||||||
8 | admitted guilt or has been found guilty and agrees, with the | ||||||
9 | defendant's consent, and the approval of the court, to enter a | ||||||
10 | veterans and servicemembers court program as part of the | ||||||
11 | defendant's sentence or disposition. | ||||||
12 | "Pre-adjudicatory veterans and servicemembers court | ||||||
13 | program" means a program that allows the defendant, with the | ||||||
14 | defendant's consent and the approval of the court, to enter | ||||||
15 | the Veterans and Servicemembers Court program before plea, | ||||||
16 | conviction, or disposition and requires successful completion | ||||||
17 | of the Veterans and Servicemembers Court programs as part of | ||||||
18 | the agreement. | ||||||
19 | "Problem-Solving Court Standards" means the statewide | ||||||
20 | standards adopted by the Supreme Court that set forth the | ||||||
21 | minimum requirements for the planning, establishment, | ||||||
22 | certification, operation, and evaluation of all | ||||||
23 | problem-solving courts in this State. | ||||||
24 | "Servicemember" means a person who is currently serving in | ||||||
25 | the Army, Air Force, Marines, Navy, or Coast Guard on active | ||||||
26 | duty, reserve status or in the National Guard. |
| |||||||
| |||||||
1 | "VA" means the United States Department of Veterans | ||||||
2 | Veterans' Affairs. | ||||||
3 | "VAC" means a veterans assistance commission. | ||||||
4 | "Validated clinical assessment" means a validated | ||||||
5 | assessment tool administered by a qualified clinician to | ||||||
6 | determine the treatment needs of participants. "Validated | ||||||
7 | clinical assessment" includes assessment tools required by | ||||||
8 | public or private insurance. | ||||||
9 | "Veteran" means a person who previously served as an | ||||||
10 | active servicemember. | ||||||
11 | "Veterans and servicemembers court professional" means a | ||||||
12 | member of the veterans and servicemembers court team, | ||||||
13 | including, but not limited to, a judge, prosecutor, defense | ||||||
14 | attorney, probation officer, coordinator, treatment provider. | ||||||
15 | "Veterans and servicemembers court", "veterans and | ||||||
16 | servicemembers court program", "court", or "program" means a | ||||||
17 | specially designated court, court calendar, or docket | ||||||
18 | facilitating intensive therapeutic treatment to monitor and | ||||||
19 | assist veteran or servicemember participants with substance | ||||||
20 | use disorder, mental illness, co-occurring disorders, or other | ||||||
21 | assessed treatment needs of eligible veteran and servicemember | ||||||
22 | participants and in making positive lifestyle changes and | ||||||
23 | reducing the rate of recidivism. Veterans and servicemembers | ||||||
24 | court programs are nonadversarial in nature and bring together | ||||||
25 | substance use disorder professionals, mental health | ||||||
26 | professionals, VA professionals, local social programs, and |
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| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | intensive judicial monitoring in accordance with the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | nationally recommended 10 key components of veterans treatment | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | courts and the Problem-Solving Court Standards. Common | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | features of a veterans and servicemembers court program | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | include, but are not limited to, a designated judge and staff; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | specialized intake and screening procedures; coordinated | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | treatment procedures administered by a trained, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | multidisciplinary professional team; close evaluation of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | participants, including continued assessments and modification | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | of the court requirements and use of sanctions, incentives, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | and therapeutic adjustments to address behavior; frequent | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | judicial interaction with participants; less formal court | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | process and procedures; voluntary participation; and a low | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | treatment staff-to-client ratio. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (Source: P.A. 102-1041, eff. 6-2-22.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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