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HB2547 Enrolled LRB104 09526 KTG 19589 b
1 AN ACT concerning the Illinois Department of Veterans
2 Affairs.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Employee Indemnification Act is
6 amended by changing Sections 1 and 2 as follows:
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.)
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:
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.)
11 Section 15. The Flag Display Act is amended by changing
12 Section 10 as follows:
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.)
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:
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
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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
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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
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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
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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.)
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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
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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
HB2547 Enrolled - 24 - LRB104 09526 KTG 19589 b
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
HB2547 Enrolled - 25 - LRB104 09526 KTG 19589 b
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
HB2547 Enrolled - 26 - LRB104 09526 KTG 19589 b
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
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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.
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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
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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
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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
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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
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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:
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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.
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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.
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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
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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.
HB2547 Enrolled - 37 - LRB104 09526 KTG 19589 b
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 4.04a and 8.10 as follows:
4 (20 ILCS 105/4.04a)
5 Sec. 4.04a. Illinois Long-Term Care Council.
6 (a) Purpose. The purpose of this Section is to ensure that
7 consumers over the age of 60 residing in facilities licensed
8 or regulated under the Nursing Home Care Act, Skilled Nursing
9 and Intermediate Care Facilities Code, Sheltered Care
10 Facilities Code, and the Illinois Veterans' Homes Code receive
11 high quality long-term care through an effective Illinois
12 Long-Term Care Council.
13 (b) Maintenance and operation of the Illinois Long-Term
14 Care Council.
15 (1) The Department shall develop a fair and impartial
16 process for recruiting and receiving nominations for
17 members for the Illinois Long-Term Care Council from the
18 State Long-Term Care Ombudsman, the area agencies on
19 aging, regional ombudsman programs, provider agencies, and
20 other public agencies, using a nomination form provided by
21 the Department.
22 (2) The Department shall appoint members to the
23 Illinois Long-Term Care Council in a timely manner.
24 (3) The Department shall consider and act in good
HB2547 Enrolled - 38 - LRB104 09526 KTG 19589 b
1 faith regarding the Illinois Long-Term Care Council's
2 annual report and its recommendations.
3 (4) The Director shall appoint to the Illinois
4 Long-Term Care Council at least 18 but not more than 25
5 members.
6 (c) Responsibilities of the State Long-Term Care
7 Ombudsman, area agencies on aging, regional long-term care
8 ombudsman programs, and provider agencies. The State Long-Term
9 Care Ombudsman and each area agency on aging, regional
10 long-term care ombudsman program, and provider agency shall
11 solicit names and recommend members to the Department for
12 appointment to the Illinois Long-Term Care Council.
13 (d) Powers and duties. The Illinois Long-Term Care Council
14 shall do the following:
15 (1) Make recommendations and comment on issues
16 pertaining to long-term care and the State Long-Term Care
17 Ombudsman Program to the Department.
18 (2) Advise the Department on matters pertaining to the
19 quality of life and quality of care in the continuum of
20 long-term care.
21 (3) Evaluate, comment on reports regarding, and make
22 recommendations on, the quality of life and quality of
23 care in long-term care facilities and on the duties and
24 responsibilities of the State Long-Term Care Ombudsman
25 Program.
26 (4) Prepare and circulate an annual report to the
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1 Governor, the General Assembly, and other interested
2 parties concerning the duties and accomplishments of the
3 Illinois Long-Term Care Council and all other related
4 matters pertaining to long-term care and the protection of
5 residents' rights.
6 (5) Provide an opportunity for public input at each
7 scheduled meeting.
8 (6) Make recommendations to the Director, upon his or
9 her request, as to individuals who are capable of serving
10 as the State Long-Term Care Ombudsman and who should make
11 appropriate application for that position should it become
12 vacant.
13 (e) Composition and operation. The Illinois Long-Term Care
14 Council shall be composed of at least 18 but not more than 25
15 members concerned about the quality of life in long-term care
16 facilities and protecting the rights of residents, including
17 members from long-term care facilities. The State Long-Term
18 Care Ombudsman shall be a permanent member of the Long-Term
19 Care Council. Members shall be appointed for a 4-year term
20 with initial appointments staggered with 2-year, 3-year, and
21 4-year terms. A lottery will determine the terms of office for
22 the members of the first term. Members may be reappointed to a
23 term but no member may be reappointed to more than 2
24 consecutive terms. The Illinois Long-Term Care Council shall
25 meet a minimum of 3 times per calendar year.
26 (f) Member requirements. All members shall be individuals
HB2547 Enrolled - 40 - LRB104 09526 KTG 19589 b
1 who have demonstrated concern about the quality of life in
2 long-term care facilities. A minimum of 3 members must be
3 current or former residents of long-term care facilities or
4 the family member of a current or former resident of a
5 long-term care facility. A minimum of 2 members shall
6 represent current or former long-term care facility resident
7 councils or family councils. A minimum of 4 members shall be
8 selected from recommendations by organizations whose members
9 consist of long-term care facilities. A representative of
10 long-term care facility employees must also be included as a
11 member. A minimum of 2 members shall be selected from
12 recommendations of membership-based senior advocacy groups or
13 consumer organizations that engage solely in legal
14 representation on behalf of residents and immediate families.
15 There shall be non-voting State agency members on the
16 Long-Term Care Council from the following agencies: (i) the
17 Department of Veterans Veterans' Affairs; (ii) the Department
18 of Human Services; (iii) the Department of Public Health; (iv)
19 the Department on Aging; (v) the Department of Healthcare and
20 Family Services; (vi) the Office of the Attorney General
21 Medicaid Fraud Control Unit; and (vii) others as appropriate.
22 (Source: P.A. 103-145, eff. 10-1-23.)
23 (20 ILCS 105/8.10)
24 (Section scheduled to be repealed on May 16, 2026)
25 Sec. 8.10. The Illinois Commission on LGBTQ Aging.
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1 (a) Commission purpose. The Commission is created to
2 investigate, analyze, and study the health, housing,
3 financial, psychosocial, home-and-community-based services,
4 assisted living, and long-term care needs of LGBTQ older
5 adults and their caregivers. The Commission shall make
6 recommendations to improve access to benefits, services, and
7 supports for LGBTQ older adults and their caregivers. The
8 Commission, in formulating its recommendations, shall take
9 into account the best policies and practices in other states
10 and jurisdictions. Specifically, the Commission shall:
11 (1) Examine the impact of State and local laws,
12 policies, and regulations on LGBTQ older adults and make
13 recommendations to ensure equitable access, treatment,
14 care and benefits, and overall quality of life.
15 (2) Examine best practices for increasing access,
16 reducing isolation, preventing abuse and exploitation,
17 promoting independence and self-determination,
18 strengthening caregiving, eliminating disparities, and
19 improving overall quality of life for LGBTQ older adults.
20 (3) Examine the impact of race, ethnicity, sex
21 assigned at birth, socioeconomic status, disability,
22 sexual orientation, gender identity, and other
23 characteristics on access to services for LGBTQ older
24 adults and make recommendations to ensure equitable
25 access, treatment, care, and benefits and overall quality
26 of life.
HB2547 Enrolled - 42 - LRB104 09526 KTG 19589 b
1 (4) Examine the experiences and needs of LGBTQ older
2 adults living with HIV/AIDS and make recommendations to
3 ensure equitable access, treatment, care, benefits, and
4 overall quality of life.
5 (5) Examine strategies to increase provider awareness
6 of the needs of LGBTQ older adults and their caregivers
7 and to improve the competence of and access to treatment,
8 services, and ongoing care, including preventive care.
9 (6) Examine the feasibility of developing statewide
10 training curricula to improve provider competency in the
11 delivery of culturally responsive health, housing, and
12 long-term support services to LGBTQ older adults and their
13 caregivers.
14 (7) Assess the funding and programming needed to
15 enhance services to the growing population of LGBTQ older
16 adults.
17 (8) Examine whether certain policies and practices, or
18 the absence thereof, promote the premature admission of
19 LGBTQ older adults to institutional care, and examine
20 whether potential cost-savings exist for LGBTQ older
21 adults as a result of providing lower cost and culturally
22 responsive home and community-based alternatives to
23 institutional care.
24 (9) Examine outreach protocols to reduce apprehension
25 among LGBTQ older adults and caregivers of utilizing
26 mainstream providers.
HB2547 Enrolled - 43 - LRB104 09526 KTG 19589 b
1 (10) Evaluate the implementation status of Public Act
2 101-325.
3 (11) Evaluate the implementation status of Public Act
4 102-543, examine statewide strategies for the collection
5 of sexual orientation and gender identity data and the
6 impact of these strategies on the provision of services to
7 LGBTQ older adults, and conduct a statewide survey
8 designed to approximate the number of LGBTQ older adults
9 in the State and collect demographic information (if
10 resources allow for the implementation of a survey
11 instrument).
12 (b) Commission members.
13 (1) The Commission shall include at least all of the
14 following persons who must be appointed by the Governor
15 within 60 days after the effective date of this amendatory
16 Act of the 102nd General Assembly:
17 (A) one member from a statewide organization that
18 advocates for older adults;
19 (B) one member from a national organization that
20 advocates for LGBTQ older adults;
21 (C) one member from a community-based, multi-site
22 healthcare organization founded to serve LGBTQ people;
23 (D) the director of senior services from a
24 community center serving LGBTQ people, or the
25 director's designee;
26 (E) one member from an HIV/AIDS service
HB2547 Enrolled - 44 - LRB104 09526 KTG 19589 b
1 organization;
2 (F) one member from an organization that is a
3 project incubator and think tank that is focused on
4 action that leads to improved outcomes and
5 opportunities for LGBTQ communities;
6 (G) one member from a labor organization that
7 provides care and services for older adults in
8 long-term care facilities;
9 (H) one member from a statewide association
10 representing long-term care facilities;
11 (I) 5 members from organizations that serve Black,
12 Asian-American, Pacific Islander, Indigenous, or
13 Latinx LGBTQ people;
14 (J) one member from a statewide organization for
15 people with disabilities; and
16 (K) 10 LGBTQ older adults, including at least:
17 (i) 3 members who are transgender or
18 gender-expansive individuals;
19 (ii) 2 members who are older adults living
20 with HIV;
21 (iii) one member who is Two-Spirit;
22 (iv) one member who is an African-American or
23 Black individual;
24 (v) one member who is a Latinx individual;
25 (vi) one member who is an Asian-American or
26 Pacific Islander individual; and
HB2547 Enrolled - 45 - LRB104 09526 KTG 19589 b
1 (vii) one member who is an ethnically diverse
2 individual.
3 (2) The following State agencies shall each designate
4 one representative to serve as an ex officio member of the
5 Commission: the Department, the Department of Public
6 Health, the Department of Human Services, the Department
7 of Healthcare and Family Services, and the Department of
8 Veterans Veterans' Affairs.
9 (3) Appointing authorities shall ensure, to the
10 maximum extent practicable, that the Commission is diverse
11 with respect to race, ethnicity, age, sexual orientation,
12 gender identity, gender expression, and geography.
13 (4) Members of the Commission shall serve until this
14 Section is repealed. Members shall continue to serve until
15 their successors are appointed. Any vacancy shall be
16 filled by the appointing authority. Any vacancy occurring
17 other than by the dissolution of the Commission shall be
18 filled for the balance of the unexpired term. Members of
19 the Commission shall serve without compensation but shall
20 be reimbursed for expenses necessarily incurred in the
21 performance of their duties.
22 (c) Commission organization. The Commission shall provide
23 for its organization and procedure, including selection of the
24 chairperson and vice-chairperson. A majority of the Commission
25 shall constitute a quorum for the transaction of business.
26 Administrative and other support for the Commission shall be
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1 provided by the Department. Any State agency under the
2 jurisdiction of the Governor shall provide testimony and
3 information as directed by the Commission.
4 (d) Meetings and reports. The Commission shall:
5 (1) Hold at least one public meeting per quarter.
6 Public meetings may be virtually conducted.
7 (2) Prepare and submit an annual report to the
8 Governor, the Illinois General Assembly, the Director, and
9 the Illinois Council on Aging that details the progress
10 made toward achieving the Commission's stated objectives
11 and that contains findings and recommendations, including
12 any recommended legislation. The annual report shall be
13 made available to the public on the Department's publicly
14 accessible website.
15 (3) Submit, by no later than March 30, 2026, a final
16 report in the same manner as an annual report, detailing
17 the work the Commission has done since its inception and
18 providing the findings and recommendations, including any
19 recommended legislation. The final report shall be made
20 available to the public on the Department's publicly
21 accessible website.
22 The Department and Commission may collaborate with an
23 institution of higher education in Illinois to compile the
24 reports required under this Section.
25 (e) This Section is repealed May 16, 2026.
26 (Source: P.A. 102-885, eff. 5-16-22; 103-1059, eff. 12-20-24.)
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1 Section 65. The Department of Natural Resources
2 (Conservation) Law of the Civil Administrative Code of
3 Illinois is amended by changing Section 805-305 as follows:
4 (20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
5 Sec. 805-305. Campsites and housing facilities.
6 (a) The Department has the power to provide facilities for
7 overnight tent and trailer campsites and to provide suitable
8 housing facilities for student and juvenile overnight camping
9 groups. The Department of Natural Resources may regulate, by
10 administrative order, the fees to be charged for tent and
11 trailer camping units at individual park areas based upon the
12 facilities available.
13 (b) However, for campsites with access to showers or
14 electricity, any Illinois resident who is age 62 or older or
15 has a Class 2 disability as defined in Section 4A of the
16 Illinois Identification Card Act shall be charged only
17 one-half of the camping fee charged to the general public
18 during the period Monday through Thursday of any week and
19 shall be charged the same camping fee as the general public on
20 all other days. For campsites without access to showers or
21 electricity, no camping fee authorized by this Section shall
22 be charged to any resident of Illinois who has a Class 2
23 disability as defined in Section 4A of the Illinois
24 Identification Card Act. For campsites without access to
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1 showers or electricity, no camping fee authorized by this
2 Section shall be charged to any resident of Illinois who is age
3 62 or older for the use of a campsite unit during the period
4 Monday through Thursday of any week. No camping fee authorized
5 by this Section shall be charged to any resident of Illinois
6 who is a veteran with a disability or a former prisoner of war,
7 as defined in Section 5 of the Department of Veterans
8 Veterans' Affairs Act. No camping fee authorized by this
9 Section shall be charged to any resident of Illinois after
10 returning from service abroad or mobilization by the President
11 of the United States as an active duty member of the United
12 States Armed Forces, the Illinois National Guard, or the
13 Reserves of the United States Armed Forces for the amount of
14 time that the active duty member spent in service abroad or
15 mobilized if the person applies for a pass with the Department
16 within 2 years after returning and provides acceptable
17 verification of service or mobilization to the Department. Any
18 portion of a year that the active duty member spent in service
19 abroad or mobilized shall count as a full year. The procedure
20 by which a person may provide to the Department verification
21 of service abroad or mobilization by the President of the
22 United States shall be set by administrative rule.
23 Nonresidents shall be charged the same fees as are authorized
24 for the general public regardless of age. The Department shall
25 provide by regulation for suitable proof of age, or either a
26 valid driver's license or a "Golden Age Passport" issued by
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1 the federal government shall be acceptable as proof of age.
2 The Department shall further provide by regulation that notice
3 of these reduced admission fees be posted in a conspicuous
4 place and manner.
5 Reduced fees authorized in this Section shall not apply to
6 any charge for utility service.
7 For the purposes of this Section, "acceptable verification
8 of service or mobilization" means official documentation from
9 the Department of Defense or the appropriate Major Command
10 showing mobilization dates or service abroad dates, including:
11 (i) a DD-214, (ii) a letter from the Illinois Department of
12 Military Affairs for members of the Illinois National Guard,
13 (iii) a letter from the Regional Reserve Command for members
14 of the Armed Forces Reserve, (iv) a letter from the Major
15 Command covering Illinois for active duty members, (v)
16 personnel records for mobilized State employees, and (vi) any
17 other documentation that the Department, by administrative
18 rule, deems acceptable to establish dates of mobilization or
19 service abroad.
20 For the purposes of this Section, the term "service
21 abroad" means active duty service outside of the 50 United
22 States and the District of Columbia, and includes all active
23 duty service in territories and possessions of the United
24 States.
25 (c) To promote State campground use and Illinois State
26 Fair attendance, the Department shall waive the camping fees
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1 for up to 2 nights of camping at Jim Edgar Panther Creek State
2 Fish and Wildlife Area, Sangchris Lake State Park, or
3 Lincoln's New Salem State Historic Site during the period from
4 August 11, 2024 to August 15, 2024 for a camper who:
5 (1) is 18 years of age or older;
6 (2) provides proof of having purchased, between June
7 26, 2024 and July 3, 2024, a season admission ticket
8 booklet from the Department of Agriculture for entry into
9 the 2024 Illinois State Fair in Springfield; and
10 (3) requests the camping fee waiver in person at the
11 time of permit issuance at the State campground.
12 The waivers under this subsection (c) shall be granted on
13 a first-come, first-served basis for a maximum of 40 sites at
14 each of the 3 identified State campgrounds. Fees for utility
15 service are not subject to waiver. Waivers under this
16 subsection (c) are limited to one per camper.
17 (Source: P.A. 102-780, eff. 5-13-22; 103-588, eff. 6-5-24.)
18 Section 70. The Department of Human Services Act is
19 amended by changing Section 1-80 as follows:
20 (20 ILCS 1305/1-80)
21 Sec. 1-80. Homeless services and supportive housing;
22 veterans data. The Department's Bureau of Homeless Services
23 and Supportive Housing within the Office of Family Support
24 Services shall annually review and collect data on the number
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1 of military veterans receiving services or benefits under the
2 Emergency and Transitional Housing Program, the Emergency Food
3 Program, the Homeless Prevention Program, the Supporting
4 Housing Program, and the Prince Home at Manteno administered
5 by the Department of Veterans Veterans' Affairs. The Bureau
6 may request and receive the cooperation of the Department of
7 Veterans Veterans' Affairs and any other State agency that is
8 relevant to the collection of the data required under this
9 Section. The Bureau shall annually submit to the General
10 Assembly a written report that details the number of military
11 veterans served under each program no later than December 31,
12 2023 and every December 31 thereafter.
13 (Source: P.A. 102-961, eff. 1-1-23; 103-154, eff. 6-30-23.)
14 Section 75. The Illinois Lottery Law is amended by
15 changing Section 21.6 as follows:
16 (20 ILCS 1605/21.6)
17 Sec. 21.6. Scratch-off for Illinois veterans.
18 (a) The Department shall offer a special instant
19 scratch-off game for the benefit of Illinois veterans. The
20 game shall commence on January 1, 2006 or as soon thereafter,
21 at the discretion of the Director, as is reasonably practical.
22 The operation of the game shall be governed by this Act and any
23 rules adopted by the Department.
24 (b) The Illinois Veterans Assistance Fund is created as a
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1 special fund in the State treasury. The net revenue from the
2 Illinois veterans scratch-off game shall be deposited into the
3 Fund for appropriation by the General Assembly solely to the
4 Department of Veterans Veterans' Affairs for making grants,
5 funding additional services, or conducting additional research
6 projects relating to each of the following:
7 (i) veterans' behavioral health services;
8 (ii) veterans' homelessness;
9 (iii) the health insurance costs of veterans;
10 (iv) veterans' disability benefits, including but not
11 limited to, disability benefits provided by veterans
12 service organizations and veterans assistance commissions
13 or centers;
14 (v) the long-term care of veterans; provided that,
15 beginning with moneys appropriated for fiscal year 2008,
16 no more than 20% of such moneys shall be used for health
17 insurance costs;
18 (vi) veteran employment and employment training; and
19 (vii) veterans' emergency financial assistance,
20 including, but not limited to, past due utilities,
21 housing, and transportation costs.
22 In order to expend moneys from this special fund,
23 beginning with moneys appropriated for fiscal year 2008, the
24 Director of Veterans Veterans' Affairs shall appoint a
25 3-member funding authorization committee. The Director shall
26 designate one of the members as chairperson. The committee
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1 shall meet on a quarterly basis, at a minimum, and shall
2 authorize expenditure of moneys from the special fund by a
3 two-thirds vote. Decisions of the committee shall not take
4 effect unless and until approved by the Director of Veterans
5 Veterans' Affairs. Each member of the committee shall serve
6 until a replacement is named by the Director of Veterans
7 Veterans' Affairs. One member of the committee shall be a
8 member of the Veterans' Advisory Council.
9 Moneys collected from the special instant scratch-off game
10 shall be used only as a supplemental financial resource and
11 shall not supplant existing moneys that the Department of
12 Veterans Veterans' Affairs may currently expend for the
13 purposes set forth in items (i) through (v).
14 Moneys received for the purposes of this Section,
15 including, without limitation, net revenue from the special
16 instant scratch-off game and from gifts, grants, and awards
17 from any public or private entity, must be deposited into the
18 Fund. Any interest earned on moneys in the Fund must be
19 deposited into the Fund.
20 As used in this subsection, "net revenue" means the total
21 amount for which tickets have been sold less the sum of the
22 amount paid out in the prizes and to retailers, and direct and
23 estimated administrative expenses of the Department solely
24 related to the scratch-off game under this Section.
25 (c) During the time that tickets are sold for the Illinois
26 veterans scratch-off game, the Department shall not
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1 unreasonably diminish the efforts devoted to marketing any
2 other instant scratch-off lottery game.
3 (d) The Department may adopt any rules necessary to
4 implement and administer the provisions of this Section.
5 (Source: P.A. 102-948, eff. 1-1-23; 103-381, eff. 7-28-23.)
6 Section 80. The Department of Public Health Powers and
7 Duties Law of the Civil Administrative Code of Illinois is
8 amended by changing Section 2310-376 as follows:
9 (20 ILCS 2310/2310-376)
10 Sec. 2310-376. Hepatitis education and outreach.
11 (a) The Illinois General Assembly finds and declares the
12 following:
13 (1) The World Health Organization characterizes
14 hepatitis as a disease of primary concern to humanity.
15 (2) Hepatitis is considered a silent killer; no
16 recognizable signs or symptoms occur until severe liver
17 damage has occurred.
18 (3) Studies indicate that nearly 4 million Americans
19 (1.8 percent of the population) carry the virus HCV that
20 causes the disease.
21 (4) 30,000 acute new infections occur each year in the
22 United States, and only 25 to 30 percent are diagnosed.
23 (5) 8,000 to 10,000 Americans die from the disease
24 each year.
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1 (6) 200,000 Illinois residents may be carriers and
2 could develop the debilitating and potentially deadly
3 liver disease.
4 (7) Inmates of correctional facilities have a higher
5 incidence of hepatitis and, upon their release, present a
6 significant health risk to the general population.
7 (8) Illinois members of the armed services are subject
8 to an increased risk of contracting hepatitis due to their
9 possible receipt of contaminated blood during a
10 transfusion occurring for the treatment of wounds and due
11 to their service in areas of the World where the disease is
12 more prevalent and healthcare is less capable of detecting
13 and treating the disease. Many of these service members
14 are unaware of the danger of hepatitis and their increased
15 risk of contracting the disease.
16 (b) Subject to appropriation, the Department shall conduct
17 an education and outreach campaign, in addition to its overall
18 effort to prevent infectious disease in Illinois, in order to
19 raise awareness about and promote prevention of hepatitis.
20 (c) Subject to appropriation, in addition to the education
21 and outreach campaign provided in subsection (b), the
22 Department shall develop and make available to physicians,
23 other health care providers, members of the armed services,
24 and other persons subject to an increased risk of contracting
25 hepatitis, educational materials, in written and electronic
26 forms, on the diagnosis, treatment, and prevention of the
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1 disease. These materials shall include the recommendations of
2 the federal Centers for Disease Control and Prevention and any
3 other persons or entities determined by the Department to have
4 particular expertise on hepatitis, including the American
5 Liver Foundation. These materials shall be written in terms
6 that are understandable by members of the general public.
7 (d) The Department shall establish an Advisory Council on
8 Hepatitis to develop a hepatitis prevention plan. The
9 Department shall specify the membership, members' terms,
10 provisions for removal of members, chairmen, and purpose of
11 the Advisory Council. The Advisory Council shall consist of
12 one representative from each of the following State agencies
13 or offices, appointed by the head of each agency or office:
14 (1) The Department of Public Health.
15 (2) The Department of Public Aid.
16 (3) The Department of Corrections.
17 (4) The Department of Veterans Veterans' Affairs.
18 (5) The Department on Aging.
19 (6) The Department of Human Services.
20 (7) The Illinois State Police.
21 (8) The office of the State Fire Marshal.
22 The Director shall appoint representatives of
23 organizations and advocates in the State of Illinois,
24 including, but not limited to, the American Liver Foundation.
25 The Director shall also appoint interested members of the
26 public, including consumers and providers of health services
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1 and representatives of local public health agencies, to
2 provide recommendations and information to the members of the
3 Advisory Council. Members of the Advisory Council shall serve
4 on a voluntary, unpaid basis and are not entitled to
5 reimbursement for mileage or other costs they incur in
6 connection with performing their duties.
7 (Source: P.A. 102-538, eff. 8-20-21.)
8 Section 85. The Department of Veterans' Affairs Act is
9 amended by changing the title of the Act and Sections 0.01, 1,
10 1.5, 2.01c, 2.04, 2.10, 5, 15, 37, and 39 as follows:
11 (20 ILCS 2805/Act title)
12 An Act creating the Illinois Department of Veterans
13 Affairs (formerly the Illinois Department of Veterans'
14 Affairs).
15 (20 ILCS 2805/0.01) (from Ch. 126 1/2, par. 65.9)
16 Sec. 0.01. Short title. This Act may be cited as the
17 Department of Veterans Affairs Act (formerly the Department of
18 Veterans' Affairs Act).
19 (Source: P.A. 100-143, eff. 1-1-18.)
20 (20 ILCS 2805/1) (from Ch. 126 1/2, par. 66)
21 Sec. 1. There is created the Illinois Department of
22 Veterans Affairs (formerly the Illinois Department of
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1 Veterans' Affairs). The Department is the successor agency to
2 the Illinois Veterans' Commission.
3 (Source: P.A. 89-324, eff. 8-13-95.)
4 (20 ILCS 2805/1.5)
5 Sec. 1.5. Definitions. In this Act:
6 "Department" means the Illinois Department of Veterans
7 Veterans' Affairs.
8 "Veterans Home", unless the context indicates otherwise,
9 means any or all of the Illinois Veterans Homes operated and
10 maintained by the Department. "Veterans Home" includes a
11 facility operated and maintained by the Department in the City
12 of Quincy that provides housing to residents of the Veterans
13 Home at Quincy.
14 (Source: P.A. 100-608, eff. 1-1-19.)
15 (20 ILCS 2805/2.01c)
16 Sec. 2.01c. Veterans Home; notice of infectious disease.
17 (a) As used in this Section, "infectious disease" means
18 any disease caused by a living organism or other pathogen,
19 including a fungus, bacteria, parasite, protozoan, prion, or
20 virus, that has a history of or potential for a significant
21 mortality rate among elderly or vulnerable populations,
22 including, but not limited to, strains of influenza,
23 Legionnaires' disease, and pneumonia.
24 (b) If a Veterans Home administrator or a member of the
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1 administrative staff is notified that, within one month or
2 less, 2 or more persons residing within the Veterans Home are
3 diagnosed with an infectious disease by a physician licensed
4 to practice medicine in all its branches; a hospital licensed
5 under the Hospital Licensing Act or organized under the
6 University of Illinois Hospital Act; a long-term care facility
7 licensed under the Nursing Home Care Act; a freestanding
8 emergency center licensed under the Emergency Medical Services
9 (EMS) Systems Act; a local health department; or any other
10 State agency or government entity, then, within 24 hours after
11 the facility is notified of the second diagnosis, the Veterans
12 Home must:
13 (1) provide a written notification of the incidence of
14 the infectious disease to each resident of the facility
15 and the resident's emergency contact or next of kin;
16 (2) post a notification of the incidence of the
17 infectious disease in a conspicuous place near the main
18 entrance to the Veterans Home; and
19 (3) provide a written notification to the Department
20 of Veterans Veterans' Affairs and the Department of Public
21 Health of the incidence of the infectious disease and of
22 compliance with the written notification requirements of
23 paragraph (1).
24 In addition to the initial written notifications, the Veterans
25 Home must provide written notifications of any updates on the
26 incidence of the infectious disease and any options that are
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1 available to the residents.
2 The Department of Veterans Veterans' Affairs and the
3 Department of Public Health must post the notification of the
4 incidence of the infectious disease, any updates, and any
5 options that are available to the residents on their websites
6 as soon as practicable after receiving the notification, but
7 in no event shall the notice be posted later than the end of
8 the next business day.
9 (Source: P.A. 100-632, eff. 7-27-18.)
10 (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
11 Sec. 2.04. There shall be established in the State
12 Treasury special funds known as (i) the LaSalle Veterans Home
13 Fund, (ii) the Anna Veterans Home Fund, (iii) the Manteno
14 Veterans Home Fund, and (iv) the Quincy Veterans Home Fund.
15 All moneys received by an Illinois Veterans Home from Medicare
16 and from maintenance charges to veterans, spouses, and
17 surviving spouses residing at that Home shall be paid into
18 that Home's Fund. All moneys received from the U.S. Department
19 of Veterans Affairs for patient care shall be transmitted to
20 the Treasurer of the State for deposit in the Veterans Home
21 Fund for the Home in which the veteran resides. Appropriations
22 shall be made from a Fund only for the needs of the Home,
23 including capital improvements, building rehabilitation, and
24 repairs. The Illinois Veterans' Homes Fund shall be the
25 Veterans Home Fund for the Illinois Veterans Home at Chicago.
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1 The administrator of each Veterans Home shall establish a
2 locally held member's benefits fund. The Director may
3 authorize the Veterans Home to conduct limited fundraising in
4 accordance with applicable laws and regulations for which the
5 sole purpose is to benefit the Veterans Home's member's
6 benefits fund. Revenues accruing to an Illinois Veterans Home,
7 including any donations, grants for the operation of the Home,
8 profits from commissary stores, and funds received from any
9 individual or other source, including limited fundraising,
10 shall be deposited into that Home's benefits fund.
11 Expenditures from the benefits funds shall be solely for the
12 special comfort, pleasure, and amusement of residents.
13 Contributors of unsolicited private donations may specify the
14 purpose for which the private donations are to be used.
15 Upon request of the Department, the State's Attorney of
16 the county in which a resident or living former resident of an
17 Illinois Veterans Home who is liable under this Act for
18 payment of sums representing maintenance charges resides shall
19 file an action in a court of competent jurisdiction against
20 any such person who fails or refuses to pay such sums. The
21 court may order the payment of sums due to maintenance charges
22 for such period or periods of time as the circumstances
23 require.
24 Upon the death of a person who is or has been a resident of
25 an Illinois Veterans Home who is liable for maintenance
26 charges and who is possessed of property, the Department may
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1 present a claim for such sum or for the balance due in case
2 less than the rate prescribed under this Act has been paid. The
3 claim shall be allowed and paid as other lawful claims against
4 the estate.
5 The administrator of each Veterans Home shall establish a
6 locally held trust fund to maintain moneys held for residents.
7 Whenever the Department finds it necessary to preserve order,
8 preserve health, or enforce discipline, the resident shall
9 deposit in a trust account at the Home such monies from any
10 source of income as may be determined necessary, and
11 disbursement of these funds to the resident shall be made only
12 by direction of the administrator.
13 If a resident of an Illinois Veterans Home has a dependent
14 child, spouse, or parent the administrator may require that
15 all monies received be deposited in a trust account with
16 dependency contributions being made at the direction of the
17 administrator. The balance retained in the trust account shall
18 be disbursed to the resident at the time of discharge from the
19 Home or to his or her heirs or legal representative at the time
20 of the resident's death, subject to Department regulations or
21 order of the court.
22 The Director of Central Management Services, with the
23 consent of the Director of Veterans Veterans' Affairs, is
24 authorized and empowered to lease or let any real property
25 held by the Department of Veterans Veterans' Affairs for an
26 Illinois Veterans Home to entities or persons upon terms and
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1 conditions which are considered to be in the best interest of
2 that Home. The real property must not be needed for any direct
3 or immediate purpose of the Home. In any leasing or letting,
4 primary consideration shall be given to the use of real
5 property for agricultural purposes, and all moneys received
6 shall be transmitted to the Treasurer of the State for deposit
7 in the appropriate Veterans Home Fund.
8 Each administrator of an Illinois Veterans Home who has an
9 established locally held member's benefits fund shall prepare
10 and submit to the Department a monthly report of all donations
11 received, including donations of a nonmonetary nature. The
12 report shall include the end of month balance of the locally
13 held member's benefits fund.
14 (Source: P.A. 102-549, eff. 1-1-22; 102-813, eff. 5-13-22.)
15 (20 ILCS 2805/2.10)
16 Sec. 2.10. Conflicts with the Nursing Home Care Act. If
17 there is a conflict between the provisions of this Act and the
18 provisions of the Nursing Home Care Act concerning an Illinois
19 Veterans Home not operated by the Department of Veterans
20 Veterans' Affairs, then the provisions of the Nursing Home
21 Care Act shall apply. If there is a conflict between the
22 provisions of this Act and the provisions of the Nursing Home
23 Care Act concerning an Illinois Veterans Home operated by the
24 Illinois Department of Veterans Veterans' Affairs, then the
25 provisions of this Act shall apply.
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1 (Source: P.A. 96-703, eff. 8-25-09.)
2 (20 ILCS 2805/5) (from Ch. 126 1/2, par. 70)
3 Sec. 5. (a) Every veteran with a disability who is a
4 resident of Illinois shall be exempt from all camping and
5 admission fees in parks under the control of the Department of
6 Natural Resources. For the purpose of this subsection (a), a
7 resident veteran with a disability is one who has a permanent
8 disability from service connected causes with 100% disability
9 or one who has permanently lost the use of a leg or both legs
10 or an arm or both arms or any combination thereof or any person
11 who has a disability so severe as to be unable to move without
12 the aid of crutches or a wheelchair. The Department shall
13 issue free use permits to those eligible veterans. To
14 establish eligibility, the veteran shall present an award
15 letter or some other identifying disability document, together
16 with proper identification, to any office of the Department.
17 Subject to the approval of the Department of Natural
18 Resources, the Department of Veterans Veterans' Affairs shall
19 establish the form or permit identifier to be issued.
20 (b) Every veteran who is a resident of Illinois and a
21 former prisoner of war shall be exempt from all camping and
22 admission fees in parks under the control of the Department of
23 Natural Resources. For the purposes of this subsection (b), a
24 former prisoner of war is a veteran who was taken and held
25 prisoner by a hostile foreign force while participating in an
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1 armed conflict as a member of the United States armed forces.
2 Any identification card or other form of identification issued
3 by the Veterans' Administration or other governmental agency
4 which indicates the card-holder's former prisoner of war
5 status shall be sufficient to accord such card-holder the
6 fee-exempt admission or camping privileges under this
7 subsection.
8 (Source: P.A. 99-143, eff. 7-27-15.)
9 (20 ILCS 2805/15)
10 Sec. 15. Veterans advisory council.
11 (a) A veterans advisory council shall be established in
12 the State of Illinois. The council shall consist of at least 21
13 members as follows:
14 (1) Four members of the General Assembly, appointed
15 one each by the President of the Senate, the Minority
16 Leader of the Senate, the Speaker of the House of
17 Representatives, and the Minority Leader of the House of
18 Representatives, preferably from a legislative or
19 representative district in which a State-operated veterans
20 home is located.
21 (2) Six veterans appointed by the Director of Veterans
22 Veterans' Affairs.
23 (3) One veteran appointed by the commander or
24 president of each veterans service organization that is
25 chartered by the federal government and by the State of
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1 Illinois and elects to appoint a member.
2 (4) One person appointed by the Adjutant General of
3 the Illinois National Guard.
4 (5) One person appointed by the Illinois Attorney
5 General.
6 (6) One person appointed by the Illinois Secretary of
7 State.
8 (7) One person appointed by the Director of the
9 Illinois Department of Employment Security.
10 (8) One person appointed by each military family
11 organization that is chartered by the federal government.
12 No member of the council shall be an employee or
13 representative of the Department of Veterans Veterans'
14 Affairs.
15 Members of the council shall serve without compensation or
16 reimbursement.
17 (b) At the initial meeting of the council, the members
18 shall elect from among themselves a chairman. The members
19 shall draw lots to determine the length of their terms so that
20 9 members have terms that expire on July 1, 2005 and the
21 remaining members have terms that expire on July 1, 2006.
22 Thereafter, all members of the council shall be appointed for
23 terms of 2 years.
24 The appointing authority may at any time make an
25 appointment to fill a vacancy for the unexpired term of a
26 member.
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1 (c) The council shall meet quarterly or at the call of the
2 chairman or at the call of the Director of Veterans Veterans'
3 Affairs or the Governor. The Department shall provide meeting
4 space and clerical and administrative support services for the
5 council.
6 (c-5) The council shall investigate the re-entry process
7 for service members who return to civilian life after being
8 engaged in an active theater. The investigation shall include
9 the effects of post-traumatic stress disorder, homelessness,
10 disabilities, and other issues the council finds relevant to
11 the re-entry process. By July 1, 2018 and by July 1 of each
12 year thereafter, the council shall present an annual report of
13 its findings to the Governor, the Attorney General, the
14 Director of Veterans Veterans' Affairs, the Lieutenant
15 Governor, and the Secretary of the United States Department of
16 Veterans Affairs. The council's investigation and annual
17 report responsibilities of this subsection shall be a
18 continuation of the investigation and annual report
19 responsibilities of the Illinois Discharged Servicemembers
20 Task Force created under Section 20 of this Act.
21 (d) The council has the power to do the following:
22 (1) Advise the Department of Veterans Veterans'
23 Affairs with respect to the fulfillment of its statutory
24 duties.
25 (2) Review and study the issues and concerns that are
26 most significant to Illinois veterans and advise the
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1 Department on those issues and concerns.
2 (3) Receive a report from the Director of Veterans
3 Veterans' Affairs or the Director's designee at each
4 meeting with respect to the general activities of the
5 Department.
6 (4) Report to the Governor and the General Assembly
7 annually describing the issues addressed and the actions
8 taken by the council during the year as well as any
9 recommendations for future action.
10 (e) The council established under this Section replaces
11 any Illinois Veterans Advisory Council established under
12 Executive Order No. 3 (1982).
13 (Source: P.A. 100-10, eff. 6-30-17.)
14 (20 ILCS 2805/37)
15 Sec. 37. Illinois Joining Forces Foundation.
16 (a) The General Assembly finds that navigating the "sea of
17 goodwill" for those who serve in uniform is one of the greatest
18 challenges that transitioning veterans face; as a result, they
19 risk being unable to access many of the federal, State, and
20 non-profit resources available to them. Recognizing this
21 problem, the Department of Veterans' Affairs (now the
22 Department of Veterans Affairs) and the Department of Military
23 Affairs acted to establish the Illinois Joining Forces
24 initiative, a public-private network of military and
25 veteran-serving organizations that are working together, in
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1 person and online, to create a system of support for the
2 State's military and veteran communities. Illinois Joining
3 Forces is a nation-leading model, awarded by the U.S.
4 Department of Veterans Affairs and the National Association of
5 State Directors of Veterans Affairs for its groundbreaking
6 work in creating smarter, collaborative community support for
7 those in uniform, past and present. The foundation created by
8 this amendatory Act of the 98th General Assembly will serve to
9 ensure the long-term sustainability of Illinois Joining
10 Forces, which is critically important for the support of the
11 State's military and veteran communities.
12 (b) The Illinois Joining Forces Foundation shall benefit
13 service members, veterans, and their families by:
14 (1) convening military and veteran support
15 organizations to build cross-sector relationships and
16 mutual awareness;
17 (2) providing policy recommendations;
18 (3) educating community providers regarding military
19 and veteran culture and needs, thus improving the
20 collective capacity of the support system; and
21 (4) outreaching directly to service members, veterans,
22 and their families regarding the system of support that
23 Illinois Joining Forces provides to them.
24 (c) For the purpose of this Section, "veterans service
25 organization" means an organization that meets all of the
26 following criteria:
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1 (1) The organization is formed by and for United
2 States military veterans.
3 (2) The organization is chartered by the United States
4 Congress and incorporated in the State of Illinois.
5 (3) The organization has maintained a State
6 headquarters office in Illinois for the 10-year period
7 immediately preceding the effective date of this
8 amendatory Act of the 98th General Assembly.
9 (4) The organization maintains at least one office in
10 this State, staffed by a veterans service officer.
11 (5) The organization is capable of preparing a power
12 of attorney for a veteran and processing claims for
13 veterans services.
14 (d) The General Assembly authorizes the Department of
15 Veterans' Affairs (now the Department of Veterans Affairs), in
16 accordance with Section 10 of the State Agency Entity Creation
17 Act, to create the Illinois Joining Forces Foundation as a
18 not-for-profit foundation. The Department shall file articles
19 of incorporation as required under the General Not For Profit
20 Corporation Act of 1986 to create the Foundation.
21 The Foundation's Board of Directors shall be appointed as
22 follows: one member appointed by the Governor; one member
23 appointed by the President of the Senate; one member appointed
24 by the Minority Leader of the Senate; one member appointed by
25 the Speaker of the House of Representatives; and one member
26 appointed by the Minority Leader of the House of
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1 Representatives.
2 The Foundation may also include up to 18 additional voting
3 members of the Board of Directors: up to 9 members to be
4 nominated and approved by the Board of Directors according to
5 the Foundation's bylaws, and up to 9 members to be appointed by
6 the Director of Veterans' Affairs (now the Director of
7 Veterans Affairs) or the Director of Military Affairs. The
8 Board shall have an equal number of board or department
9 appointed members. To ensure parity, no additional nominee may
10 be considered by the Board of Directors unless a like
11 appointment is made by the Department of Veterans' Affairs
12 (now the Department of Veterans Affairs) or the Department of
13 Military Affairs, and vice versa.
14 In addition to any veterans service organization
15 otherwise represented on the Board of Directors, a veterans
16 service organization may designate in writing an ex officio,
17 non-voting participant to the Board of Directors. Any veterans
18 service organization appointee under this provision does not
19 count towards a quorum.
20 The Director of Veterans' Affairs (now the Director of
21 Veterans Affairs), or the Director's designee, and a designee
22 chosen by the Director of Military Affairs who is a senior
23 management official of the Department of Military Affairs with
24 the authority to make decisions on behalf of the agency shall
25 serve as members of the Foundation's Board of Directors. Board
26 of Director appointments shall be for 2-year terms. Vacancies
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1 shall be filled by the official who made the statutory
2 appointment. No member of the Board of Directors may receive
3 compensation for his or her services to the Foundation. Upon
4 appointment, the Board of Directors, as members of a public
5 entity, shall be represented and indemnified pursuant to the
6 requirements of the State Employee Indemnification Act.
7 (e) The purposes of the Foundation are to: promote,
8 support, assist, and sustain Illinois Joining Forces
9 operations; solicit and accept grants and private donations
10 and disburse them for the stated intent of the Foundation or
11 the private donor; solicit and generate public and private
12 funding and donations that assist in enhancing the Illinois
13 Joining Forces mission, services, programs, and operations;
14 and engage generally in other lawful endeavors consistent with
15 the foregoing purposes. The foundation shall operate within
16 the provisions of the General Not For Profit Corporation Act
17 of 1986.
18 (f) The Board of Directors shall meet, organize, and
19 designate, by majority vote, a chairperson, a treasurer, a
20 secretary, and any additional officers that may be needed to
21 carry out the activities of the Foundation and shall adopt
22 bylaws of the Foundation. In consultation with the
23 Foundation's Board of Directors, the Department of Veterans'
24 Affairs (now the Department of Veterans Affairs) or the
25 Department of Military Affairs may provide assistance in
26 adopting other rules deemed necessary to govern Foundation
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1 procedures.
2 (g) The Foundation may request and accept gifts, grants,
3 donations, or bequests from the federal government or its
4 agencies or officers or from any person, firm, or corporation,
5 and may expend receipts on activities that it considers
6 suitable to the performance of its duties under this Section
7 and consistent with any requirement of the grant, gift,
8 donation, or bequest. Funds collected by the Foundation shall
9 be considered private funds and shall be held in an
10 appropriate account outside of the State treasury. Private
11 funds collected by the Foundation are not subject to the
12 Public Funds Investment Act. The treasurer of the Foundation
13 shall be the custodian of all Foundation funds. The treasurer
14 shall be required to obtain a fidelity or surety bond on
15 satisfactory terms and in sufficient amounts to protect the
16 interests of the Foundation, the cost of which shall be
17 reimbursed by the Foundation. The Foundation and its officers
18 shall be responsible for the approval of the recording of
19 receipts, approval of payments, and the proper filing of
20 required reports. The Foundation may be assisted in carrying
21 out its functions by Department of Military Affairs and
22 Department of Veterans' Affairs (now the Department of
23 Veterans Affairs) personnel as determined by the respective
24 Directors. The Department of Military Affairs and the
25 Department of Veterans' Affairs (now the Department of
26 Veterans Affairs) may provide reasonable assistance to the
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1 Foundation to achieve the purposes of the Foundation as
2 determined by the respective Directors. The Foundation shall
3 cooperate fully with the boards, commissions, agencies,
4 departments, and institutions of the State. The funds held and
5 made available by the Illinois Joining Forces Foundation shall
6 be subject to financial and compliance audits in accordance
7 with the Illinois State Auditing Act. The Foundation shall not
8 have any power of eminent domain. The Foundation shall not
9 construct or make any permanent improvements to any real
10 property.
11 (h) The Foundation must provide a written notice to any
12 entity providing a gift, grant, donation, or bequest to the
13 Foundation that the Foundation is not subject to the
14 provisions of the Public Funds Investment Act, which Act
15 places limitations on the types of securities in which a
16 public agency may invest public funds.
17 (i) Notwithstanding any law to the contrary, the
18 Foundation is not eligible for any grant administered by the
19 Department of Veterans' Affairs (now the Department of
20 Veterans Affairs) or the Department of Military Affairs, but
21 may receive services, including, but not limited to,
22 contractual services, provided by either Department.
23 (Source: P.A. 102-1140, eff. 1-1-24.)
24 (20 ILCS 2805/39)
25 Sec. 39. Veterans' Accountability Unit.
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1 (a) The Department shall create a Veterans' Accountability
2 Unit which shall receive complaints and recommendations from:
3 (i) veterans and other Illinois residents who seek services
4 from the Department; (ii) residents of Veterans' Homes, their
5 families, and visitors; (iii) vendors and contractors of the
6 Department; and (iv) staff of the Department.
7 (b) The Governor shall appoint, and the Senate shall
8 confirm, the Director of the Veterans' Accountability Unit.
9 The Director shall be appointed for a term of 4 years.
10 (c) The Director of the Veterans' Accountability Unit
11 shall ensure that the Unit maintains regular office hours and
12 establishes both a toll-free helpline and a dedicated
13 electronic mail address for the purpose of accepting
14 complaints, information, and recommendations. The Director
15 shall provide a reasonable means for receiving complaints
16 outside of office hours.
17 (d) The Veterans' Accountability Unit shall function
18 independently of the Department. The salary and benefits of
19 the Director of the Veterans' Accountability Unit and any
20 other staff of the Unit, as deemed necessary by the Director,
21 along with all other expenses of the Unit shall be paid from
22 appropriations to the Department.
23 (e) The Director and staff of the Veterans' Accountability
24 Unit shall have the authority to access the offices or
25 facilities of the Department and the Veterans' Homes and shall
26 have access to all information, documents, and personnel of
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1 the Department as needed to perform the duties of the
2 Veterans' Accountability Unit. It is the duty of every
3 employee of the Department to cooperate with the Veterans'
4 Accountability Unit. The Department shall provide the staff of
5 the Veterans' Accountability Unit with physical space in each
6 Department office and in each Veterans' Home to conduct
7 confidential business as needed to perform the work of the
8 Veterans' Accountability Unit.
9 (f) The Veterans' Accountability Unit shall ensure all
10 complaints, allegations, or incidents of possible misconduct,
11 misfeasance, malfeasance, or violations of rules, procedures,
12 or laws by any employee, service provider, or contractor of
13 the Department are reported to the Office of Executive
14 Inspector General for the Agencies of the Illinois Governor.
15 (g) The Office of Executive Inspector General for the
16 Agencies of the Illinois Governor shall assess the complaints,
17 allegations, and incidents and shall determine whether to (i)
18 investigate, (ii) refer to the appropriate agency, (iii) refer
19 to any appropriate law enforcement agency, (iv) request a
20 response from the Department to the complaint, allegations, or
21 incident, or (v) refer to the Veterans' Accountability Unit to
22 conduct further inquiry or review if necessary.
23 (h) The Director of the Veterans' Accountability Unit may
24 recommend changes to the Director of Veterans Veterans'
25 Affairs concerning Department policies or practices based upon
26 information learned or observations made by the Veterans'
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1 Accountability Unit staff during the course of its duties. The
2 Director of the Veterans' Accountability Unit shall meet
3 regularly with the Office of Executive Inspector General for
4 the Agencies of the Illinois Governor to report this
5 information to allow the Office to determine whether further
6 investigation is necessary.
7 (i) The Veterans' Accountability Unit shall create an
8 annual report that includes a summary of the complaints
9 received and actions taken in response. This report shall not
10 include any referrals to the Office of Executive Inspector
11 General for the Agencies of the Illinois Governor that result
12 in an investigation. The summaries shall not contain any
13 confidential or identifying information concerning the
14 subjects or complainants of the reports and investigations.
15 (j) Nothing in this Section shall limit investigations by
16 the Department of Veterans Veterans' Affairs that may
17 otherwise be required by law or that may be necessary in that
18 Department's capacity as the central administrative authority
19 on matters concerning services to veterans, their survivors,
20 and dependents.
21 (Source: P.A. 102-695, eff. 6-1-22.)
22 Section 90. The Illinois Health Facilities Planning Act is
23 amended by changing Section 3.6 as follows:
24 (20 ILCS 3960/3.6)
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1 (Section scheduled to be repealed on June 25, 2026)
2 Sec. 3.6. Facilities maintained or operated by a State
3 agency.
4 (a) For the purposes of this Section, "Department" means
5 the Department of Veterans Veterans' Affairs.
6 (b) Except for the requirements set forth in subsection
7 (c), any construction, modification, establishment, or change
8 in categories of service of a health care facility funded
9 through an appropriation from the General Assembly and
10 maintained or operated by the Department is not subject to
11 requirements of this Act. The Department is subject to this
12 Act when the Department discontinues a health care facility or
13 category of service.
14 (c) The Department must notify the Board in writing of any
15 appropriation by the General Assembly for the construction,
16 modification, establishment or change in categories of
17 service, excluding discontinuation of a health care facility
18 or categories of service, maintained or operated by the
19 Department of Veterans Veterans' Affairs. The Department of
20 Veterans Veterans' Affairs must include with the written
21 notification the following information: (i) the estimated
22 service capacity of the health care facility; (ii) the
23 location of the project or the intended location if not
24 identified by law; and (iii) the date the health care facility
25 is estimated to be opened. The Department must also notify the
26 Board in writing when the facility has been licensed by the
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1 Department of Public Health or any other licensing body. The
2 Department shall submit to the Board, on behalf of the health
3 care facility, any annual facility questionnaires as defined
4 in Section 13 of this Act or any requests for information by
5 the Board.
6 (d) This Section is repealed 5 years after the effective
7 date of this amendatory Act of the 102nd General Assembly.
8 (Source: P.A. 102-35, eff. 6-25-21.)
9 Section 95. The Illinois Workforce Innovation Board Act is
10 amended by changing Section 4.5 as follows:
11 (20 ILCS 3975/4.5)
12 Sec. 4.5. Duties.
13 (a) The Board must perform all the functions of a state
14 workforce innovation board under the federal Workforce
15 Innovation and Opportunity Act, any amendments to that Act,
16 and any other applicable federal statutes. The Board must also
17 perform all other functions that are not inconsistent with the
18 federal Workforce Innovation and Opportunity Act or this Act
19 and that are assumed by the Board under its bylaws or assigned
20 to it by the Governor.
21 (b) The Board must cooperate with the General Assembly and
22 make recommendations to the Governor and the General Assembly
23 concerning legislation necessary to improve upon statewide and
24 local workforce development systems in order to increase
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1 occupational skill attainment, employment, retention, or
2 earnings of participants and thereby improve the quality of
3 the workforce, reduce welfare dependency, and enhance the
4 productivity and competitiveness of the State. The Board must
5 annually submit a report to the General Assembly on the
6 progress of the State in achieving state performance measures
7 under the federal Workforce Innovation and Opportunity Act,
8 including information on the levels of performance achieved by
9 the State with respect to the core indicators of performance
10 and the customer satisfaction indicator under that Act. The
11 report must include any other items that the Governor may be
12 required to report to the Secretary of the United States
13 Department of Labor.
14 (b-5) The Board shall implement a method for measuring the
15 progress of the State's workforce development system by using
16 benchmarks specified in the federal Workforce Innovation and
17 Opportunity Act.
18 The Board shall identify the most significant early
19 indicators for each benchmark, establish a mechanism to
20 collect data and track the benchmarks on an annual basis, and
21 then use the results to set goals for each benchmark, to inform
22 planning, and to ensure the effective use of State resources.
23 (c) Nothing in this Act shall be construed to require or
24 allow the Board to assume or supersede the statutory authority
25 granted to, or impose any duties or requirements on, the State
26 Board of Education, the Board of Higher Education, the
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1 Illinois Community College Board, any State agencies created
2 under the Civil Administrative Code of Illinois, or any local
3 education agencies.
4 (d) No actions taken by the Illinois Human Resource
5 Investment Council before the effective date of this
6 amendatory Act of the 92nd General Assembly and no rights,
7 powers, duties, or obligations from those actions are impaired
8 solely by this amendatory Act of the 92nd General Assembly.
9 All actions taken by the Illinois Human Resource Investment
10 Council before the effective date of this amendatory Act of
11 the 92nd General Assembly are ratified and validated.
12 (e) Upon the effective date of this amendatory Act of the
13 101st General Assembly, the Board shall conduct a feasibility
14 study regarding the consolidation of all workforce development
15 programs funded by the federal Workforce Innovation and
16 Opportunity Act and conducted by the State of Illinois into
17 one solitary agency to create greater access to job training
18 for underserved populations. The Board shall utilize resources
19 currently made available to them, including, but not limited
20 to, partnering with institutions of higher education and those
21 agencies currently charged with overseeing or administering
22 workforce programs. The feasibility study shall:
23 (1) assess the impact of consolidation on access for
24 participants, including minority persons as defined in
25 Section 2 of the Business Enterprise for Minorities,
26 Women, and Persons with Disabilities Act, persons with
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1 limited English proficiency, persons with disabilities,
2 and youth, and how consolidation would increase equitable
3 access to workforce resources;
4 (2) assess the cost of consolidation and estimate any
5 long-term savings anticipated from the action;
6 (3) assess the impact of consolidation on agencies in
7 which the programs currently reside, including, but not
8 limited to, the Department of Commerce and Economic
9 Opportunity, the Department of Employment Security, the
10 Department of Human Services, the Community College Board,
11 the Board of Higher Education, the Department of
12 Corrections, the Department on Aging, the Department of
13 Veterans Veterans' Affairs, and the Department of Children
14 and Family Services;
15 (4) assess the impact of consolidation on State
16 government employees and union contracts;
17 (5) consider if the consolidation will provide avenues
18 to maximize federal funding;
19 (6) provide recommendations for the future structure
20 of workforce development programs, including a proposed
21 timeline for implementation;
22 (7) provide direction for implementation by July 1,
23 2022 with regard to recommendations that do not require
24 legislative change;
25 (8) if legislative change is necessary, include
26 legislative language for consideration by the 102nd
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1 General Assembly.
2 The Board shall submit its recommendations the Governor
3 and the General Assembly by May 1, 2021.
4 (Source: P.A. 100-477, eff. 9-8-17; 101-654, eff. 3-8-21.)
5 Section 100. The State Finance Act is amended by changing
6 Section 25 as follows:
7 (30 ILCS 105/25) (from Ch. 127, par. 161)
8 Sec. 25. Fiscal year limitations.
9 (a) All appropriations shall be available for expenditure
10 for the fiscal year or for a lesser period if the Act making
11 that appropriation so specifies. A deficiency or emergency
12 appropriation shall be available for expenditure only through
13 June 30 of the year when the Act making that appropriation is
14 enacted unless that Act otherwise provides.
15 (b) Outstanding liabilities as of June 30, payable from
16 appropriations which have otherwise expired, may be paid out
17 of the expiring appropriations during the 2-month period
18 ending at the close of business on August 31. Any service
19 involving professional or artistic skills or any personal
20 services by an employee whose compensation is subject to
21 income tax withholding must be performed as of June 30 of the
22 fiscal year in order to be considered an "outstanding
23 liability as of June 30" that is thereby eligible for payment
24 out of the expiring appropriation.
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1 (b-1) However, payment of tuition reimbursement claims
2 under Section 14-7.03 or 18-3 of the School Code may be made by
3 the State Board of Education from its appropriations for those
4 respective purposes for any fiscal year, even though the
5 claims reimbursed by the payment may be claims attributable to
6 a prior fiscal year, and payments may be made at the direction
7 of the State Superintendent of Education from the fund from
8 which the appropriation is made without regard to any fiscal
9 year limitations, except as required by subsection (j) of this
10 Section. Beginning on June 30, 2021, payment of tuition
11 reimbursement claims under Section 14-7.03 or 18-3 of the
12 School Code as of June 30, payable from appropriations that
13 have otherwise expired, may be paid out of the expiring
14 appropriation during the 4-month period ending at the close of
15 business on October 31.
16 (b-2) (Blank).
17 (b-2.5) (Blank).
18 (b-2.6) (Blank).
19 (b-2.6a) (Blank).
20 (b-2.6b) (Blank).
21 (b-2.6c) (Blank).
22 (b-2.6d) All outstanding liabilities as of June 30, 2020,
23 payable from appropriations that would otherwise expire at the
24 conclusion of the lapse period for fiscal year 2020, and
25 interest penalties payable on those liabilities under the
26 State Prompt Payment Act, may be paid out of the expiring
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1 appropriations until December 31, 2020, without regard to the
2 fiscal year in which the payment is made, as long as vouchers
3 for the liabilities are received by the Comptroller no later
4 than September 30, 2020.
5 (b-2.6e) All outstanding liabilities as of June 30, 2021,
6 payable from appropriations that would otherwise expire at the
7 conclusion of the lapse period for fiscal year 2021, and
8 interest penalties payable on those liabilities under the
9 State Prompt Payment Act, may be paid out of the expiring
10 appropriations until September 30, 2021, without regard to the
11 fiscal year in which the payment is made.
12 (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each
13 fiscal year thereafter, interest penalties payable under the
14 State Prompt Payment Act associated with a voucher for which
15 payment is issued after June 30 may be paid out of the next
16 fiscal year's appropriation. The future year appropriation
17 must be for the same purpose and from the same fund as the
18 original payment. An interest penalty voucher submitted
19 against a future year appropriation must be submitted within
20 60 days after the issuance of the associated voucher, except
21 that, for fiscal year 2018 only, an interest penalty voucher
22 submitted against a future year appropriation must be
23 submitted within 60 days of June 5, 2019 (the effective date of
24 Public Act 101-10). The Comptroller must issue the interest
25 payment within 60 days after acceptance of the interest
26 voucher.
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1 (b-3) Medical payments may be made by the Department of
2 Veterans Veterans' Affairs from its appropriations for those
3 purposes for any fiscal year, without regard to the fact that
4 the medical services being compensated for by such payment may
5 have been rendered in a prior fiscal year, except as required
6 by subsection (j) of this Section. Beginning on June 30, 2021,
7 medical payments payable from appropriations that have
8 otherwise expired may be paid out of the expiring
9 appropriation during the 4-month period ending at the close of
10 business on October 31.
11 (b-4) Medical payments and child care payments may be made
12 by the Department of Human Services (as successor to the
13 Department of Public Aid) from appropriations for those
14 purposes for any fiscal year, without regard to the fact that
15 the medical or child care services being compensated for by
16 such payment may have been rendered in a prior fiscal year; and
17 payments may be made at the direction of the Department of
18 Healthcare and Family Services (or successor agency) from the
19 Health Insurance Reserve Fund without regard to any fiscal
20 year limitations, except as required by subsection (j) of this
21 Section. Beginning on June 30, 2021, medical and child care
22 payments made by the Department of Human Services and payments
23 made at the discretion of the Department of Healthcare and
24 Family Services (or successor agency) from the Health
25 Insurance Reserve Fund and payable from appropriations that
26 have otherwise expired may be paid out of the expiring
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1 appropriation during the 4-month period ending at the close of
2 business on October 31.
3 (b-5) Medical payments may be made by the Department of
4 Human Services from its appropriations relating to substance
5 abuse treatment services for any fiscal year, without regard
6 to the fact that the medical services being compensated for by
7 such payment may have been rendered in a prior fiscal year,
8 provided the payments are made on a fee-for-service basis
9 consistent with requirements established for Medicaid
10 reimbursement by the Department of Healthcare and Family
11 Services, except as required by subsection (j) of this
12 Section. Beginning on June 30, 2021, medical payments made by
13 the Department of Human Services relating to substance abuse
14 treatment services payable from appropriations that have
15 otherwise expired may be paid out of the expiring
16 appropriation during the 4-month period ending at the close of
17 business on October 31.
18 (b-6) (Blank).
19 (b-7) Payments may be made in accordance with a plan
20 authorized by paragraph (11) or (12) of Section 405-105 of the
21 Department of Central Management Services Law from
22 appropriations for those payments without regard to fiscal
23 year limitations.
24 (b-8) Reimbursements to eligible airport sponsors for the
25 construction or upgrading of Automated Weather Observation
26 Systems may be made by the Department of Transportation from
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1 appropriations for those purposes for any fiscal year, without
2 regard to the fact that the qualification or obligation may
3 have occurred in a prior fiscal year, provided that at the time
4 the expenditure was made the project had been approved by the
5 Department of Transportation prior to June 1, 2012 and, as a
6 result of recent changes in federal funding formulas, can no
7 longer receive federal reimbursement.
8 (b-9) (Blank).
9 (c) Further, payments may be made by the Department of
10 Public Health and the Department of Human Services (acting as
11 successor to the Department of Public Health under the
12 Department of Human Services Act) from their respective
13 appropriations for grants for medical care to or on behalf of
14 premature and high-mortality risk infants and their mothers
15 and for grants for supplemental food supplies provided under
16 the United States Department of Agriculture Women, Infants and
17 Children Nutrition Program, for any fiscal year without regard
18 to the fact that the services being compensated for by such
19 payment may have been rendered in a prior fiscal year, except
20 as required by subsection (j) of this Section. Beginning on
21 June 30, 2021, payments made by the Department of Public
22 Health and the Department of Human Services from their
23 respective appropriations for grants for medical care to or on
24 behalf of premature and high-mortality risk infants and their
25 mothers and for grants for supplemental food supplies provided
26 under the United States Department of Agriculture Women,
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1 Infants and Children Nutrition Program payable from
2 appropriations that have otherwise expired may be paid out of
3 the expiring appropriations during the 4-month period ending
4 at the close of business on October 31.
5 (d) The Department of Public Health and the Department of
6 Human Services (acting as successor to the Department of
7 Public Health under the Department of Human Services Act)
8 shall each annually submit to the State Comptroller, Senate
9 President, Senate Minority Leader, Speaker of the House, House
10 Minority Leader, and the respective Chairmen and Minority
11 Spokesmen of the Appropriations Committees of the Senate and
12 the House, on or before December 31, a report of fiscal year
13 funds used to pay for services provided in any prior fiscal
14 year. This report shall document by program or service
15 category those expenditures from the most recently completed
16 fiscal year used to pay for services provided in prior fiscal
17 years.
18 (e) The Department of Healthcare and Family Services, the
19 Department of Human Services (acting as successor to the
20 Department of Public Aid), and the Department of Human
21 Services making fee-for-service payments relating to substance
22 abuse treatment services provided during a previous fiscal
23 year shall each annually submit to the State Comptroller,
24 Senate President, Senate Minority Leader, Speaker of the
25 House, House Minority Leader, the respective Chairmen and
26 Minority Spokesmen of the Appropriations Committees of the
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1 Senate and the House, on or before November 30, a report that
2 shall document by program or service category those
3 expenditures from the most recently completed fiscal year used
4 to pay for (i) services provided in prior fiscal years and (ii)
5 services for which claims were received in prior fiscal years.
6 (f) The Department of Human Services (as successor to the
7 Department of Public Aid) shall annually submit to the State
8 Comptroller, Senate President, Senate Minority Leader, Speaker
9 of the House, House Minority Leader, and the respective
10 Chairmen and Minority Spokesmen of the Appropriations
11 Committees of the Senate and the House, on or before December
12 31, a report of fiscal year funds used to pay for services
13 (other than medical care) provided in any prior fiscal year.
14 This report shall document by program or service category
15 those expenditures from the most recently completed fiscal
16 year used to pay for services provided in prior fiscal years.
17 (g) In addition, each annual report required to be
18 submitted by the Department of Healthcare and Family Services
19 under subsection (e) shall include the following information
20 with respect to the State's Medicaid program:
21 (1) Explanations of the exact causes of the variance
22 between the previous year's estimated and actual
23 liabilities.
24 (2) Factors affecting the Department of Healthcare and
25 Family Services' liabilities, including, but not limited
26 to, numbers of aid recipients, levels of medical service
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1 utilization by aid recipients, and inflation in the cost
2 of medical services.
3 (3) The results of the Department's efforts to combat
4 fraud and abuse.
5 (h) As provided in Section 4 of the General Assembly
6 Compensation Act, any utility bill for service provided to a
7 General Assembly member's district office for a period
8 including portions of 2 consecutive fiscal years may be paid
9 from funds appropriated for such expenditure in either fiscal
10 year.
11 (i) An agency which administers a fund classified by the
12 Comptroller as an internal service fund may issue rules for:
13 (1) billing user agencies in advance for payments or
14 authorized inter-fund transfers based on estimated charges
15 for goods or services;
16 (2) issuing credits, refunding through inter-fund
17 transfers, or reducing future inter-fund transfers during
18 the subsequent fiscal year for all user agency payments or
19 authorized inter-fund transfers received during the prior
20 fiscal year which were in excess of the final amounts owed
21 by the user agency for that period; and
22 (3) issuing catch-up billings to user agencies during
23 the subsequent fiscal year for amounts remaining due when
24 payments or authorized inter-fund transfers received from
25 the user agency during the prior fiscal year were less
26 than the total amount owed for that period.
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1 User agencies are authorized to reimburse internal service
2 funds for catch-up billings by vouchers drawn against their
3 respective appropriations for the fiscal year in which the
4 catch-up billing was issued or by increasing an authorized
5 inter-fund transfer during the current fiscal year. For the
6 purposes of this Act, "inter-fund transfers" means transfers
7 without the use of the voucher-warrant process, as authorized
8 by Section 9.01 of the State Comptroller Act.
9 (i-1) Beginning on July 1, 2021, all outstanding
10 liabilities, not payable during the 4-month lapse period as
11 described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
12 of this Section, that are made from appropriations for that
13 purpose for any fiscal year, without regard to the fact that
14 the services being compensated for by those payments may have
15 been rendered in a prior fiscal year, are limited to only those
16 claims that have been incurred but for which a proper bill or
17 invoice as defined by the State Prompt Payment Act has not been
18 received by September 30th following the end of the fiscal
19 year in which the service was rendered.
20 (j) Notwithstanding any other provision of this Act, the
21 aggregate amount of payments to be made without regard for
22 fiscal year limitations as contained in subsections (b-1),
23 (b-3), (b-4), (b-5), and (c) of this Section, and determined
24 by using Generally Accepted Accounting Principles, shall not
25 exceed the following amounts:
26 (1) $6,000,000,000 for outstanding liabilities related
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1 to fiscal year 2012;
2 (2) $5,300,000,000 for outstanding liabilities related
3 to fiscal year 2013;
4 (3) $4,600,000,000 for outstanding liabilities related
5 to fiscal year 2014;
6 (4) $4,000,000,000 for outstanding liabilities related
7 to fiscal year 2015;
8 (5) $3,300,000,000 for outstanding liabilities related
9 to fiscal year 2016;
10 (6) $2,600,000,000 for outstanding liabilities related
11 to fiscal year 2017;
12 (7) $2,000,000,000 for outstanding liabilities related
13 to fiscal year 2018;
14 (8) $1,300,000,000 for outstanding liabilities related
15 to fiscal year 2019;
16 (9) $600,000,000 for outstanding liabilities related
17 to fiscal year 2020; and
18 (10) $0 for outstanding liabilities related to fiscal
19 year 2021 and fiscal years thereafter.
20 (k) Department of Healthcare and Family Services Medical
21 Assistance Payments.
22 (1) Definition of Medical Assistance.
23 For purposes of this subsection, the term "Medical
24 Assistance" shall include, but not necessarily be
25 limited to, medical programs and services authorized
26 under Titles XIX and XXI of the Social Security Act,
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1 the Illinois Public Aid Code, the Children's Health
2 Insurance Program Act, the Covering ALL KIDS Health
3 Insurance Act, the Long Term Acute Care Hospital
4 Quality Improvement Transfer Program Act, and medical
5 care to or on behalf of persons suffering from chronic
6 renal disease, persons suffering from hemophilia, and
7 victims of sexual assault.
8 (2) Limitations on Medical Assistance payments that
9 may be paid from future fiscal year appropriations.
10 (A) The maximum amounts of annual unpaid Medical
11 Assistance bills received and recorded by the
12 Department of Healthcare and Family Services on or
13 before June 30th of a particular fiscal year
14 attributable in aggregate to the General Revenue Fund,
15 Healthcare Provider Relief Fund, Tobacco Settlement
16 Recovery Fund, Long-Term Care Provider Fund, and the
17 Drug Rebate Fund that may be paid in total by the
18 Department from future fiscal year Medical Assistance
19 appropriations to those funds are: $700,000,000 for
20 fiscal year 2013 and $100,000,000 for fiscal year 2014
21 and each fiscal year thereafter.
22 (B) Bills for Medical Assistance services rendered
23 in a particular fiscal year, but received and recorded
24 by the Department of Healthcare and Family Services
25 after June 30th of that fiscal year, may be paid from
26 either appropriations for that fiscal year or future
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1 fiscal year appropriations for Medical Assistance.
2 Such payments shall not be subject to the requirements
3 of subparagraph (A).
4 (C) Medical Assistance bills received by the
5 Department of Healthcare and Family Services in a
6 particular fiscal year, but subject to payment amount
7 adjustments in a future fiscal year may be paid from a
8 future fiscal year's appropriation for Medical
9 Assistance. Such payments shall not be subject to the
10 requirements of subparagraph (A).
11 (D) Medical Assistance payments made by the
12 Department of Healthcare and Family Services from
13 funds other than those specifically referenced in
14 subparagraph (A) may be made from appropriations for
15 those purposes for any fiscal year without regard to
16 the fact that the Medical Assistance services being
17 compensated for by such payment may have been rendered
18 in a prior fiscal year. Such payments shall not be
19 subject to the requirements of subparagraph (A).
20 (3) Extended lapse period for Department of Healthcare
21 and Family Services Medical Assistance payments.
22 Notwithstanding any other State law to the contrary,
23 outstanding Department of Healthcare and Family Services
24 Medical Assistance liabilities, as of June 30th, payable
25 from appropriations which have otherwise expired, may be
26 paid out of the expiring appropriations during the 4-month
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1 period ending at the close of business on October 31st.
2 (l) The changes to this Section made by Public Act 97-691
3 shall be effective for payment of Medical Assistance bills
4 incurred in fiscal year 2013 and future fiscal years. The
5 changes to this Section made by Public Act 97-691 shall not be
6 applied to Medical Assistance bills incurred in fiscal year
7 2012 or prior fiscal years.
8 (m) The Comptroller must issue payments against
9 outstanding liabilities that were received prior to the lapse
10 period deadlines set forth in this Section as soon thereafter
11 as practical, but no payment may be issued after the 4 months
12 following the lapse period deadline without the signed
13 authorization of the Comptroller and the Governor.
14 (Source: P.A. 102-16, eff. 6-17-21; 102-291, eff. 8-6-21;
15 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
16 6-7-23.)
17 Section 105. The Illinois Procurement Code is amended by
18 changing Section 45-57 as follows:
19 (30 ILCS 500/45-57)
20 Sec. 45-57. Veterans.
21 (a) Set-aside goal. It is the goal of the State to promote
22 and encourage the continued economic development of small
23 businesses owned and controlled by qualified veterans and that
24 qualified service-disabled veteran-owned small businesses
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1 (referred to as SDVOSB) and veteran-owned small businesses
2 (referred to as VOSB) participate in the State's procurement
3 process as both prime contractors and subcontractors. Not less
4 than 3% of the total dollar amount of State contracts, as
5 defined by the Commission on Equity and Inclusion, shall be
6 established as a goal to be awarded to SDVOSB and VOSB. That
7 portion of a contract under which the contractor subcontracts
8 with a SDVOSB or VOSB may be counted toward the goal of this
9 subsection. The Commission on Equity and Inclusion shall adopt
10 rules to implement compliance with this subsection by all
11 State agencies.
12 (b) Fiscal year reports. By each November 1, each chief
13 procurement officer shall report to the Commission on Equity
14 and Inclusion on all of the following for the immediately
15 preceding fiscal year, and by each March 1 the Commission on
16 Equity and Inclusion shall compile and report that information
17 to the General Assembly:
18 (1) The total number of VOSB, and the number of
19 SDVOSB, who submitted bids for contracts under this Code.
20 (2) The total number of VOSB, and the number of
21 SDVOSB, who entered into contracts with the State under
22 this Code and the total value of those contracts.
23 (b-5) The Commission on Equity and Inclusion shall submit
24 an annual report to the Governor and the General Assembly that
25 shall include the following:
26 (1) a year-by-year comparison of the number of
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1 certifications the State has issued to veteran-owned small
2 businesses and service-disabled veteran-owned small
3 businesses;
4 (2) the obstacles, if any, the Commission on Equity
5 and Inclusion faces when certifying veteran-owned
6 businesses and possible rules or changes to rules to
7 address those issues;
8 (3) a year-by-year comparison of awarded contracts to
9 certified veteran-owned small businesses and
10 service-disabled veteran-owned small businesses; and
11 (4) any other information that the Commission on
12 Equity and Inclusion deems necessary to assist
13 veteran-owned small businesses and service-disabled
14 veteran-owned small businesses to become certified with
15 the State.
16 The Commission on Equity and Inclusion shall conduct a
17 minimum of 2 outreach events per year to ensure that
18 veteran-owned small businesses and service-disabled
19 veteran-owned small businesses know about the procurement
20 opportunities and certification requirements with the State.
21 The Commission on Equity and Inclusion may receive
22 appropriations for outreach.
23 (c) Yearly review and recommendations. Each year, each
24 chief procurement officer shall review the progress of all
25 State agencies under its jurisdiction in meeting the goal
26 described in subsection (a), with input from statewide
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1 veterans' service organizations and from the business
2 community, including businesses owned by qualified veterans,
3 and shall make recommendations to be included in the
4 Commission on Equity and Inclusion's report to the General
5 Assembly regarding continuation, increases, or decreases of
6 the percentage goal. The recommendations shall be based upon
7 the number of businesses that are owned by qualified veterans
8 and on the continued need to encourage and promote businesses
9 owned by qualified veterans.
10 (d) Governor's recommendations. To assist the State in
11 reaching the goal described in subsection (a), the Governor
12 shall recommend to the General Assembly changes in programs to
13 assist businesses owned by qualified veterans.
14 (e) Definitions. As used in this Section:
15 "Armed forces of the United States" means the United
16 States Army, Navy, Air Force, Space Force, Marine Corps, Coast
17 Guard, or service in active duty as defined under 38 U.S.C.
18 Section 101. Service in the Merchant Marine that constitutes
19 active duty under Section 401 of federal Public Law Act 95-202
20 shall also be considered service in the armed forces for
21 purposes of this Section.
22 "Certification" means a determination made by the Illinois
23 Department of Veterans Veterans' Affairs and the Commission on
24 Equity and Inclusion that a business entity is a qualified
25 service-disabled veteran-owned small business or a qualified
26 veteran-owned small business for whatever purpose. A SDVOSB or
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1 VOSB owned and controlled by women, minorities, or persons
2 with disabilities, as those terms are defined in Section 2 of
3 the Business Enterprise for Minorities, Women, and Persons
4 with Disabilities Act, may also select and designate whether
5 that business is to be certified as a "women-owned business",
6 "minority-owned business", or "business owned by a person with
7 a disability", as defined in Section 2 of the Business
8 Enterprise for Minorities, Women, and Persons with
9 Disabilities Act.
10 "Control" means the exclusive, ultimate, majority, or sole
11 control of the business, including but not limited to capital
12 investment and all other financial matters, property,
13 acquisitions, contract negotiations, legal matters,
14 officer-director-employee selection and comprehensive hiring,
15 operation responsibilities, cost-control matters, income and
16 dividend matters, financial transactions, and rights of other
17 shareholders or joint partners. Control shall be real,
18 substantial, and continuing, not pro forma. Control shall
19 include the power to direct or cause the direction of the
20 management and policies of the business and to make the
21 day-to-day as well as major decisions in matters of policy,
22 management, and operations. Control shall be exemplified by
23 possessing the requisite knowledge and expertise to run the
24 particular business, and control shall not include simple
25 majority or absentee ownership.
26 "Qualified service-disabled veteran" means a veteran who
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1 has been found to have 10% or more service-connected
2 disability by the United States Department of Veterans Affairs
3 or the United States Department of Defense.
4 "Qualified service-disabled veteran-owned small business"
5 or "SDVOSB" means a small business (i) that is at least 51%
6 owned by one or more qualified service-disabled veterans
7 living in Illinois or, in the case of a corporation, at least
8 51% of the stock of which is owned by one or more qualified
9 service-disabled veterans living in Illinois; (ii) that has
10 its home office in Illinois; and (iii) for which items (i) and
11 (ii) are factually verified annually by the Commission on
12 Equity and Inclusion.
13 "Qualified veteran-owned small business" or "VOSB" means a
14 small business (i) that is at least 51% owned by one or more
15 qualified veterans living in Illinois or, in the case of a
16 corporation, at least 51% of the stock of which is owned by one
17 or more qualified veterans living in Illinois; (ii) that has
18 its home office in Illinois; and (iii) for which items (i) and
19 (ii) are factually verified annually by the Commission on
20 Equity and Inclusion.
21 "Service-connected disability" means a disability incurred
22 in the line of duty in the active military, naval, or air
23 service as described in 38 U.S.C. 101(16).
24 "Small business" means a business that has annual gross
25 sales of less than $150,000,000 as evidenced by the federal
26 income tax return of the business. A firm with gross sales in
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1 excess of this cap may apply to the Commission on Equity and
2 Inclusion for certification for a particular contract if the
3 firm can demonstrate that the contract would have significant
4 impact on SDVOSB or VOSB as suppliers or subcontractors or in
5 employment of veterans or service-disabled veterans.
6 "State agency" has the meaning provided in Section
7 1-15.100 of this Code.
8 "Time of hostilities with a foreign country" means any
9 period of time in the past, present, or future during which a
10 declaration of war by the United States Congress has been or is
11 in effect or during which an emergency condition has been or is
12 in effect that is recognized by the issuance of a Presidential
13 proclamation or a Presidential executive order and in which
14 the armed forces expeditionary medal or other campaign service
15 medals are awarded according to Presidential executive order.
16 "Veteran" means a person who (i) has been a member of the
17 armed forces of the United States or, while a citizen of the
18 United States, was a member of the armed forces of allies of
19 the United States in time of hostilities with a foreign
20 country and (ii) has served under one or more of the following
21 conditions: (a) the veteran served a total of at least 6
22 months; (b) the veteran served for the duration of hostilities
23 regardless of the length of the engagement; (c) the veteran
24 was discharged on the basis of hardship; or (d) the veteran was
25 released from active duty because of a service connected
26 disability and was discharged under honorable conditions.
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1 (f) Certification program. The Illinois Department of
2 Veterans Veterans' Affairs and the Commission on Equity and
3 Inclusion shall work together to devise a certification
4 procedure to assure that businesses taking advantage of this
5 Section are legitimately classified as qualified
6 service-disabled veteran-owned small businesses or qualified
7 veteran-owned small businesses.
8 The Commission on Equity and Inclusion shall:
9 (1) compile and maintain a comprehensive list of
10 certified veteran-owned small businesses and
11 service-disabled veteran-owned small businesses;
12 (2) assist veteran-owned small businesses and
13 service-disabled veteran-owned small businesses in
14 complying with the procedures for bidding on State
15 contracts;
16 (3) provide training for State agencies regarding the
17 goal setting process and compliance with veteran-owned
18 small business and service-disabled veteran-owned small
19 business goals; and
20 (4) implement and maintain an electronic portal on the
21 Commission on Equity and Inclusion's website for the
22 purpose of completing and submitting veteran-owned small
23 business and service-disabled veteran-owned small business
24 certificates.
25 The Commission on Equity and Inclusion, in consultation
26 with the Department of Veterans Veterans' Affairs, may develop
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1 programs and agreements to encourage cities, counties, towns,
2 townships, and other certifying entities to adopt uniform
3 certification procedures and certification recognition
4 programs.
5 (f-5) A business shall be certified by the Commission on
6 Equity and Inclusion as a service-disabled veteran-owned small
7 business or a veteran-owned small business for purposes of
8 this Section if the Commission on Equity and Inclusion
9 determines that the business has been certified as a
10 service-disabled veteran-owned small business or a
11 veteran-owned small business by the Vets First Verification
12 Program of the United States Department of Veterans Affairs,
13 and the business has provided to the Commission on Equity and
14 Inclusion the following:
15 (1) documentation showing certification as a
16 service-disabled veteran-owned small business or a
17 veteran-owned small business by the Vets First
18 Verification Program of the United States Department of
19 Veterans Affairs;
20 (2) proof that the business has its home office in
21 Illinois; and
22 (3) proof that the qualified veterans or qualified
23 service-disabled veterans live in the State of Illinois.
24 The policies of the Commission on Equity and Inclusion
25 regarding recognition of the Vets First Verification Program
26 of the United States Department of Veterans Affairs shall be
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1 reviewed annually by the Commission on Equity and Inclusion,
2 and recognition of service-disabled veteran-owned small
3 businesses and veteran-owned small businesses certified by the
4 Vets First Verification Program of the United States
5 Department of Veterans Affairs may be discontinued by the
6 Commission on Equity and Inclusion by rule upon a finding that
7 the certification standards of the Vets First Verification
8 Program of the United States Department of Veterans Affairs do
9 not meet the certification requirements established by the
10 Commission on Equity and Inclusion.
11 (g) Penalties.
12 (1) Administrative penalties. The chief procurement
13 officers appointed pursuant to Section 10-20 shall suspend
14 any person who commits a violation of Section 17-10.3 or
15 subsection (d) of Section 33E-6 of the Criminal Code of
16 2012 relating to this Section from bidding on, or
17 participating as a contractor, subcontractor, or supplier
18 in, any State contract or project for a period of not less
19 than 3 years, and, if the person is certified as a
20 service-disabled veteran-owned small business or a
21 veteran-owned small business, then the Commission on
22 Equity and Inclusion shall revoke the business's
23 certification for a period of not less than 3 years. An
24 additional or subsequent violation shall extend the
25 periods of suspension and revocation for a period of not
26 less than 5 years. The suspension and revocation shall
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1 apply to the principals of the business and any subsequent
2 business formed or financed by, or affiliated with, those
3 principals.
4 (2) Reports of violations. Each State agency shall
5 report any alleged violation of Section 17-10.3 or
6 subsection (d) of Section 33E-6 of the Criminal Code of
7 2012 relating to this Section to the chief procurement
8 officers appointed pursuant to Section 10-20. The chief
9 procurement officers appointed pursuant to Section 10-20
10 shall subsequently report all such alleged violations to
11 the Attorney General, who shall determine whether to bring
12 a civil action against any person for the violation.
13 (3) List of suspended persons. The chief procurement
14 officers appointed pursuant to Section 10-20 shall monitor
15 the status of all reported violations of Section 17-10.3
16 or subsection (d) of Section 33E-6 of the Criminal Code of
17 1961 or the Criminal Code of 2012 relating to this Section
18 and shall maintain and make available to all State
19 agencies a central listing of all persons that committed
20 violations resulting in suspension.
21 (4) Use of suspended persons. During the period of a
22 person's suspension under paragraph (1) of this
23 subsection, a State agency shall not enter into any
24 contract with that person or with any contractor using the
25 services of that person as a subcontractor.
26 (5) Duty to check list. Each State agency shall check
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1 the central listing provided by the chief procurement
2 officers appointed pursuant to Section 10-20 under
3 paragraph (3) of this subsection to verify that a person
4 being awarded a contract by that State agency, or to be
5 used as a subcontractor or supplier on a contract being
6 awarded by that State agency, is not under suspension
7 pursuant to paragraph (1) of this subsection.
8 (h) On and after November 30, 2021 (the effective date of
9 Public Act 102-671) this amendatory Act of the 102nd General
10 Assembly, all powers, duties, rights, and responsibilities of
11 the Department of Central Management Services with respect to
12 the requirements of this Section are transferred to the
13 Commission on Equity and Inclusion.
14 All books, records, papers, documents, property (real and
15 personal), contracts, causes of action, and pending business
16 pertaining to the powers, duties, rights, and responsibilities
17 transferred by Public Act 102-671 this amendatory Act from the
18 Department of Central Management Services to the Commission on
19 Equity and Inclusion, including, but not limited to, material
20 in electronic or magnetic format and necessary computer
21 hardware and software, shall be transferred to the Commission
22 on Equity and Inclusion.
23 The powers, duties, rights, and responsibilities
24 transferred from the Department of Central Management Services
25 by this amendatory Act shall be vested in and shall be
26 exercised by the Commission on Equity and Inclusion.
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1 Whenever reports or notices are now required to be made or
2 given or papers or documents furnished or served by any person
3 to or upon the Department of Central Management Services in
4 connection with any of the powers, duties, rights, and
5 responsibilities transferred by Public Act 102-671 this
6 amendatory Act, the same shall be made, given, furnished, or
7 served in the same manner to or upon the Commission on Equity
8 and Inclusion.
9 Public Act 102-671 This amendatory Act of the 102nd
10 General Assembly does not affect any act done, ratified, or
11 canceled or any right occurring or established or any action
12 or proceeding had or commenced in an administrative, civil, or
13 criminal cause by the Department of Central Management
14 Services before this amendatory Act takes effect; such actions
15 or proceedings may be prosecuted and continued by the
16 Commission on Equity and Inclusion.
17 Any rules of the Department of Central Management Services
18 that relate to its powers, duties, rights, and
19 responsibilities under this Section and are in full force on
20 the effective date of Public Act 102-671 this amendatory Act
21 of the 102nd General Assembly shall become the rules of the
22 Commission on Equity and Inclusion. Public Act 102-671 This
23 amendatory Act does not affect the legality of any such rules
24 in the Illinois Administrative Code. Any proposed rules filed
25 with the Secretary of State by the Department of Central
26 Management Services that are pending in the rulemaking process
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1 on November 30, 2021 the effective date of this amendatory Act
2 and pertain to the powers, duties, rights, and
3 responsibilities transferred, shall be deemed to have been
4 filed by the Commission on Equity and Inclusion. As soon as
5 practicable hereafter, the Commission on Equity and Inclusion
6 shall revise and clarify the rules transferred to it under
7 Public Act 102-671 this amendatory Act to reflect the
8 reorganization of powers, duties, rights, and responsibilities
9 affected by Public Act 102-671 this amendatory Act, using the
10 procedures for recodification of rules available under the
11 Illinois Administrative Procedure Act, except that existing
12 title, part, and section numbering for the affected rules may
13 be retained. The Commission on Equity and Inclusion may
14 propose and adopt under the Illinois Administrative Procedure
15 Act such other rules of the Department of Central Management
16 Services that will now be administered by the Commission on
17 Equity and Inclusion.
18 (Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21;
19 103-570, eff. 1-1-24; 103-746, eff. 1-1-25; revised 11-22-24.)
20 Section 110. The Illinois Procurement Code is amended by
21 changing Section 45-67 as follows:
22 (30 ILCS 500/45-67)
23 Sec. 45-67. Encouragement to hire qualified veterans. A
24 chief procurement officer may, as part of any solicitation,
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1 encourage potential contractors to consider hiring qualified
2 veterans and to notify them of any available financial
3 incentives or other advantages associated with hiring such
4 persons. In establishing internal guidelines in furtherance of
5 this Section, the Department of Central Management Services
6 may work with an interagency advisory committee consisting of
7 representatives from the Department of Veterans Veterans'
8 Affairs, the Department of Employment Security, the Department
9 of Commerce and Economic Opportunity, and the Department of
10 Revenue and consisting of 8 members of the General Assembly, 2
11 of whom are appointed by the Speaker of the House of
12 Representatives, 2 of whom are appointed by the President of
13 the Senate, 2 of whom are appointed by the Minority Leader of
14 the House of Representatives, and 2 of whom are appointed by
15 the Minority Leader of the Senate.
16 For the purposes of this Section, "qualified veteran"
17 means an Illinois resident who: (i) was a member of the Armed
18 Forces of the United States, a member of the Illinois National
19 Guard, or a member of any reserve component of the Armed Forces
20 of the United States; (ii) served on active duty in connection
21 with Operation Desert Storm, Operation Enduring Freedom, or
22 Operation Iraqi Freedom; and (iii) was honorably discharged.
23 The Department of Central Management Services must report
24 to the Governor and to the General Assembly by December 31 of
25 each year on the activities undertaken by chief procurement
26 officers and the Department of Central Management Services to
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1 encourage potential contractors to consider hiring qualified
2 veterans. The report must include the number of vendors who
3 have hired qualified veterans.
4 (Source: P.A. 100-143, eff. 1-1-18; 100-201, eff. 8-18-17.)
5 Section 115. The Social Services Contract Notice Act is
6 amended by changing Section 10 as follows:
7 (30 ILCS 596/10)
8 Sec. 10. Definitions. As used in this Act:
9 (a) "Authorized service provider" means a non-governmental
10 entity responsible for providing services on behalf of the
11 State of Illinois under a contract with a State agency.
12 (b) "Contract" means all types of State agreements for
13 social service delivery, regardless of what they may be
14 called, including grants, fee-for-service, fixed rate,
15 cost-reimbursement, purchase of care, renewals, and
16 amendments. It does not include agreements procured for goods.
17 (c) "Direct services" means those services that are
18 provided on behalf of Illinois residents by an authorized
19 service provider.
20 (d) "Reduction of contract" means a decrease in the
21 defined or estimated contract value. This is not inclusive of
22 adjustments made by the State through the generally accepted
23 accounting principles (GAAP) reconciliation process, under the
24 Illinois Grant Funds Recovery Act, or on account of the
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1 service provider's underutilization of contract value, as
2 determined by the State.
3 (e) "Social services" or "services" means direct services
4 that are provided by a State agency through a grant awarded to
5 or service agreement or contract with an authorized service
6 provider and that are designed to ensure the health, safety,
7 education, or welfare of Illinois residents.
8 (f) "State agency" means:
9 (1) the Department on Aging or its successor agency;
10 (2) the Department of Children and Family Services or
11 its successor agency;
12 (3) the Department of Healthcare and Family Services
13 or its successor agency;
14 (4) the Department of Human Services or its successor
15 agency;
16 (5) the Department of Public Health or its successor
17 agency;
18 (6) the Department of Corrections or its successor
19 agency;
20 (7) the Department of Juvenile Justice or its
21 successor agency;
22 (8) the Illinois Criminal Justice Information
23 Authority or its successor agency;
24 (9) the Illinois State Board of Education or its
25 successor agency;
26 (10) the Illinois Community College Board or its
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1 successor agency;
2 (11) the Illinois Housing Development Authority or its
3 successor agency;
4 (12) the Department of Employment Security or its
5 successor agency;
6 (13) the Department of Veterans Veterans' Affairs or
7 its successor agency;
8 (14) the Department of Military Affairs or its
9 successor agency;
10 (15) the Illinois Emergency Management Agency or its
11 successor agency;
12 (16) the Department of Commerce and Economic
13 Opportunity or its successor agency;
14 (17) any commission, board, or authority within the
15 State agencies or successor agencies listed in this
16 Section; or
17 (18) any State agency, or its successor agency,
18 designated to enter into contracts with one or more
19 authorized service providers on behalf of a State agency
20 subject to this Act.
21 (Source: P.A. 100-153, eff. 8-18-17.)
22 Section 125. The State Facilities Closure Act is amended
23 by changing Section 5-10 as follows:
24 (30 ILCS 608/5-10)
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1 Sec. 5-10. Facility closure process.
2 (a) Before a State facility may be closed, the State
3 executive branch officer with jurisdiction over the facility
4 shall file notice of the proposed closure with the Commission.
5 The notice must be filed within 2 days after the first public
6 announcement of any planned or proposed closure. Within 10
7 days after it receives notice of the proposed closure, the
8 Commission, in its discretion, may require the State executive
9 branch officer with jurisdiction over the facility to file a
10 recommendation for the closure of the facility with the
11 Commission. In the case of a proposed closure of: (i) a prison,
12 youth center, work camp, or work release center operated by
13 the Department of Corrections; (ii) a school, mental health
14 center, or center for persons with developmental disabilities
15 operated by the Department of Human Services; or (iii) a
16 residential facility operated by the Department of Veterans
17 Veterans' Affairs, the Commission must require the executive
18 branch officers to file a recommendation for closure. The
19 recommendation must be filed within 30 days after the
20 Commission delivers the request for recommendation to the
21 State executive branch officer. The recommendation must
22 include, but is not limited to, the following:
23 (1) the location and identity of the State facility
24 proposed to be closed;
25 (2) the number of employees for which the State
26 facility is the primary stationary work location and the
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1 effect of the closure of the facility on those employees;
2 (3) the location or locations to which the functions
3 and employees of the State facility would be moved;
4 (4) the availability and condition of land and
5 facilities at both the existing location and any potential
6 locations;
7 (5) the ability to accommodate the functions and
8 employees at the existing and at any potential locations;
9 (6) the cost of operations of the State facility and
10 at any potential locations and any other related budgetary
11 impacts;
12 (7) the economic impact on existing communities in the
13 vicinity of the State facility and any potential facility;
14 (8) the ability of the existing and any potential
15 community's infrastructure to support the functions and
16 employees;
17 (9) the impact on State services delivered at the
18 existing location, in direct relation to the State
19 services expected to be delivered at any potential
20 locations; and
21 (10) the environmental impact, including the impact of
22 costs related to potential environmental restoration,
23 waste management, and environmental compliance activities.
24 (b) If a recommendation is required by the Commission, a
25 30-day public comment period must follow the filing of the
26 recommendation. The Commission, in its discretion, may conduct
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1 one or more public hearings on the recommendation. In the case
2 of a proposed closure of: (i) a prison, youth center, work
3 camp, or work release center operated by the Department of
4 Corrections; (ii) a school, mental health center, or center
5 for persons with developmental disabilities operated by the
6 Department of Human Services; or (iii) a residential facility
7 operated by the Department of Veterans Veterans' Affairs, the
8 Commission must conduct one or more public hearings on the
9 recommendation. Public hearings conducted by the Commission
10 shall be conducted no later than 35 days after the filing of
11 the recommendation. At least one of the public hearings on the
12 recommendation shall be held at a convenient location within
13 25 miles of the facility for which closure is recommended. The
14 Commission shall provide reasonable notice of the comment
15 period and of any public hearings to the public and to units of
16 local government and school districts that are located within
17 25 miles of the facility.
18 (c) Within 50 days after the State executive branch
19 officer files the required recommendation, the Commission
20 shall issue an advisory opinion on that recommendation. The
21 Commission shall file the advisory opinion with the
22 appropriate State executive branch officer, the Governor, the
23 General Assembly, and the Index Department of the Office of
24 the Secretary of State and shall make copies of the advisory
25 opinion available to the public upon request.
26 (d) No action may be taken to implement the recommendation
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1 for closure of a State facility until 50 days after the filing
2 of any required recommendation.
3 (e) The requirements of this Section do not apply if all of
4 the functions and employees of a State facility are relocated
5 to another State facility that is within 10 miles of the closed
6 facility.
7 (Source: P.A. 99-143, eff. 7-27-15.)
8 Section 130. The Property Tax Code is amended by changing
9 Section 15-165 as follows:
10 (35 ILCS 200/15-165)
11 Sec. 15-165. Veterans with disabilities. Property up to an
12 assessed value of $100,000, owned and used exclusively by a
13 veteran with a disability, or the spouse or unmarried
14 surviving spouse of the veteran, as a home, is exempt. As used
15 in this Section, a "veteran with a disability" means a person
16 who has served in the Armed Forces of the United States and
17 whose disability is of such a nature that the Federal
18 Government has authorized payment for purchase or construction
19 of Specially Adapted Housing as set forth in the United States
20 Code, Title 38, Chapter 21, Section 2101.
21 The exemption applies to housing where Federal funds have
22 been used to purchase or construct special adaptations to suit
23 the veteran's disability.
24 The exemption also applies to housing that is specially
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1 adapted to suit the veteran's disability, and purchased
2 entirely or in part by the proceeds of a sale, casualty loss
3 reimbursement, or other transfer of a home for which the
4 Federal Government had previously authorized payment for
5 purchase or construction as Specially Adapted Housing.
6 However, the entire proceeds of the sale, casualty loss
7 reimbursement, or other transfer of that housing shall be
8 applied to the acquisition of subsequent specially adapted
9 housing to the extent that the proceeds equal the purchase
10 price of the subsequently acquired housing.
11 Beginning with the 2015 tax year, the exemption also
12 applies to housing that is specifically constructed or adapted
13 to suit a qualifying veteran's disability if the housing or
14 adaptations are donated by a charitable organization, the
15 veteran has been approved to receive funds for the purchase or
16 construction of Specially Adapted Housing under Title 38,
17 Chapter 21, Section 2101 of the United States Code, and the
18 home has been inspected and certified by a licensed home
19 inspector to be in compliance with applicable standards set
20 forth in U.S. Department of Veterans Affairs, Veterans
21 Benefits Administration Pamphlet 26-13 Handbook for Design of
22 Specially Adapted Housing.
23 For purposes of this Section, "charitable organization"
24 means any benevolent, philanthropic, patriotic, or
25 eleemosynary entity that solicits and collects funds for
26 charitable purposes and includes each local, county, or area
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1 division of that charitable organization.
2 For purposes of this Section, "unmarried surviving spouse"
3 means the surviving spouse of the veteran at any time after the
4 death of the veteran during which such surviving spouse is not
5 married.
6 This exemption must be reestablished on an annual basis by
7 certification from the Illinois Department of Veterans
8 Veterans' Affairs to the Department, which shall forward a
9 copy of the certification to local assessing officials.
10 A taxpayer who claims an exemption under Section 15-168 or
11 15-169 may not claim an exemption under this Section.
12 (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15.)
13 Section 140. The Mobile Home Local Services Tax Act is
14 amended by changing Section 7.5 as follows:
15 (35 ILCS 515/7.5)
16 Sec. 7.5. Exemption for veterans with disabilities.
17 (a) Beginning on January 1, 2004, a mobile home owned and
18 used exclusively by a veteran with a disability or the spouse
19 or unmarried surviving spouse of the veteran as a home, is
20 exempt from the tax imposed under this Act.
21 Beginning with the 2015 tax year, the exemption also
22 applies to housing that is specifically constructed or adapted
23 to suit a qualifying veteran's disability if the housing or
24 adaptations are donated by a charitable organization, the
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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 (b) As used in this Section:
10 "Veteran with a disability" means a person who has served
11 in the armed forces of the United States and whose disability
12 is of such a nature that the federal government has authorized
13 payment for purchase or construction of specially adapted
14 housing as set forth in the United States Code, Title 38,
15 Chapter 21, Section 2101.
16 For purposes of this Section, "charitable organization"
17 means any benevolent, philanthropic, patriotic, or
18 eleemosynary entity that solicits and collects funds for
19 charitable purposes and includes each local, county, or area
20 division of that charitable organization.
21 "Unmarried surviving spouse" means the surviving spouse of
22 the veteran at any time after the death of the veteran during
23 which the surviving spouse is not married.
24 (c) Eligibility for this exemption must be reestablished
25 on an annual basis by certification from the Illinois
26 Department of Veterans Veterans' Affairs to the county clerk
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1 of the county in which the exempt mobile home is located. The
2 county clerk shall forward a copy of the certification to
3 local assessing officials.
4 (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15.)
5 Section 145. The Illinois Pension Code is amended by
6 changing Section 14-104 as follows:
7 (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
8 Sec. 14-104. Service for which contributions permitted.
9 Contributions provided for in this Section shall cover the
10 period of service granted. Except as otherwise provided in
11 this Section, the contributions shall be based upon the
12 employee's compensation and contribution rate in effect on the
13 date he last became a member of the System; provided that for
14 all employment prior to January 1, 1969 the contribution rate
15 shall be that in effect for a noncovered employee on the date
16 he last became a member of the System. Except as otherwise
17 provided in this Section, contributions permitted under this
18 Section shall include regular interest from the date an
19 employee last became a member of the System to the date of
20 payment.
21 These contributions must be paid in full before retirement
22 either in a lump sum or in installment payments in accordance
23 with such rules as may be adopted by the board.
24 (a) Any member may make contributions as required in this
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1 Section for any period of service, subsequent to the date of
2 establishment, but prior to the date of membership.
3 (b) Any employee who had been previously excluded from
4 membership because of age at entry and subsequently became
5 eligible may elect to make contributions as required in this
6 Section for the period of service during which he was
7 ineligible.
8 (c) An employee of the Department of Insurance who, after
9 January 1, 1944 but prior to becoming eligible for membership,
10 received salary from funds of insurance companies in the
11 process of rehabilitation, liquidation, conservation or
12 dissolution, may elect to make contributions as required in
13 this Section for such service.
14 (d) Any employee who rendered service in a State office to
15 which he was elected, or rendered service in the elective
16 office of Clerk of the Appellate Court prior to the date he
17 became a member, may make contributions for such service as
18 required in this Section. Any member who served by appointment
19 of the Governor under the Civil Administrative Code of
20 Illinois and did not participate in this System may make
21 contributions as required in this Section for such service.
22 (e) Any person employed by the United States government or
23 any instrumentality or agency thereof from January 1, 1942
24 through November 15, 1946 as the result of a transfer from
25 State service by executive order of the President of the
26 United States shall be entitled to prior service credit
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1 covering the period from January 1, 1942 through December 31,
2 1943 as provided for in this Article and to membership service
3 credit for the period from January 1, 1944 through November
4 15, 1946 by making the contributions required in this Section.
5 A person so employed on January 1, 1944 but whose employment
6 began after January 1, 1942 may qualify for prior service and
7 membership service credit under the same conditions.
8 (f) An employee of the Department of Labor of the State of
9 Illinois who performed services for and under the supervision
10 of that Department prior to January 1, 1944 but who was
11 compensated for those services directly by federal funds and
12 not by a warrant of the Auditor of Public Accounts paid by the
13 State Treasurer may establish credit for such employment by
14 making the contributions required in this Section. An employee
15 of the Department of Agriculture of the State of Illinois, who
16 performed services for and under the supervision of that
17 Department prior to June 1, 1963, but was compensated for
18 those services directly by federal funds and not paid by a
19 warrant of the Auditor of Public Accounts paid by the State
20 Treasurer, and who did not contribute to any other public
21 employee retirement system for such service, may establish
22 credit for such employment by making the contributions
23 required in this Section.
24 (g) Any employee who executed a waiver of membership
25 within 60 days prior to January 1, 1944 may, at any time while
26 in the service of a department, file with the board a
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1 rescission of such waiver. Upon making the contributions
2 required by this Section, the member shall be granted the
3 creditable service that would have been received if the waiver
4 had not been executed.
5 (h) Until May 1, 1990, an employee who was employed on a
6 full-time basis by a regional planning commission for at least
7 5 continuous years may establish creditable service for such
8 employment by making the contributions required under this
9 Section, provided that any credits earned by the employee in
10 the commission's retirement plan have been terminated.
11 (i) Any person who rendered full time contractual services
12 to the General Assembly as a member of a legislative staff may
13 establish service credit for up to 8 years of such services by
14 making the contributions required under this Section, provided
15 that application therefor is made not later than July 1, 1991.
16 (j) By paying the contributions otherwise required under
17 this Section, plus an amount determined by the Board to be
18 equal to the employer's normal cost of the benefit plus
19 interest, but with all of the interest calculated from the
20 date the employee last became a member of the System or
21 November 19, 1991, whichever is later, to the date of payment,
22 an employee may establish service credit for a period of up to
23 4 years spent in active military service for which he does not
24 qualify for credit under Section 14-105, provided that (1) he
25 was not dishonorably discharged from such military service,
26 and (2) the amount of service credit established by a member
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1 under this subsection (j), when added to the amount of
2 military service credit granted to the member under subsection
3 (b) of Section 14-105, shall not exceed 5 years. The change in
4 the manner of calculating interest under this subsection (j)
5 made by this amendatory Act of the 92nd General Assembly
6 applies to credit purchased by an employee on or after its
7 effective date and does not entitle any person to a refund of
8 contributions or interest already paid. In compliance with
9 Section 14-152.1 of this Act concerning new benefit increases,
10 any new benefit increase as a result of the changes to this
11 subsection (j) made by Public Act 95-483 is funded through the
12 employee contributions provided for in this subsection (j).
13 Any new benefit increase as a result of the changes made to
14 this subsection (j) by Public Act 95-483 is exempt from the
15 provisions of subsection (d) of Section 14-152.1.
16 (k) An employee who was employed on a full-time basis by
17 the Illinois State's Attorneys Association Statewide Appellate
18 Assistance Service LEAA-ILEC grant project prior to the time
19 that project became the State's Attorneys Appellate Service
20 Commission, now the Office of the State's Attorneys Appellate
21 Prosecutor, an agency of State government, may establish
22 creditable service for not more than 60 months service for
23 such employment by making contributions required under this
24 Section.
25 (l) By paying the contributions otherwise required under
26 this Section, plus an amount determined by the Board to be
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1 equal to the employer's normal cost of the benefit plus
2 interest, a member may establish service credit for periods of
3 less than one year spent on authorized leave of absence from
4 service, provided that (1) the period of leave began on or
5 after January 1, 1982 and (2) any credit established by the
6 member for the period of leave in any other public employee
7 retirement system has been terminated. A member may establish
8 service credit under this subsection for more than one period
9 of authorized leave, and in that case the total period of
10 service credit established by the member under this subsection
11 may exceed one year. In determining the contributions required
12 for establishing service credit under this subsection, the
13 interest shall be calculated from the beginning of the leave
14 of absence to the date of payment.
15 (l-5) By paying the contributions otherwise required under
16 this Section, plus an amount determined by the Board to be
17 equal to the employer's normal cost of the benefit plus
18 interest, a member may establish service credit for periods of
19 up to 2 years spent on authorized leave of absence from
20 service, provided that during that leave the member
21 represented or was employed as an officer or employee of a
22 statewide labor organization that represents members of this
23 System. In determining the contributions required for
24 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.
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1 (m) Any person who rendered contractual services to a
2 member of the General Assembly as a worker in the member's
3 district office may establish creditable service for up to 3
4 years of those contractual services by making the
5 contributions required under this Section. The System shall
6 determine a full-time salary equivalent for the purpose of
7 calculating the required contribution. To establish credit
8 under this subsection, the applicant must apply to the System
9 by March 1, 1998.
10 (n) Any person who rendered contractual services to a
11 member of the General Assembly as a worker providing
12 constituent services to persons in the member's district may
13 establish creditable service for up to 8 years of those
14 contractual services by making the contributions required
15 under this Section. The System shall determine a full-time
16 salary equivalent for the purpose of calculating the required
17 contribution. To establish credit under this subsection, the
18 applicant must apply to the System by March 1, 1998.
19 (o) A member who participated in the Illinois Legislative
20 Staff Internship Program may establish creditable service for
21 up to one year of that participation by making the
22 contribution required under this Section. The System shall
23 determine a full-time salary equivalent for the purpose of
24 calculating the required contribution. Credit may not be
25 established under this subsection for any period for which
26 service credit is established under any other provision of
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1 this Code.
2 (p) 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, a member may establish service credit for a period
6 of up to 8 years during which he or she was employed by the
7 Visually Handicapped Managers of Illinois in a vending program
8 operated under a contractual agreement with the Department of
9 Rehabilitation Services or its successor agency.
10 This subsection (p) applies without regard to whether the
11 person was in service on or after the effective date of this
12 amendatory Act of the 94th General Assembly. In the case of a
13 person who is receiving a retirement annuity on that effective
14 date, the increase, if any, shall begin to accrue on the first
15 annuity payment date following receipt by the System of the
16 contributions required under this subsection (p).
17 (q) 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, an
20 employee who was laid off but returned to any State employment
21 may establish creditable service for the period of the layoff,
22 provided that (1) the applicant applies for the creditable
23 service under this subsection (q) within 6 months after July
24 27, 2010 (the effective date of Public Act 96-1320), (2) the
25 applicant does not receive credit for that period under any
26 other provision of this Code, (3) at the time of the layoff,
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1 the applicant is not in an initial probationary status
2 consistent with the rules of the Department of Central
3 Management Services, and (4) the total amount of creditable
4 service established by the applicant under this subsection (q)
5 does not exceed 3 years. For service established under this
6 subsection (q), the required employee contribution shall be
7 based on the rate of compensation earned by the employee on the
8 date of returning to employment after the layoff and the
9 contribution rate then in effect, and the required interest
10 shall be calculated at the actuarially assumed rate from the
11 date of returning to employment after the layoff to the date of
12 payment. Funding for any new benefit increase, as defined in
13 Section 14-152.1 of this Act, that is created under this
14 subsection (q) will be provided by the employee contributions
15 required under this subsection (q).
16 (r) A member who participated in the University of
17 Illinois Government Public Service Internship Program (GPSI)
18 may establish creditable service for up to 2 years of that
19 participation by making the contribution required under this
20 Section, plus an amount determined by the Board to be equal to
21 the employer's normal cost of the benefit plus interest. The
22 System shall determine a full-time salary equivalent for the
23 purpose of calculating the required contribution. Credit may
24 not be established under this subsection for any period for
25 which service credit is established under any other provision
26 of this Code.
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1 (s) A member who worked as a nurse under a contractual
2 agreement for the Department of Public Aid, or its successor
3 agency, the Department of Human Services, in the Client
4 Assessment Unit and was subsequently determined to be a State
5 employee by the United States Internal Revenue Service and the
6 Illinois Labor Relations Board may establish creditable
7 service for those contractual services by making the
8 contributions required under this Section. To establish credit
9 under this subsection, the applicant must apply to the System
10 by July 1, 2008.
11 The Department of Human Services shall pay an employer
12 contribution based upon an amount determined by the Board to
13 be equal to the employer's normal cost of the benefit, plus
14 interest.
15 In compliance with Section 14-152.1 added by Public Act
16 94-4, the cost of the benefits provided by Public Act 95-583
17 are offset by the required employee and employer
18 contributions.
19 (t) Any person who rendered contractual services on a
20 full-time basis to the Illinois Institute of Natural Resources
21 and the Illinois Department of Energy and Natural Resources
22 may establish creditable service for up to 4 years of those
23 contractual services by making the contributions required
24 under this Section, plus an amount determined by the Board to
25 be equal to the employer's normal cost of the benefit plus
26 interest at the actuarially assumed rate from the first day of
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1 the service for which credit is being established to the date
2 of payment. To establish credit under this subsection (t), the
3 applicant must apply to the System within 6 months after July
4 27, 2010 (the effective date of Public Act 96-1320).
5 (u) By paying the required contributions 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, a
8 member may establish creditable service and earnings credit
9 for periods of furlough beginning on or after July 1, 2008. To
10 receive this credit, the participant must (i) apply in writing
11 to the System before December 31, 2011 and (ii) not receive
12 compensation for the furlough period. For service established
13 under this subsection, the required employee contribution
14 shall be based on the rate of compensation earned by the
15 employee immediately following the date of the first furlough
16 day in the time period specified in this subsection (u), and
17 the required interest shall be calculated at the actuarially
18 assumed rate from the date of the furlough to the date of
19 payment.
20 (v) Any member who rendered full-time contractual services
21 to an Illinois Veterans Home operated by the Department of
22 Veterans Veterans' Affairs may establish service credit for up
23 to 8 years of such services by making the contributions
24 required under this Section, plus an amount determined by the
25 Board to be equal to the employer's normal cost of the benefit,
26 plus interest at the actuarially assumed rate. To establish
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1 credit under this subsection, the applicant must apply to the
2 System no later than 6 months after July 27, 2010 (the
3 effective date of Public Act 96-1320).
4 (Source: P.A. 96-97, eff. 7-27-09; 96-718, eff. 8-25-09;
5 96-775, eff. 8-28-09; 96-961, eff. 7-2-10; 96-1000, eff.
6 7-2-10; 96-1320, eff. 7-27-10; 96-1535, eff. 3-4-11; 97-333,
7 8-12-11.)
8 Section 150. The Military Family Interstate Compact
9 Implementation Statute Drafting Advisory Committee Act is
10 amended by changing Section 5 as follows:
11 (45 ILCS 175/5)
12 Sec. 5. Committee; created; mandate. The Military Family
13 Interstate Compact Implementation Statute Drafting Advisory
14 Committee is created as an interagency advisory committee to
15 develop a comprehensive statute to implement the Interstate
16 Compact on Educational Opportunity for Military Children, a
17 document developed by the National Military Family
18 Association. The Lieutenant Governor is the chair of the
19 Committee, which shall be composed of the following
20 individuals or agency designees:
21 (1) The Lieutenant Governor.
22 (2) The Illinois State Board of Education.
23 (3) The Department of Commerce and Economic
24 Opportunity.
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1 (4) The Department of Healthcare and Family Services.
2 (5) The Housing Development Authority.
3 (6) The Department of Veterans Veterans' Affairs.
4 (7) The Department of Military Affairs.
5 (8) The Department of Employment Security.
6 (9) Any other interested stakeholder, at the
7 discretion of the chair.
8 The Committee shall meet at a time and place designated by
9 the chair, but in no case shall the Committee meet less often
10 than once each month, until it has fulfilled all the
11 obligations delineated in this Act.
12 All meetings of the Committee are subject to the
13 provisions of the Open Meetings Act.
14 All proceedings of the Committee and documents produced by
15 the Committee are subject to the provisions of the Freedom of
16 Information Act.
17 The Committee shall draft and submit to the General
18 Assembly a model implementation statute and a report outlining
19 all the issues raised by the implementation by no later than
20 December 31, 2008 or within 90 days after the effective date of
21 this Act, whichever is later.
22 The Office of the Lieutenant Governor shall provide staff
23 and administrative support to the Committee.
24 (Source: P.A. 95-736, eff. 7-16-08.)
25 Section 155. The Counties Code is amended by changing
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1 Section 3-5015 as follows:
2 (55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)
3 Sec. 3-5015. Certificates of discharge or release from
4 active duty. Certificates of discharge or MEMBER-4 copy of
5 certificate of release or discharge from active duty of
6 honorably discharged or separated members of the military,
7 aviation and naval forces of the United States shall be
8 recorded by each recorder, free of charge, in a separate book
9 or computer database which shall be kept for the purpose. The
10 recorder in counties of over 500,000 population shall as soon
11 as practicable after the recording of the original discharge
12 certificate or MEMBER-4 copy of certificate of release or
13 discharge from active duty, deliver to each of the persons
14 named in the discharge certificate or MEMBER-4 copy of
15 certificate of release or discharge from active duty, or the
16 person's agent, one certified copy of the person's discharge
17 certificate or MEMBER-4 copy of certificate of release or
18 discharge from active duty without charge. Additional
19 certified copies shall be furnished by the recorder upon the
20 payment to the recorder of a fee of $1.25, payable in advance,
21 for each such additional certified copy. The recorder may
22 waive the fee for reasonable requests for additional copies if
23 the recorder deems collecting the fee to be a burden to the
24 county, but only if the fee is waived for all reasonable
25 requests for additional copies under this Section.
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1 Upon the delivery of the certificate of discharge or
2 MEMBER-4 copy of certificate of release or discharge from
3 active duty after the recordation thereof is completed, and
4 the delivery of one certified copy thereof to the person named
5 in the discharge certificate or MEMBER-4 copy of certificate
6 of release or discharge from active duty or the person's
7 agent, the receipt theretofore issued by the recorder, or a
8 copy thereof shall be surrendered to the recorder, with a
9 signed statement acknowledging the receipt of the discharge
10 certificate or MEMBER-4 copy of certificate of release or
11 discharge from active duty and the certified copy thereof.
12 Certified copies of the certificates of discharge or
13 MEMBER-4 copy of certificate of release or discharge from
14 active duty furnished by the recorder may vary from the size of
15 the original, if in the judgment of the recorder, such
16 certified copies are complete and legible.
17 A military discharge form (DD-214) or any other
18 certificate of discharge or release from active duty document
19 that was issued by the United States government or any state
20 government in reference to those who served with an active or
21 inactive military reserve unit or National Guard force and
22 that was recorded by a County Clerk or Recorder of Deeds is not
23 subject to public inspection, enjoying all the protection
24 covered by the federal Privacy Act of 1974 or any other privacy
25 law. These documents shall be accessible only to the person
26 named in the document, the named person's dependents, the
HB2547 Enrolled - 136 - LRB104 09526 KTG 19589 b
1 county veterans' service officer, representatives of the
2 Department of Veterans Veterans' Affairs, or any person with
3 written authorization from the named person or the named
4 person's dependents. Notwithstanding any other provision in
5 this paragraph, these documents shall be made available for
6 public inspection and copying in accordance with the archival
7 schedule adopted by the National Archives and Records
8 Administration and subject to redaction of information that is
9 considered private under the Illinois Freedom of Information
10 Act, the federal Freedom of Information Act, and the federal
11 Privacy Act.
12 (Source: P.A. 103-400, eff. 1-1-24.)
13 Section 160. The Counties Code is amended by changing
14 Section 5-12022 as follows:
15 (55 ILCS 5/5-12022)
16 Sec. 5-12022. Building permit fee for veterans with a
17 disability.
18 (a) A veteran with a disability or the veteran's caregiver
19 shall not be charged any building permit fee for improvements
20 to the residence of the veteran with a disability if the
21 improvements are required to accommodate a disability of the
22 veteran. Nothing in this subsection changes the obligation of
23 any person to submit to the county applications, forms, or
24 other paperwork to obtain a building permit. A veteran or
HB2547 Enrolled - 137 - LRB104 09526 KTG 19589 b
1 caregiver must provide proof of veteran status and attest to
2 the fact that the improvements to the residence are required
3 to accommodate the veteran's disability. Proof of veteran
4 status is to be construed liberally, and veteran status shall
5 include service in the Armed Forces of the United States,
6 National Guard, or the reserves of the Armed Forces of the
7 United States.
8 (b) What constitutes proof of veteran status shall be
9 determined by the county. The Illinois Department of Veterans
10 Veterans' Affairs may not adjudicate any dispute arising under
11 subsection paragraph (a).
12 (c) A home rule county may not regulate building permit
13 fees in a manner inconsistent with this Section. This Section
14 is a limitation under subsection (i) of Section 6 of Article
15 VII of the Illinois Constitution on the concurrent exercise by
16 home rule units of powers and functions exercised by the
17 State.
18 (Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.)
19 Section 165. The Township Code is amended by changing
20 Section 110-17 as follows:
21 (60 ILCS 1/110-17)
22 Sec. 110-17. Building permit fee for veterans with a
23 disability. A veteran with a disability or the veteran's
24 caregiver shall not be charged any building permit fee for
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1 improvements to the residence of the veteran with a disability
2 if the improvements are required to accommodate a disability
3 of the veteran. Nothing in this Section changes the obligation
4 of any person to submit to the township applications, forms,
5 or other paperwork to obtain a building permit. A veteran or
6 caregiver must provide proof of veteran status and attest to
7 the fact that the improvements to the residence are required
8 to accommodate the veteran's disability. Proof of veteran
9 status is to be construed liberally, and veteran status shall
10 include service in the Armed Forces of the United States,
11 National Guard, or the reserves of the Armed Forces of the
12 United States. What constitutes proof of veteran status shall
13 be determined by the township. The Illinois Department of
14 Veterans Veterans' Affairs may not adjudicate any dispute
15 arising under this paragraph.
16 (Source: P.A. 103-621, eff. 1-1-25.)
17 Section 170. The Illinois Municipal Code is amended by
18 changing Section 11-13-28 as follows:
19 (65 ILCS 5/11-13-28)
20 Sec. 11-13-28. Building permit fee for veterans with a
21 disability.
22 (a) A veteran with a disability or the veteran's caregiver
23 shall not be charged any building permit fee for improvements
24 to the residence of the veteran with a disability if the
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1 improvements are required to accommodate a disability of the
2 veteran. Nothing in this subsection changes the obligation of
3 any person to submit to the municipality applications, forms,
4 or other paperwork to obtain a building permit. A veteran or
5 caregiver must provide proof of veteran status and attest to
6 the fact that the improvements to the residence are required
7 to accommodate the veteran's disability. Proof of veteran
8 status is to be construed liberally, and veteran status shall
9 include service in the Armed Forces of the United States,
10 National Guard, or the reserves of the Armed Forces of the
11 United States.
12 (b) What constitutes proof of veteran status shall be
13 determined by the municipality. The Illinois Department of
14 Veterans Veterans' Affairs may not adjudicate any dispute
15 arising under subsection paragraph (a).
16 (c) A home rule municipality may not regulate building
17 permit fees in a manner inconsistent with this Section. This
18 Section is a limitation under subsection (i) of Section 6 of
19 Article VII of the Illinois Constitution on the concurrent
20 exercise by home rule units of powers and functions exercised
21 by the State.
22 (Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.)
23 Section 175. The School Code is amended by changing
24 Section 30-14.2 as follows:
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1 (105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
2 Sec. 30-14.2. Deceased, Disabled, and MIA/POW Veterans'
3 Dependents scholarship.
4 (a) Any spouse, natural child, legally adopted child under
5 the age of 18 at the time of adoption, minor child younger than
6 18 who is under a court-ordered guardianship for at least 2
7 continuous years prior to application, or step-child under the
8 age of 18 at the time of marriage of an eligible veteran or
9 serviceperson who possesses all necessary entrance
10 requirements shall, upon application and proper proof, be
11 awarded a MIA/POW Scholarship consisting of the equivalent of
12 4 calendar years of full-time enrollment including summer
13 terms, to the state supported Illinois institution of higher
14 learning of his choice, subject to the restrictions listed
15 below.
16 "Eligible veteran or serviceperson" means any veteran or
17 serviceperson, including an Illinois National Guard member who
18 is on active duty or is active on a training assignment, who
19 has been declared by the U.S. Department of Defense or the U.S.
20 Department of Veterans Affairs to be a prisoner of war or
21 missing in action, or has died as the result of a
22 service-connected disability or has become a person with a
23 permanent disability from service-connected causes with 100%
24 disability and who (i) at the time of entering service was an
25 Illinois resident, or (ii) was an Illinois resident within 6
26 months after entering such service, or (iii) is a resident of
HB2547 Enrolled - 141 - LRB104 09526 KTG 19589 b
1 Illinois at the time of application for the Scholarship and,
2 at some point after entering such service, was a resident of
3 Illinois for at least 15 consecutive years.
4 Full-time enrollment means 12 or more semester hours of
5 courses per semester, or 12 or more quarter hours of courses
6 per quarter, or the equivalent thereof per term. Scholarships
7 utilized by dependents enrolled in less than full-time study
8 shall be computed in the proportion which the number of hours
9 so carried bears to full-time enrollment.
10 Scholarships awarded under this Section may be used by a
11 spouse or child without regard to his or her age. The holder of
12 a Scholarship awarded under this Section shall be subject to
13 all examinations and academic standards, including the
14 maintenance of minimum grade levels, that are applicable
15 generally to other enrolled students at the Illinois
16 institution of higher learning where the Scholarship is being
17 used. If the surviving spouse remarries or if there is a
18 divorce between the veteran or serviceperson and his or her
19 spouse while the dependent is pursuing his or her course of
20 study, Scholarship benefits will be terminated at the end of
21 the term for which he or she is presently enrolled. Such
22 dependents shall also be entitled, upon proper proof and
23 application, to enroll in any extension course offered by a
24 State supported Illinois institution of higher learning
25 without payment of tuition and approved fees.
26 The holder of a MIA/POW Scholarship authorized under this
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1 Section shall not be required to pay any tuition or mandatory
2 fees while attending a State-controlled university or public
3 community college in this State for a period equivalent to 4
4 years of enrollment, including summer terms.
5 Any dependent who has been or shall be awarded a MIA/POW
6 Scholarship shall be reimbursed by the appropriate institution
7 of higher learning for any fees which he or she has paid and
8 for which exemption is granted under this Section if
9 application for reimbursement is made within 2 months
10 following the end of the school term for which the fees were
11 paid.
12 (b) In lieu of the benefit provided in subsection (a), any
13 spouse, natural child, legally adopted child, or step-child of
14 an eligible veteran or serviceperson, which spouse or child
15 has a physical, mental or developmental disability, shall be
16 entitled to receive, upon application and proper proof, a
17 benefit to be used for the purpose of defraying the cost of the
18 attendance or treatment of such spouse or child at one or more
19 appropriate therapeutic, rehabilitative or educational
20 facilities. The application and proof may be made by the
21 parent or legal guardian of the spouse or child on his or her
22 behalf.
23 The total benefit provided to any beneficiary under this
24 subsection shall not exceed the cost equivalent of 4 calendar
25 years of full-time enrollment, including summer terms, at the
26 University of Illinois. Whenever practicable in the opinion of
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1 the Department of Veterans Veterans' Affairs, payment of
2 benefits under this subsection shall be made directly to the
3 facility, the cost of attendance or treatment at which is
4 being defrayed, as such costs accrue.
5 (c) The benefits of this Section shall be administered by
6 and paid for out of funds made available to the Illinois
7 Department of Veterans Veterans' Affairs. The amounts that
8 become due to any state supported Illinois institution of
9 higher learning shall be payable by the Comptroller to such
10 institution on vouchers approved by the Illinois Department of
11 Veterans Veterans' Affairs. The amounts that become due under
12 subsection (b) of this Section shall be payable by warrant
13 upon vouchers issued by the Illinois Department of Veterans
14 Veterans' Affairs and approved by the Comptroller. The
15 Illinois Department of Veterans Veterans' Affairs shall
16 determine the eligibility of the persons who make application
17 for the benefits provided for in this Section.
18 (Source: P.A. 101-334, eff. 8-9-19; 102-855, eff. 5-13-22.)
19 Section 180. The Higher Education Veterans Service Act is
20 amended by changing Section 15 as follows:
21 (110 ILCS 49/15)
22 Sec. 15. Survey; coordinator; best practices report; best
23 efforts.
24 (a) All public colleges and universities shall, within 60
HB2547 Enrolled - 144 - LRB104 09526 KTG 19589 b
1 days after the effective date of this Act, conduct a survey of
2 the services and programs that are provided for veterans,
3 active duty military personnel, and their families, at each of
4 their respective campuses. This survey shall enumerate and
5 fully describe the service or program that is available, the
6 number of veterans or active duty personnel using the service
7 or program, an estimated range for potential use within a
8 5-year and 10-year period, information on the location of the
9 service or program, and how its administrators may be
10 contacted. The survey shall indicate the manner or manners in
11 which a student veteran may avail himself or herself of the
12 program's services. This survey must be made available to all
13 veterans matriculating at the college or university in the
14 form of an orientation-related guidebook.
15 Each public college and university shall make the survey
16 available on the homepage of all campus Internet links as soon
17 as practical after the completion of the survey. As soon as
18 possible after the completion of the survey, each public
19 college and university shall provide a copy of its survey to
20 the following:
21 (1) the Board of Higher Education;
22 (2) the Department of Veterans Veterans' Affairs;
23 (3) the President and Minority Leader of the Senate
24 and the Speaker and Minority Leader of the House of
25 Representatives; and
26 (4) the Governor.
HB2547 Enrolled - 145 - LRB104 09526 KTG 19589 b
1 (b) Each public college and university shall, at its
2 discretion, (i) appoint, within 6 months after August 7, 2009
3 (the effective date of this Act), an existing employee or (ii)
4 hire a new employee to serve as a Coordinator of Veterans and
5 Military Personnel Student Services on each campus of the
6 college or university that has an onsite, daily, full-time
7 student headcount above 1,000 students.
8 The Coordinator of Veterans and Military Personnel Student
9 Services shall be an ombudsperson serving the specific needs
10 of student veterans and military personnel and their families
11 and shall serve as an advocate before the administration of
12 the college or university for the needs of student veterans.
13 The college or university shall enable the Coordinator of
14 Veterans and Military Personnel Student Services to
15 communicate directly with the senior executive administration
16 of the college or university periodically. The college or
17 university shall retain unfettered discretion to determine the
18 organizational management structure of its institution.
19 In addition to any responsibilities the college or
20 university may assign, the Coordinator of Veterans and
21 Military Personnel Student Services shall make its best
22 efforts to create a centralized source for student veterans
23 and military personnel to learn how to receive all benefit
24 programs and services for which they are eligible.
25 Each college and university campus that is required to
26 have a Coordinator of Veterans and Military Personnel Student
HB2547 Enrolled - 146 - LRB104 09526 KTG 19589 b
1 Services shall regularly and conspicuously advertise the
2 office location and phone number of and Internet access to the
3 Coordinator of Veterans and Military Personnel Student
4 Services, along with a brief summary of the manner in which he
5 or she can assist student veterans. The advertisement shall
6 include, but is not necessarily limited to, the following:
7 (1) advertisements on each campus' Internet home page;
8 (2) any promotional mailings for student application;
9 and
10 (3) the website and any social media accounts of the
11 public college or university.
12 The Coordinator of Veterans and Military Personnel Student
13 Services shall facilitate other campus offices with the
14 promotion of programs and services that are available.
15 (c) Upon receipt of all of the surveys under subsection
16 (a) of this Section, the Board of Higher Education and the
17 Department of Veterans Veterans' Affairs shall conduct a joint
18 review of the surveys. The Department of Veterans Veterans'
19 Affairs shall post, on any Internet home page it may operate, a
20 link to each survey as posted on the Internet website for the
21 college or university. The Board of Higher Education shall
22 post, on any Internet home page it may operate, a link to each
23 survey as posted on the Internet website for the college or
24 university or an annual report or document containing survey
25 information for each college or university. Upon receipt of
26 all of the surveys, the Office of the Governor, through its
HB2547 Enrolled - 147 - LRB104 09526 KTG 19589 b
1 military affairs advisors, shall similarly conduct a review of
2 the surveys. Following its review of the surveys, the Office
3 of the Governor shall submit an evaluation report to each
4 college and university offering suggestions and insight on the
5 conduct of student veteran-related policies and programs.
6 (d) The Board of Higher Education and the Department of
7 Veterans Veterans' Affairs may issue a best practices report
8 to highlight those programs and services that are most
9 beneficial to veterans and active duty military personnel. The
10 report shall contain a fiscal needs assessment in conjunction
11 with any program recommendations.
12 (e) Each college and university campus that is required to
13 have a Coordinator of Veterans and Military Personnel Student
14 Services under subsection (b) of this Section shall make its
15 best efforts to create academic and social programs and
16 services for veterans and active duty military personnel that
17 will provide reasonable opportunities for academic performance
18 and success.
19 Each public college and university shall make its best
20 efforts to determine how its online educational curricula can
21 be expanded or altered to serve the needs of student veterans
22 and currently deployed military, including a determination of
23 whether and to what extent the public colleges and
24 universities can share existing technologies to improve the
25 online curricula of peer institutions, provided such efforts
26 are both practically and economically feasible.
HB2547 Enrolled - 148 - LRB104 09526 KTG 19589 b
1 (Source: P.A. 102-278, eff. 8-6-21; 102-295, eff. 8-6-21;
2 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
3 Section 190. The University of Illinois Act is amended by
4 changing Section 8 as follows:
5 (110 ILCS 305/8) (from Ch. 144, par. 29)
6 Sec. 8. Admissions.
7 (a) (Blank).
8 (b) No new student shall be admitted to instruction in any
9 of the departments or colleges of the University unless such
10 student also has satisfactorily completed:
11 (1) at least 15 units of high school coursework from
12 the following 5 categories:
13 (A) 4 years of English (emphasizing written and
14 oral communications and literature), of which up to 2
15 years may be collegiate level instruction;
16 (B) 3 years of social studies (emphasizing history
17 and government);
18 (C) 3 years of mathematics (introductory through
19 advanced algebra, geometry, trigonometry, or
20 fundamentals of computer programming);
21 (D) 3 years of science (laboratory sciences or
22 agricultural sciences); and
23 (E) 2 years of electives in foreign language
24 (which may be deemed to include American Sign
HB2547 Enrolled - 149 - LRB104 09526 KTG 19589 b
1 Language), music, career and technical education,
2 agricultural education, or art;
3 (2) except that institutions may admit individual
4 applicants if the institution determines through
5 assessment or through evaluation based on learning
6 outcomes of the coursework taken, including career and
7 technical education courses and courses taken in a charter
8 school established under Article 27A of the School Code,
9 that the applicant demonstrates knowledge and skills
10 substantially equivalent to the knowledge and skills
11 expected to be acquired in the high school courses
12 required for admission. The Board of Trustees of the
13 University of Illinois shall not discriminate in the
14 University's admissions process against an applicant for
15 admission because of the applicant's enrollment in a
16 charter school established under Article 27A of the School
17 Code. Institutions may also admit 1) applicants who did
18 not have an opportunity to complete the minimum college
19 preparatory curriculum in high school, and 2)
20 educationally disadvantaged applicants who are admitted to
21 the formal organized special assistance programs that are
22 tailored to the needs of such students, providing that in
23 either case, the institution incorporates in the
24 applicant's baccalaureate curriculum courses or other
25 academic activities that compensate for course
26 deficiencies; and
HB2547 Enrolled - 150 - LRB104 09526 KTG 19589 b
1 (3) except that up to 3 of the 15 units of coursework
2 required by paragraph (1) of this subsection may be
3 distributed by deducting no more than one unit each from
4 the categories of social studies, mathematics, sciences
5 and electives and completing those 3 units in any of the 5
6 categories of coursework described in paragraph (1).
7 (c) When allocating funds, local boards of education shall
8 recognize their obligation to their students to offer the
9 coursework required by subsection (b).
10 (d) A student who has graduated from high school and has
11 scored within the University's accepted range on the ACT or
12 SAT shall not be required to take a high school equivalency
13 test as a prerequisite to admission.
14 (e) The Board of Trustees shall establish an admissions
15 process in which honorably discharged veterans are permitted
16 to submit an application for admission to the University as a
17 freshman student enrolling in the spring semester if the
18 veteran was on active duty during the fall semester. The
19 University may request that the Department of Veterans
20 Veterans' Affairs confirm the status of an applicant as an
21 honorably discharged veteran who was on active duty during the
22 fall semester.
23 (f) Beginning with the 2025-2026 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
HB2547 Enrolled - 151 - LRB104 09526 KTG 19589 b
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 195. The Southern Illinois University Management
13 Act is amended by changing Section 8e as follows:
14 (110 ILCS 520/8e) (from Ch. 144, par. 658e)
15 Sec. 8e. Admissions.
16 (a) No new student shall be admitted to instruction in any
17 of the departments or colleges of the University unless such
18 student also has satisfactorily completed:
19 (1) at least 15 units of high school coursework from
20 the following 5 categories:
21 (A) 4 years of English (emphasizing written and
22 oral communications and literature), of which up to 2
23 years may be collegiate level instruction;
24 (B) 3 years of social studies (emphasizing history
HB2547 Enrolled - 152 - LRB104 09526 KTG 19589 b
1 and government);
2 (C) 3 years of mathematics (introductory through
3 advanced algebra, geometry, trigonometry, or
4 fundamentals of computer programming);
5 (D) 3 years of science (laboratory sciences or
6 agricultural sciences); and
7 (E) 2 years of electives in foreign language
8 (which may be deemed to include American Sign
9 Language), music, career and technical education,
10 agricultural education, or art;
11 (2) except that institutions may admit individual
12 applicants if the institution determines through
13 assessment or through evaluation based on learning
14 outcomes of the coursework taken, including career and
15 technical education courses and courses taken in a charter
16 school established under Article 27A of the School Code,
17 that the applicant demonstrates knowledge and skills
18 substantially equivalent to the knowledge and skills
19 expected to be acquired in the high school courses
20 required for admission. The Board of Trustees of Southern
21 Illinois University shall not discriminate in the
22 University's admissions process against an applicant for
23 admission because of the applicant's enrollment in a
24 charter school established under Article 27A of the School
25 Code. Institutions may also admit 1) applicants who did
26 not have an opportunity to complete the minimum college
HB2547 Enrolled - 153 - LRB104 09526 KTG 19589 b
1 preparatory curriculum in high school, and 2)
2 educationally disadvantaged applicants who are admitted to
3 the formal organized special assistance programs that are
4 tailored to the needs of such students, providing that in
5 either case, the institution incorporates in the
6 applicant's baccalaureate curriculum courses or other
7 academic activities that compensate for course
8 deficiencies; and
9 (3) except that up to 3 of 15 units of coursework
10 required by paragraph (1) of this subsection may be
11 distributed by deducting no more than one unit each from
12 the categories of social studies, mathematics, sciences
13 and electives and completing those 3 units in any of the 5
14 categories of coursework described in paragraph (1).
15 (b) When allocating funds, local boards of education shall
16 recognize their obligation to their students to offer the
17 coursework required by subsection (a).
18 (c) A student who has graduated from high school and has
19 scored within the University's accepted range on the ACT or
20 SAT shall not be required to take a high school equivalency
21 test as a prerequisite to admission.
22 (d) The Board shall establish an admissions process in
23 which honorably discharged veterans are permitted to submit an
24 application for admission to the University as a freshman
25 student enrolling in the spring semester if the veteran was on
26 active duty during the fall semester. The University may
HB2547 Enrolled - 154 - LRB104 09526 KTG 19589 b
1 request that the Department of Veterans Veterans' Affairs
2 confirm the status of an applicant as an honorably discharged
3 veteran who was on active duty during the fall semester.
4 (e) Beginning with the 2025-2026 academic year, the
5 University shall provide all Illinois students transferring
6 from a public community college in this State with the
7 University's undergraduate transfer admissions application fee
8 waiver policy and, if such a policy exists, any application or
9 forms necessary to apply for a fee waiver as part of the
10 University's transfer admissions process. The University is
11 encouraged to develop a policy to automatically waive the
12 undergraduate transfer admissions application fee for
13 low-income Illinois students transferring from a public
14 community college in this State. The University shall post
15 this policy in an easily accessible place on the University's
16 Internet website.
17 (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
18 103-936, eff. 8-9-24.)
19 Section 200. The Chicago State University Law is amended
20 by changing Section 5-85 as follows:
21 (110 ILCS 660/5-85)
22 Sec. 5-85. Admissions.
23 (a) No new student shall be admitted to instruction in any
24 of the departments or colleges of the Chicago State University
HB2547 Enrolled - 155 - LRB104 09526 KTG 19589 b
1 unless such student also has satisfactorily completed:
2 (1) at least 15 units of high school coursework from
3 the following 5 categories:
4 (A) 4 years of English (emphasizing written and
5 oral communications and literature), of which up to 2
6 years may be collegiate level instruction;
7 (B) 3 years of social studies (emphasizing history
8 and government);
9 (C) 3 years of mathematics (introductory through
10 advanced algebra, geometry, trigonometry, or
11 fundamentals of computer programming);
12 (D) 3 years of science (laboratory sciences or
13 agricultural sciences); and
14 (E) 2 years of electives in foreign language
15 (which may be deemed to include American Sign
16 Language), music, career and technical education,
17 agricultural education, or art;
18 (2) except that Chicago State University may admit
19 individual applicants if it determines through assessment
20 or through evaluation based on learning outcomes of the
21 coursework taken, including career and technical education
22 courses and courses taken in a charter school established
23 under Article 27A of the School Code, that the applicant
24 demonstrates knowledge and skills substantially equivalent
25 to the knowledge and skills expected to be acquired in the
26 high school courses required for admission. The Board of
HB2547 Enrolled - 156 - LRB104 09526 KTG 19589 b
1 Trustees of Chicago State University shall not
2 discriminate in the University's admissions process
3 against an applicant for admission because of the
4 applicant's enrollment in a charter school established
5 under Article 27A of the School Code. Chicago State
6 University may also admit (i) applicants who did not have
7 an opportunity to complete the minimum college preparatory
8 curriculum in high school, and (ii) educationally
9 disadvantaged applicants who are admitted to the formal
10 organized special assistance programs that are tailored to
11 the needs of such students, providing that in either case,
12 the institution incorporates in the applicant's
13 baccalaureate curriculum courses or other academic
14 activities that compensate for course deficiencies; and
15 (3) except that up to 3 of 15 units of coursework
16 required by paragraph (1) of this subsection may be
17 distributed by deducting no more than one unit each from
18 the categories of social studies, mathematics, sciences
19 and electives and completing those 3 units in any of the 5
20 categories of coursework described in paragraph (1).
21 (b) When allocating funds, local boards of education shall
22 recognize their obligation to their students to offer the
23 coursework required by subsection (a).
24 (c) A student who has graduated from high school and has
25 scored within the University's accepted range on the ACT or
26 SAT shall not be required to take a high school equivalency
HB2547 Enrolled - 157 - LRB104 09526 KTG 19589 b
1 test as a prerequisite to admission.
2 (d) The Board shall establish an admissions process in
3 which honorably discharged veterans are permitted to submit an
4 application for admission to the University as a freshman
5 student enrolling in the spring semester if the veteran was on
6 active duty during the fall semester. The University may
7 request that the Department of Veterans Veterans' Affairs
8 confirm the status of an applicant as an honorably discharged
9 veteran who was on active duty during the fall semester.
10 (e) Beginning with the 2025-2026 academic year, the
11 University shall provide all Illinois students transferring
12 from a public community college in this State with the
13 University's undergraduate transfer admissions application fee
14 waiver policy and, if such a policy exists, any application or
15 forms necessary to apply for a fee waiver as part of the
16 University's transfer admissions process. The University is
17 encouraged to develop a policy to automatically waive the
18 undergraduate transfer admissions application fee for
19 low-income Illinois students transferring from a public
20 community college in this State. The University shall post
21 this policy in an easily accessible place on the University's
22 Internet website.
23 (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
24 103-936, eff. 8-9-24.)
25 Section 205. The Eastern Illinois University Law is
HB2547 Enrolled - 158 - LRB104 09526 KTG 19589 b
1 amended by changing Section 10-85 as follows:
2 (110 ILCS 665/10-85)
3 Sec. 10-85. Admissions.
4 (a) No new student shall be admitted to instruction in any
5 of the departments or colleges of the Eastern Illinois
6 University unless such student also has satisfactorily
7 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 Eastern Illinois University may admit
25 individual applicants if it determines through assessment
HB2547 Enrolled - 159 - LRB104 09526 KTG 19589 b
1 or through evaluation based on learning outcomes of the
2 coursework taken, including career and technical education
3 courses and courses taken in a charter school established
4 under Article 27A of the School Code, that the applicant
5 demonstrates knowledge and skills substantially equivalent
6 to the knowledge and skills expected to be acquired in the
7 high school courses required for admission. The Board of
8 Trustees of Eastern Illinois University shall not
9 discriminate in the University's admissions process
10 against an applicant for admission because of the
11 applicant's enrollment in a charter school established
12 under Article 27A of the School Code. Eastern Illinois
13 University may also admit (i) applicants who did not have
14 an opportunity to complete the minimum college preparatory
15 curriculum in high school, and (ii) educationally
16 disadvantaged applicants who are admitted to the formal
17 organized special assistance programs that are tailored to
18 the needs of such students, providing that in either case,
19 the institution incorporates in the applicant's
20 baccalaureate curriculum courses or other academic
21 activities that compensate for course deficiencies; and
22 (3) except that up to 3 of 15 units of coursework
23 required by paragraph (1) of this subsection may be
24 distributed by deducting no more than one unit each from
25 the categories of social studies, mathematics, sciences
26 and electives and completing those 3 units in any of the 5
HB2547 Enrolled - 160 - LRB104 09526 KTG 19589 b
1 categories of coursework described in paragraph (1).
2 (b) When allocating funds, local boards of education shall
3 recognize their obligation to their students to offer the
4 coursework required by subsection (a).
5 (c) A student who has graduated from high school and has
6 scored within the University's accepted range on the ACT or
7 SAT shall not be required to take a high school equivalency
8 test as a prerequisite to admission.
9 (d) The Board shall establish an admissions process in
10 which honorably discharged veterans are permitted to submit an
11 application for admission to the University as a freshman
12 student enrolling in the spring semester if the veteran was on
13 active duty during the fall semester. The University may
14 request that the Department of Veterans Veterans' Affairs
15 confirm the status of an applicant as an honorably discharged
16 veteran who was on active duty during the fall semester.
17 (e) Beginning with the 2025-2026 academic year, the
18 University shall provide all Illinois students transferring
19 from a public community college in this State with the
20 University's undergraduate transfer admissions application fee
21 waiver policy and, if such a policy exists, any application or
22 forms necessary to apply for a fee waiver as part of the
23 University's transfer admissions process. The University is
24 encouraged to develop a policy to automatically waive the
25 undergraduate transfer admissions application fee for
26 low-income Illinois students transferring from a public
HB2547 Enrolled - 161 - LRB104 09526 KTG 19589 b
1 community college in this State. The University shall post
2 this policy in an easily accessible place on the University's
3 Internet website.
4 (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
5 103-936, eff. 8-9-24.)
6 Section 210. The Governors State University Law is amended
7 by changing Section 15-85 as follows:
8 (110 ILCS 670/15-85)
9 Sec. 15-85. Admissions.
10 (a) No new student shall be admitted to instruction in any
11 of the departments or colleges of the Governors State
12 University unless such student also has satisfactorily
13 completed:
14 (1) at least 15 units of high school coursework from
15 the following 5 categories:
16 (A) 4 years of English (emphasizing written and
17 oral communications and literature), of which up to 2
18 years may be collegiate level instruction;
19 (B) 3 years of social studies (emphasizing history
20 and government);
21 (C) 3 years of mathematics (introductory through
22 advanced algebra, geometry, trigonometry, or
23 fundamentals of computer programming);
24 (D) 3 years of science (laboratory sciences or
HB2547 Enrolled - 162 - LRB104 09526 KTG 19589 b
1 agricultural sciences); and
2 (E) 2 years of electives in foreign language
3 (which may be deemed to include American Sign
4 Language), music, career and technical education,
5 agricultural education, or art;
6 (2) except that Governors State University may admit
7 individual applicants if it determines through assessment
8 or through evaluation based on learning outcomes of the
9 coursework taken, including career and technical education
10 courses and courses taken in a charter school established
11 under Article 27A of the School Code, that the applicant
12 demonstrates knowledge and skills substantially equivalent
13 to the knowledge and skills expected to be acquired in the
14 high school courses required for admission. The Board of
15 Trustees of Governors State University shall not
16 discriminate in the University's admissions process
17 against an applicant for admission because of the
18 applicant's enrollment in a charter school established
19 under Article 27A of the School Code. Governors State
20 University may also admit (i) applicants who did not have
21 an opportunity to complete the minimum college preparatory
22 curriculum in high school, and (ii) educationally
23 disadvantaged applicants who are admitted to the formal
24 organized special assistance programs that are tailored to
25 the needs of such students, providing that in either case,
26 the institution incorporates in the applicant's
HB2547 Enrolled - 163 - LRB104 09526 KTG 19589 b
1 baccalaureate curriculum courses or other academic
2 activities that compensate for course deficiencies; and
3 (3) except that up to 3 of 15 units of coursework
4 required by paragraph (1) of this subsection may be
5 distributed by deducting no more than one unit each from
6 the categories of social studies, mathematics, sciences
7 and electives and completing those 3 units in any of the 5
8 categories of coursework described in paragraph (1).
9 (b) When allocating funds, local boards of education shall
10 recognize their obligation to their students to offer the
11 coursework required by subsection (a).
12 (c) A student who has graduated from high school and has
13 scored within the University's accepted range on the ACT or
14 SAT shall not be required to take a high school equivalency
15 test as a prerequisite to admission.
16 (d) The Board shall establish an admissions process in
17 which honorably discharged veterans are permitted to submit an
18 application for admission to the University as a freshman
19 student enrolling in the spring semester if the veteran was on
20 active duty during the fall semester. The University may
21 request that the Department of Veterans Veterans' Affairs
22 confirm the status of an applicant as an honorably discharged
23 veteran who was on active duty during the fall semester.
24 (e) Beginning with the 2025-2026 academic year, the
25 University shall provide all Illinois students transferring
26 from a public community college in this State with the
HB2547 Enrolled - 164 - LRB104 09526 KTG 19589 b
1 University's undergraduate transfer admissions application fee
2 waiver policy and, if such a policy exists, any application or
3 forms necessary to apply for a fee waiver as part of the
4 University's transfer admissions process. The University is
5 encouraged to develop a policy to automatically waive the
6 undergraduate transfer admissions application fee for
7 low-income Illinois students transferring from a public
8 community college in this State. The University shall post
9 this policy in an easily accessible place on the University's
10 Internet website.
11 (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
12 103-936, eff. 8-9-24.)
13 Section 215. The Illinois State University Law is amended
14 by changing Section 20-85 as follows:
15 (110 ILCS 675/20-85)
16 Sec. 20-85. Admissions.
17 (a) No new student shall be admitted to instruction in any
18 of the departments or colleges of the Illinois State
19 University unless such student also has satisfactorily
20 completed:
21 (1) at least 15 units of high school coursework from
22 the following 5 categories:
23 (A) 4 years of English (emphasizing written and
24 oral communications and literature), of which up to 2
HB2547 Enrolled - 165 - LRB104 09526 KTG 19589 b
1 years may be collegiate level instruction;
2 (B) 3 years of social studies (emphasizing history
3 and government);
4 (C) 3 years of mathematics (introductory through
5 advanced algebra, geometry, trigonometry, or
6 fundamentals of computer programming);
7 (D) 3 years of science (laboratory sciences or
8 agricultural sciences); and
9 (E) 2 years of electives in foreign language
10 (which may be deemed to include American Sign
11 Language), music, career and technical education,
12 agricultural education, or art;
13 (2) except that Illinois State University may admit
14 individual applicants if it determines through assessment
15 or through evaluation based on learning outcomes of the
16 coursework taken, including career and technical education
17 courses and courses taken in a charter school established
18 under Article 27A of the School Code, that the applicant
19 demonstrates knowledge and skills substantially equivalent
20 to the knowledge and skills expected to be acquired in the
21 high school courses required for admission. The Board of
22 Trustees of Illinois State University shall not
23 discriminate in the University's admissions process
24 against an applicant for admission because of the
25 applicant's enrollment in a charter school established
26 under Article 27A of the School Code. Illinois State
HB2547 Enrolled - 166 - LRB104 09526 KTG 19589 b
1 University may also admit (i) applicants who did not have
2 an opportunity to complete the minimum college preparatory
3 curriculum in high school, and (ii) educationally
4 disadvantaged applicants who are admitted to the formal
5 organized special assistance programs that are tailored to
6 the needs of such students, providing that in either case,
7 the institution incorporates in the applicant's
8 baccalaureate curriculum courses or other academic
9 activities that compensate for course deficiencies; and
10 (3) except that up to 3 of 15 units of coursework
11 required by paragraph (1) of this subsection may be
12 distributed by deducting no more than one unit each from
13 the categories of social studies, mathematics, sciences
14 and electives and completing those 3 units in any of the 5
15 categories of coursework described in paragraph (1).
16 (b) When allocating funds, local boards of education shall
17 recognize their obligation to their students to offer the
18 coursework required by subsection (a).
19 (c) A student who has graduated from high school and has
20 scored within the University's accepted range on the ACT or
21 SAT shall not be required to take a high school equivalency
22 test as a prerequisite to admission.
23 (d) The Board shall establish an admissions process in
24 which honorably discharged veterans are permitted to submit an
25 application for admission to the University as a freshman
26 student enrolling in the spring semester if the veteran was on
HB2547 Enrolled - 167 - LRB104 09526 KTG 19589 b
1 active duty during the fall semester. The University may
2 request that the Department of Veterans Veterans' Affairs
3 confirm the status of an applicant as an honorably discharged
4 veteran who was on active duty during the fall semester.
5 (e) Beginning with the 2025-2026 academic year, the
6 University shall provide all Illinois students transferring
7 from a public community college in this State with the
8 University's undergraduate transfer admissions application fee
9 waiver policy and, if such a policy exists, any application or
10 forms necessary to apply for a fee waiver as part of the
11 University's transfer admissions process. The University is
12 encouraged to develop a policy to automatically waive the
13 undergraduate transfer admissions application fee for
14 low-income Illinois students transferring from a public
15 community college in this State. The University shall post
16 this policy in an easily accessible place on the University's
17 Internet website.
18 (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
19 103-936, eff. 8-9-24.)
20 Section 220. The Northeastern Illinois University Law is
21 amended by changing Section 25-85 as follows:
22 (110 ILCS 680/25-85)
23 Sec. 25-85. Admissions.
24 (a) No new student shall be admitted to instruction in any
HB2547 Enrolled - 168 - LRB104 09526 KTG 19589 b
1 of the departments or colleges of the Northeastern Illinois
2 University unless such student also has satisfactorily
3 completed:
4 (1) at least 15 units of high school coursework from
5 the following 5 categories:
6 (A) 4 years of English (emphasizing written and
7 oral communications and literature), of which up to 2
8 years may be collegiate level instruction;
9 (B) 3 years of social studies (emphasizing history
10 and government);
11 (C) 3 years of mathematics (introductory through
12 advanced algebra, geometry, trigonometry, or
13 fundamentals of computer programming);
14 (D) 3 years of science (laboratory sciences or
15 agricultural sciences); and
16 (E) 2 years of electives in foreign language
17 (which may be deemed to include American Sign
18 Language), music, career and technical education,
19 agricultural education, or art;
20 (2) except that Northeastern Illinois University may
21 admit individual applicants if it determines through
22 assessment or through evaluation based on learning
23 outcomes of the coursework taken, including career and
24 technical education courses and courses taken in a charter
25 school established under Article 27A of the School Code,
26 that the applicant demonstrates knowledge and skills
HB2547 Enrolled - 169 - LRB104 09526 KTG 19589 b
1 substantially equivalent to the knowledge and skills
2 expected to be acquired in the high school courses
3 required for admission. The Board of Trustees of
4 Northeastern Illinois University shall not discriminate in
5 the University's admissions process against an applicant
6 for admission because of the applicant's enrollment in a
7 charter school established under Article 27A of the School
8 Code. Northeastern Illinois University may also admit (i)
9 applicants who did not have an opportunity to complete the
10 minimum college preparatory curriculum in high school, and
11 (ii) educationally disadvantaged applicants who are
12 admitted to the formal organized special assistance
13 programs that are tailored to the needs of such students,
14 providing that in either case, the institution
15 incorporates in the applicant's baccalaureate curriculum
16 courses or other academic activities that compensate for
17 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).
HB2547 Enrolled - 170 - LRB104 09526 KTG 19589 b
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;
HB2547 Enrolled - 171 - LRB104 09526 KTG 19589 b
1 103-936, eff. 8-9-24.)
2 Section 225. The Northern Illinois University Law is
3 amended by changing Section 30-85 as follows:
4 (110 ILCS 685/30-85)
5 Sec. 30-85. Admissions.
6 (a) No new student shall be admitted to instruction in any
7 of the departments or colleges of the Northern Illinois
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,
HB2547 Enrolled - 172 - LRB104 09526 KTG 19589 b
1 agricultural education, or art;
2 (2) except that Northern Illinois 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 Northern Illinois 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. Northern Illinois
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
HB2547 Enrolled - 173 - LRB104 09526 KTG 19589 b
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
HB2547 Enrolled - 174 - LRB104 09526 KTG 19589 b
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 230. The Western Illinois University Law is
10 amended by changing Section 35-85 as follows:
11 (110 ILCS 690/35-85)
12 Sec. 35-85. Admissions.
13 (a) No new student shall be admitted to instruction in any
14 of the departments or colleges of the Western Illinois
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
HB2547 Enrolled - 175 - LRB104 09526 KTG 19589 b
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 Western Illinois 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 Western Illinois 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. Western Illinois
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
HB2547 Enrolled - 176 - LRB104 09526 KTG 19589 b
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.
HB2547 Enrolled - 177 - LRB104 09526 KTG 19589 b
1 (e) Beginning with the 20245-2026 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 235. The Higher Education Student Assistance Act
17 is amended by changing Section 40 as follows:
18 (110 ILCS 947/40)
19 Sec. 40. Illinois Veteran grant program.
20 (a) As used in this Section:
21 "Qualified applicant" means a person who served in the
22 Armed Forces of the United States, a Reserve component of the
23 Armed Forces, or the Illinois National Guard, excluding
24 members of the Reserve Officers' Training Corps and those
HB2547 Enrolled - 178 - LRB104 09526 KTG 19589 b
1 whose only service has been attendance at a service academy,
2 and who meets all of the qualifications of either paragraphs
3 (1) through (4) or paragraphs (2), (3), and (5):
4 (1) At the time of entering federal active duty
5 service the person was one of the following:
6 (A) An Illinois resident.
7 (B) An Illinois resident within 6 months of
8 entering such service.
9 (C) Enrolled at a State-controlled university or
10 public community college in this State.
11 (2) The person meets one of the following
12 requirements:
13 (A) He or she served at least one year of federal
14 active duty.
15 (B) He or she served less than one year of federal
16 active duty and received an honorable discharge for
17 medical reasons directly connected with such service.
18 (C) He or she served less than one year of federal
19 active duty and was discharged prior to August 11,
20 1967.
21 (D) He or she served less than one year of federal
22 active duty in a foreign country during a time of
23 hostilities in that foreign country.
24 (3) The person received an honorable discharge after
25 leaving federal active duty service.
26 (4) The person returned to this State within 6 months
HB2547 Enrolled - 179 - LRB104 09526 KTG 19589 b
1 after leaving federal active duty service, or, if married
2 to a person in continued military service stationed
3 outside this State, returned to this State within 6 months
4 after his or her spouse left service or was stationed
5 within this State.
6 (5) The person does not meet the requirements of
7 paragraph (1), but (i) is a resident of Illinois at the
8 time of application to the Commission and (ii) at some
9 point after leaving federal active duty service, was a
10 resident of Illinois for at least 15 consecutive years.
11 "Time of hostilities" means any action by the Armed Forces
12 of the United States that is recognized by the issuance of a
13 Presidential proclamation or a Presidential executive order
14 and in which the Armed Forces expeditionary medal or other
15 campaign service medals are awarded according to Presidential
16 executive order.
17 (b) A person who otherwise qualifies under subsection (a)
18 of this Section but has not left federal active duty service
19 and has served at least one year of federal active duty or has
20 served for less than one year of federal active duty in a
21 foreign country during a time of hostilities in that foreign
22 country and who can provide documentation demonstrating an
23 honorable service record is eligible to receive assistance
24 under this Section.
25 (c) A qualified applicant is not required to pay any
26 tuition or mandatory fees while attending a State-controlled
HB2547 Enrolled - 180 - LRB104 09526 KTG 19589 b
1 university or public community college in this State for a
2 period that is equivalent to 4 years of full-time enrollment,
3 including summer terms.
4 A qualified applicant who has previously received benefits
5 under this Section for a non-mandatory fee shall continue to
6 receive benefits covering such fees while he or she is
7 enrolled in a continuous program of study. The qualified
8 applicant shall no longer receive a grant covering
9 non-mandatory fees if he or she fails to enroll during an
10 academic term, unless he or she is serving federal active duty
11 service.
12 (d) A qualified applicant who has been or is to be awarded
13 assistance under this Section shall receive that assistance if
14 the qualified applicant notifies his or her postsecondary
15 institution of that fact by the end of the school term for
16 which assistance is requested.
17 (e) Assistance under this Section is considered an
18 entitlement that the State-controlled college or public
19 community college in which the qualified applicant is enrolled
20 shall honor without any condition other than the qualified
21 applicant's maintenance of minimum grade levels and a
22 satisfactory student loan repayment record pursuant to
23 subsection (c) of Section 20 of this Act.
24 (f) The Commission shall administer the grant program
25 established by this Section and shall make all necessary and
26 proper rules not inconsistent with this Section for its
HB2547 Enrolled - 181 - LRB104 09526 KTG 19589 b
1 effective implementation.
2 (g) All applications for assistance under this Section
3 must be made to the Commission on forms that the Commission
4 shall provide. The Commission shall determine the form of
5 application and the information required to be set forth in
6 the application, and the Commission shall require qualified
7 applicants to submit with their applications any supporting
8 documents that the Commission deems necessary. Upon request,
9 the Department of Veterans Veterans' Affairs shall assist the
10 Commission in determining the eligibility of applicants for
11 assistance under this Section.
12 (h) Assistance under this Section is available as long as
13 the federal government provides educational benefits to
14 veterans. Assistance must not be paid under this Section after
15 6 months following the termination of educational benefits to
16 veterans by the federal government, except for persons who
17 already have begun their education with assistance under this
18 Section. If the federal government terminates educational
19 benefits to veterans and at a later time resumes those
20 benefits, assistance under this Section shall resume.
21 (Source: P.A. 101-334, eff. 8-9-19; 102-800, eff. 5-13-22.)
22 Section 240. The Veterans' Home Medical Providers' Loan
23 Repayment Act is amended by changing Section 5 as follows:
24 (110 ILCS 972/5)
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1 Sec. 5. Medical Providers Loan Repayment Program. There
2 is created the Medical Providers Loan Repayment Program to be
3 administered by the Illinois Student Assistance Commission in
4 consultation with the Department of Veterans Veterans'
5 Affairs. The program shall provide assistance, subject to
6 appropriation, to eligible physicians and nurses.
7 (Source: P.A. 99-813, eff. 8-15-16.)
8 Section 245. The Nursing Home Care Act is amended by
9 changing Sections 1-113, 2-201, 2-201.5, 2-213, 2-215,
10 3-101.5, 3-202.6, 3-304.2, and 3-308.5 as follows:
11 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
12 Sec. 1-113. "Facility" or "long-term care facility" means
13 a private home, institution, building, residence, or any other
14 place, whether operated for profit or not, or a county home for
15 the infirm and chronically ill operated pursuant to Division
16 5-21 or 5-22 of the Counties Code, or any similar institution
17 operated by a political subdivision of the State of Illinois,
18 which provides, through its ownership or management, personal
19 care, sheltered care or nursing for 3 or more persons, not
20 related to the applicant or owner by blood or marriage. It
21 includes skilled nursing facilities and intermediate care
22 facilities as those terms are defined in Title XVIII and Title
23 XIX of the federal Social Security Act. It also includes
24 homes, institutions, or other places operated by or under the
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1 authority of the Illinois Department of Veterans Veterans'
2 Affairs.
3 "Facility" does not include the following:
4 (1) A home, institution, or other place operated by
5 the federal government or agency thereof, or by the State
6 of Illinois, other than homes, institutions, or other
7 places operated by or under the authority of the Illinois
8 Department of Veterans Veterans' Affairs;
9 (2) A hospital, sanitarium, or other institution whose
10 principal activity or business is the diagnosis, care, and
11 treatment of human illness through the maintenance and
12 operation as organized facilities therefor, which is
13 required to be licensed under the Hospital Licensing Act;
14 (3) Any "facility for child care" as defined in the
15 Child Care Act of 1969;
16 (4) Any "Community Living Facility" as defined in the
17 Community Living Facilities Licensing Act;
18 (5) Any "community residential alternative" as defined
19 in the Community Residential Alternatives Licensing Act;
20 (6) Any nursing home or sanatorium operated solely by
21 and for persons who rely exclusively upon treatment by
22 spiritual means through prayer, in accordance with the
23 creed or tenets of any well-recognized church or religious
24 denomination. However, such nursing home or sanatorium
25 shall comply with all local laws and rules relating to
26 sanitation and safety;
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1 (7) Any facility licensed by the Department of Human
2 Services as a community-integrated living arrangement as
3 defined in the Community-Integrated Living Arrangements
4 Licensure and Certification Act;
5 (8) Any "Supportive Residence" licensed under the
6 Supportive Residences Licensing Act;
7 (9) Any "supportive living facility" in good standing
8 with the program established under Section 5-5.01a of the
9 Illinois Public Aid Code, except only for purposes of the
10 employment of persons in accordance with Section 3-206.01;
11 (10) Any assisted living or shared housing
12 establishment licensed under the Assisted Living and
13 Shared Housing Act, except only for purposes of the
14 employment of persons in accordance with Section 3-206.01;
15 (11) An Alzheimer's disease management center
16 alternative health care model licensed under the
17 Alternative Health Care Delivery Act;
18 (12) A facility licensed under the ID/DD Community
19 Care Act;
20 (13) A facility licensed under the Specialized Mental
21 Health Rehabilitation Act of 2013;
22 (14) A facility licensed under the MC/DD Act; or
23 (15) A medical foster home, as defined in 38 CFR
24 17.73, that is under the oversight of the United States
25 Department of Veterans Affairs.
26 (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
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1 99-376, eff. 1-1-16; 99-642, eff. 7-28-16.)
2 (210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201)
3 Sec. 2-201. To protect the residents' funds, the facility:
4 (1) Shall at the time of admission provide, in order of
5 priority, each resident, or the resident's guardian, if any,
6 or the resident's representative, if any, or the resident's
7 immediate family member, if any, with a written statement
8 explaining to the resident and to the resident's spouse (a)
9 their spousal impoverishment rights, as defined at Section 5-4
10 of the Illinois Public Aid Code, and at Section 303 of Title
11 III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
12 100-360), (b) their obligation to comply with the asset and
13 income disclosure requirements of Title XIX of the federal
14 Social Security Act and the regulations duly promulgated
15 thereunder, except that this item (b) does not apply to
16 facilities operated by the Illinois Department of Veterans
17 Veterans' Affairs that do not participate in Medicaid, and (c)
18 the resident's rights regarding personal funds and listing the
19 services for which the resident will be charged. The facility
20 shall obtain a signed acknowledgment from each resident or the
21 resident's guardian, if any, or the resident's representative,
22 if any, or the resident's immediate family member, if any,
23 that such person has received the statement and understands
24 that failure to comply with asset and income disclosure
25 requirements may result in the denial of Medicaid eligibility.
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1 (2) May accept funds from a resident for safekeeping and
2 managing, if it receives written authorization from, in order
3 of priority, the resident or the resident's guardian, if any,
4 or the resident's representative, if any, or the resident's
5 immediate family member, if any; such authorization shall be
6 attested to by a witness who has no pecuniary interest in the
7 facility or its operations, and who is not connected in any way
8 to facility personnel or the administrator in any manner
9 whatsoever.
10 (3) Shall maintain and allow, in order of priority, each
11 resident or the resident's guardian, if any, or the resident's
12 representative, if any, or the resident's immediate family
13 member, if any, access to a written record of all financial
14 arrangements and transactions involving the individual
15 resident's funds.
16 (4) Shall provide, in order of priority, each resident, or
17 the resident's guardian, if any, or the resident's
18 representative, if any, or the resident's immediate family
19 member, if any, with a written itemized statement at least
20 quarterly, of all financial transactions involving the
21 resident's funds.
22 (5) Shall purchase a surety bond, or otherwise provide
23 assurance satisfactory to the Departments of Public Health and
24 Insurance that all residents' personal funds deposited with
25 the facility are secure against loss, theft, and insolvency.
26 (6) Shall keep any funds received from a resident for
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1 safekeeping in an account separate from the facility's funds,
2 and shall at no time withdraw any part or all of such funds for
3 any purpose other than to return the funds to the resident upon
4 the request of the resident or any other person entitled to
5 make such request, to pay the resident his allowance, or to
6 make any other payment authorized by the resident or any other
7 person entitled to make such authorization.
8 (7) Shall deposit any funds received from a resident in
9 excess of $100 in an interest bearing account insured by
10 agencies of, or corporations chartered by, the State or
11 federal government. The account shall be in a form which
12 clearly indicates that the facility has only a fiduciary
13 interest in the funds and any interest from the account shall
14 accrue to the resident. The facility may keep up to $100 of a
15 resident's money in a non-interest bearing account or petty
16 cash fund, to be readily available for the resident's current
17 expenditures.
18 (8) Shall return to the resident, or the person who
19 executed the written authorization required in subsection (2)
20 of this Section, upon written request, all or any part of the
21 resident's funds given the facility for safekeeping, including
22 the interest accrued from deposits.
23 (9) Shall (a) place any monthly allowance to which a
24 resident is entitled in that resident's personal account, or
25 give it to the resident, unless the facility has written
26 authorization from the resident or the resident's guardian or
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1 if the resident is a minor, his parent, to handle it
2 differently, (b) take all steps necessary to ensure that a
3 personal needs allowance that is placed in a resident's
4 personal account is used exclusively by the resident or for
5 the benefit of the resident, and (c) where such funds are
6 withdrawn from the resident's personal account by any person
7 other than the resident, require such person to whom funds
8 constituting any part of a resident's personal needs allowance
9 are released, to execute an affidavit that such funds shall be
10 used exclusively for the benefit of the resident.
11 (10) Unless otherwise provided by State law, upon the
12 death of a resident, shall provide the executor or
13 administrator of the resident's estate with a complete
14 accounting of all the resident's personal property, including
15 any funds of the resident being held by the facility.
16 (11) If an adult resident is incapable of managing his
17 funds and does not have a resident's representative, guardian,
18 or an immediate family member, shall notify the Office of the
19 State Guardian of the Guardianship and Advocacy Commission.
20 (12) If the facility is sold, shall provide the buyer with
21 a written verification by a public accountant of all
22 residents' monies and properties being transferred, and obtain
23 a signed receipt from the new owner.
24 (Source: P.A. 98-523, eff. 8-23-13.)
25 (210 ILCS 45/2-201.5)
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1 Sec. 2-201.5. Screening prior to admission.
2 (a) All persons age 18 or older seeking admission to a
3 nursing facility must be screened to determine the need for
4 nursing facility services prior to being admitted, regardless
5 of income, assets, or funding source. Screening for nursing
6 facility services shall be administered through procedures
7 established by administrative rule. Screening may be done by
8 agencies other than the Department as established by
9 administrative rule. This Section applies on and after July 1,
10 1996. No later than October 1, 2010, the Department of
11 Healthcare and Family Services, in collaboration with the
12 Department on Aging, the Department of Human Services, and the
13 Department of Public Health, shall file administrative rules
14 providing for the gathering, during the screening process, of
15 information relevant to determining each person's potential
16 for placing other residents, employees, and visitors at risk
17 of harm.
18 (a-1) Any screening performed pursuant to subsection (a)
19 of this Section shall include a determination of whether any
20 person is being considered for admission to a nursing facility
21 due to a need for mental health services. For a person who
22 needs mental health services, the screening shall also include
23 an evaluation of whether there is permanent supportive
24 housing, or an array of community mental health services,
25 including but not limited to supported housing, assertive
26 community treatment, and peer support services, that would
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1 enable the person to live in the community. The person shall be
2 told about the existence of any such services that would
3 enable the person to live safely and humanely and about
4 available appropriate nursing home services that would enable
5 the person to live safely and humanely, and the person shall be
6 given the assistance necessary to avail himself or herself of
7 any available services.
8 (a-2) Pre-screening for persons with a serious mental
9 illness shall be performed by a psychiatrist, a psychologist,
10 a registered nurse certified in psychiatric nursing, a
11 licensed clinical professional counselor, or a licensed
12 clinical social worker, who is competent to (i) perform a
13 clinical assessment of the individual, (ii) certify a
14 diagnosis, (iii) make a determination about the individual's
15 current need for treatment, including substance abuse
16 treatment, and recommend specific treatment, and (iv)
17 determine whether a facility or a community-based program is
18 able to meet the needs of the individual.
19 For any person entering a nursing facility, the
20 pre-screening agent shall make specific recommendations about
21 what care and services the individual needs to receive,
22 beginning at admission, to attain or maintain the individual's
23 highest level of independent functioning and to live in the
24 most integrated setting appropriate for his or her physical
25 and personal care and developmental and mental health needs.
26 These recommendations shall be revised as appropriate by the
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1 pre-screening or re-screening agent based on the results of
2 resident review and in response to changes in the resident's
3 wishes, needs, and interest in transition.
4 Upon the person entering the nursing facility, the
5 Department of Human Services or its designee shall assist the
6 person in establishing a relationship with a community mental
7 health agency or other appropriate agencies in order to (i)
8 promote the person's transition to independent living and (ii)
9 support the person's progress in meeting individual goals.
10 (a-3) The Department of Human Services, by rule, shall
11 provide for a prohibition on conflicts of interest for
12 pre-admission screeners. The rule shall provide for waiver of
13 those conflicts by the Department of Human Services if the
14 Department of Human Services determines that a scarcity of
15 qualified pre-admission screeners exists in a given community
16 and that, absent a waiver of conflicts, an insufficient number
17 of pre-admission screeners would be available. If a conflict
18 is waived, the pre-admission screener shall disclose the
19 conflict of interest to the screened individual in the manner
20 provided for by rule of the Department of Human Services. For
21 the purposes of this subsection, a "conflict of interest"
22 includes, but is not limited to, the existence of a
23 professional or financial relationship between (i) a PAS-MH
24 corporate or a PAS-MH agent and (ii) a community provider or
25 long-term care facility.
26 (b) In addition to the screening required by subsection
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1 (a), a facility, except for those licensed under the MC/DD
2 Act, shall, within 24 hours after admission, request a
3 criminal history background check pursuant to the Illinois
4 Uniform Conviction Information Act for all persons age 18 or
5 older seeking admission to the facility, unless (i) a
6 background check was initiated by a hospital pursuant to
7 subsection (d) of Section 6.09 of the Hospital Licensing Act
8 or a pre-admission background check was conducted by the
9 Department of Veterans Veterans' Affairs 30 days prior to
10 admittance into an Illinois Veterans Home; (ii) the
11 transferring resident is immobile; or (iii) the transferring
12 resident is moving into hospice. The exemption provided in
13 item (ii) or (iii) of this subsection (b) shall apply only if a
14 background check was completed by the facility the resident
15 resided at prior to seeking admission to the facility and the
16 resident was transferred to the facility with no time passing
17 during which the resident was not institutionalized. If item
18 (ii) or (iii) of this subsection (b) applies, the prior
19 facility shall provide a copy of its background check of the
20 resident and all supporting documentation, including, when
21 applicable, the criminal history report and the security
22 assessment, to the facility to which the resident is being
23 transferred. Background checks conducted pursuant to this
24 Section shall be based on the resident's name, date of birth,
25 and other identifiers as required by the Illinois State
26 Police. If the results of the background check are
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1 inconclusive, the facility shall initiate a fingerprint-based
2 check, unless the fingerprint check is waived by the Director
3 of Public Health based on verification by the facility that
4 the resident is completely immobile or that the resident meets
5 other criteria related to the resident's health or lack of
6 potential risk which may be established by Departmental rule.
7 A waiver issued pursuant to this Section shall be valid only
8 while the resident is immobile or while the criteria
9 supporting the waiver exist. The facility shall provide for or
10 arrange for any required fingerprint-based checks to be taken
11 on the premises of the facility. If a fingerprint-based check
12 is required, the facility shall arrange for it to be conducted
13 in a manner that is respectful of the resident's dignity and
14 that minimizes any emotional or physical hardship to the
15 resident.
16 (c) If the results of a resident's criminal history
17 background check reveal that the resident is an identified
18 offender as defined in Section 1-114.01, the facility shall do
19 the following:
20 (1) Immediately notify the Illinois State Police, in
21 the form and manner required by the Illinois State Police,
22 in collaboration with the Department of Public Health,
23 that the resident is an identified offender.
24 (2) Within 72 hours, arrange for a fingerprint-based
25 criminal history record inquiry to be requested on the
26 identified offender resident. The inquiry shall be based
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1 on the subject's name, sex, race, date of birth,
2 fingerprint images, and other identifiers required by the
3 Illinois State Police. The inquiry shall be processed
4 through the files of the Illinois State Police and the
5 Federal Bureau of Investigation to locate any criminal
6 history record information that may exist regarding the
7 subject. The Federal Bureau of Investigation shall furnish
8 to the Illinois State Police, pursuant to an inquiry under
9 this paragraph (2), any criminal history record
10 information contained in its files.
11 The facility shall comply with all applicable provisions
12 contained in the Illinois Uniform Conviction Information Act.
13 All name-based and fingerprint-based criminal history
14 record inquiries shall be submitted to the Illinois State
15 Police electronically in the form and manner prescribed by the
16 Illinois State Police. The Illinois State Police may charge
17 the facility a fee for processing name-based and
18 fingerprint-based criminal history record inquiries. The fee
19 shall be deposited into the State Police Services Fund. The
20 fee shall not exceed the actual cost of processing the
21 inquiry.
22 (d) (Blank).
23 (e) The Department shall develop and maintain a
24 de-identified database of residents who have injured facility
25 staff, facility visitors, or other residents, and the
26 attendant circumstances, solely for the purposes of evaluating
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1 and improving resident pre-screening and assessment procedures
2 (including the Criminal History Report prepared under Section
3 2-201.6) and the adequacy of Department requirements
4 concerning the provision of care and services to residents. A
5 resident shall not be listed in the database until a
6 Department survey confirms the accuracy of the listing. The
7 names of persons listed in the database and information that
8 would allow them to be individually identified shall not be
9 made public. Neither the Department nor any other agency of
10 State government may use information in the database to take
11 any action against any individual, licensee, or other entity,
12 unless the Department or agency receives the information
13 independent of this subsection (e). All information collected,
14 maintained, or developed under the authority of this
15 subsection (e) for the purposes of the database maintained
16 under this subsection (e) shall be treated in the same manner
17 as information that is subject to Part 21 of Article VIII of
18 the Code of Civil Procedure.
19 (Source: P.A. 102-538, eff. 8-20-21.)
20 (210 ILCS 45/2-213)
21 Sec. 2-213. Vaccinations.
22 (a) A facility shall annually administer or arrange for
23 administration of a vaccination against influenza to each
24 resident, in accordance with the recommendations of the
25 Advisory Committee on Immunization Practices of the Centers
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1 for Disease Control and Prevention that are most recent to the
2 time of vaccination, unless the vaccination is medically
3 contraindicated or the resident has refused the vaccine.
4 Influenza vaccinations for all residents age 65 and over shall
5 be completed by November 30 of each year or as soon as
6 practicable if vaccine supplies are not available before
7 November 1. Residents admitted after November 30, during the
8 flu season, and until February 1 shall, as medically
9 appropriate, receive an influenza vaccination prior to or upon
10 admission or as soon as practicable if vaccine supplies are
11 not available at the time of the admission, unless the vaccine
12 is medically contraindicated or the resident has refused the
13 vaccine. In the event that the Advisory Committee on
14 Immunization Practices of the Centers for Disease Control and
15 Prevention determines that dates of administration other than
16 those stated in this Act are optimal to protect the health of
17 residents, the Department is authorized to develop rules to
18 mandate vaccinations at those times rather than the times
19 stated in this Act. A facility shall document in the
20 resident's medical record that an annual vaccination against
21 influenza was administered, arranged, refused or medically
22 contraindicated.
23 (b) A facility shall administer or arrange for
24 administration of a pneumococcal vaccination to each resident,
25 in accordance with the recommendations of the Advisory
26 Committee on Immunization Practices of the Centers for Disease
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1 Control and Prevention, who has not received this immunization
2 prior to or upon admission to the facility, unless the
3 resident refuses the offer for vaccination or the vaccination
4 is medically contraindicated. A facility shall document in
5 each resident's medical record that a vaccination against
6 pneumococcal pneumonia was offered and administered, arranged,
7 refused, or medically contraindicated.
8 (c) All persons seeking admission to a nursing facility
9 shall be verbally screened for risk factors associated with
10 hepatitis B, hepatitis C, and the Human Immunodeficiency Virus
11 (HIV) according to guidelines established by the U.S. Centers
12 for Disease Control and Prevention. Persons who are identified
13 as being at high risk for hepatitis B, hepatitis C, or HIV
14 shall be offered an opportunity to undergo laboratory testing
15 in order to determine infection status if they will be
16 admitted to the nursing facility for at least 7 days and are
17 not known to be infected with any of the listed viruses. All
18 HIV testing shall be conducted in compliance with the AIDS
19 Confidentiality Act. All persons determined to be susceptible
20 to the hepatitis B virus shall be offered immunization within
21 10 days of admission to any nursing facility. A facility shall
22 document in the resident's medical record that he or she was
23 verbally screened for risk factors associated with hepatitis
24 B, hepatitis C, and HIV, and whether or not the resident was
25 immunized against hepatitis B. Nothing in this subsection (c)
26 shall apply to a nursing facility licensed or regulated by the
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1 Illinois Department of Veterans Veterans' Affairs.
2 (d) A skilled nursing facility shall designate a person or
3 persons as Infection Prevention and Control Professionals to
4 develop and implement policies governing control of infections
5 and communicable diseases. The Infection Prevention and
6 Control Professionals shall be qualified through education,
7 training, experience, or certification or a combination of
8 such qualifications. The Infection Prevention and Control
9 Professional's qualifications shall be documented and shall be
10 made available for inspection by the Department.
11 (e) The Department shall provide facilities with
12 educational information on all vaccines recommended by the
13 Centers for Disease Control and Prevention's Advisory
14 Committee on Immunization Practices, including, but not
15 limited to, the risks associated with shingles and how to
16 protect oneself against the varicella-zoster virus. A facility
17 shall distribute the information to: (1) each resident who
18 requests the information; and (2) each newly admitted
19 resident. The facility may distribute the information to
20 residents electronically.
21 (Source: P.A. 100-1042, eff. 1-1-19.)
22 (210 ILCS 45/2-215)
23 Sec. 2-215. Conflicts with the Department of Veterans
24 Veterans' Affairs Act. If there is a conflict between the
25 provisions of this Act and the provisions of the Department of
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1 Veterans Veterans' Affairs Act concerning an Illinois Veterans
2 Home not operated by the Department of Veterans Veterans'
3 Affairs, then the provisions of this Act shall apply.
4 (Source: P.A. 100-143, eff. 1-1-18.)
5 (210 ILCS 45/3-101.5)
6 Sec. 3-101.5. Illinois Veterans Homes. An Illinois
7 Veterans Home licensed under this Act and operated by the
8 Illinois Department of Veterans Veterans' Affairs is exempt
9 from the license fee provisions of Section 3-103 of this Act
10 and the provisions of Sections 3-104 through 3-106, 3-202.5,
11 3-208, 3-302, 3-303, and 3-503 through 3-517 of this Act. A
12 monitor or receiver shall be placed in an Illinois Veterans
13 Home only by court order or by agreement between the Director
14 of Public Health, the Director of Veterans Veterans' Affairs,
15 and the Secretary of the United States Department of Veterans
16 Affairs.
17 (Source: P.A. 99-314, eff. 8-7-15.)
18 (210 ILCS 45/3-202.6)
19 Sec. 3-202.6. Department of Veterans Veterans' Affairs
20 facility plan review.
21 (a) Before commencing construction of a new facility or
22 specified types of alteration or additions to an existing
23 long-term care facility involving major construction, as
24 defined by rule by the Department, with an estimated cost
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1 greater than $100,000, architectural drawings and
2 specifications for the facility shall be submitted to the
3 Department for review. A facility may submit architectural
4 drawings and specifications for other construction projects
5 for Department review according to subsection (b) of this
6 Section. Review of drawings and specifications shall be
7 conducted by an employee of the Department meeting the
8 qualifications established by the Department of Central
9 Management Services class specifications for such an
10 individual's position or by a person contracting with the
11 Department who meets those class specifications.
12 (b) The Department shall inform an applicant in writing
13 within 15 working days after receiving drawings and
14 specifications from the applicant whether the applicant's
15 submission is complete or incomplete. Failure to provide the
16 applicant with this notice within 15 working days after
17 receiving drawings and specifications from the applicant shall
18 result in the submission being deemed complete for purposes of
19 initiating the 60-working-day review period under this
20 Section. If the submission is incomplete, the Department shall
21 inform the applicant of the deficiencies with the submission
22 in writing.
23 If the submission is complete, the Department shall
24 approve or disapprove drawings and specifications submitted to
25 the Department no later than 60 working days following receipt
26 by the Department. The drawings and specifications shall be of
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1 sufficient detail, as provided by Department rule, to enable
2 the Department to render a determination of compliance with
3 design and construction standards under this Act. If the
4 Department finds that the drawings are not of sufficient
5 detail for it to render a determination of compliance, the
6 plans shall be determined to be incomplete and shall not be
7 considered for purposes of initiating the 60-working-day
8 review period. If a submission of drawings and specifications
9 is incomplete, the applicant may submit additional
10 information. The 60-working-day review period shall not
11 commence until the Department determines that a submission of
12 drawings and specifications is complete or the submission is
13 deemed complete. If the Department has not approved or
14 disapproved the drawings and specifications within 60 working
15 days after receipt by the Department, the construction, major
16 alteration, or addition shall be deemed approved. If the
17 drawings and specifications are disapproved, the Department
18 shall state in writing, with specificity, the reasons for the
19 disapproval. The entity submitting the drawings and
20 specifications may submit additional information in response
21 to the written comments from the Department or request a
22 reconsideration of the disapproval. A final decision of
23 approval or disapproval shall be made within 45 working days
24 after the receipt of the additional information or
25 reconsideration request. If denied, the Department shall state
26 the specific reasons for the denial.
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1 (c) The Department shall provide written approval for
2 occupancy pursuant to subsection (e) of this Section and shall
3 not issue a violation to a facility as a result of a licensure
4 or complaint survey based upon the facility's physical
5 structure if:
6 (1) the Department reviewed and approved or is deemed
7 to have approved the drawings and specifications for
8 compliance with design and construction standards;
9 (2) the construction, major alteration, or addition
10 was built as submitted;
11 (3) the law or rules have not been amended since the
12 original approval; and
13 (4) the conditions at the facility indicate that there
14 is a reasonable degree of safety provided for the
15 residents.
16 (d) The Department shall not charge a fee in connection
17 with its reviews to the Department of Veterans Veterans'
18 Affairs.
19 (e) The Department shall conduct an on-site inspection of
20 the completed project no later than 45 working days after
21 notification from the applicant that the project has been
22 completed and all certifications required by the Department
23 have been received and accepted by the Department, except
24 that, during a statewide public health emergency, as defined
25 in the Illinois Emergency Management Agency Act, the
26 Department shall conduct an on-site inspection of the
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1 completed project to the extent feasible. The Department may
2 extend this deadline if a federally mandated survey time frame
3 takes precedence. The Department shall provide written
4 approval for occupancy to the applicant within 7 working days
5 after the Department's final inspection, provided the
6 applicant has demonstrated substantial compliance as defined
7 by Department rule. Occupancy of new major construction is
8 prohibited until Department approval is received, unless the
9 Department has not acted within the time frames provided in
10 this subsection (e), in which case the construction shall be
11 deemed approved. Occupancy shall be authorized after any
12 required health inspection by the Department has been
13 conducted.
14 (f) The Department shall establish, by rule, an expedited
15 process for emergency repairs or replacement of like
16 equipment.
17 (g) Nothing in this Section shall be construed to apply to
18 maintenance, upkeep, or renovation that does not affect the
19 structural integrity or fire or life safety of the building,
20 does not add beds or services over the number for which the
21 long-term care facility is licensed, and provides a reasonable
22 degree of safety for the residents.
23 (h) If the number of licensed facilities increases or the
24 number of beds for the currently licensed facilities
25 increases, the Department has the right to reassess the
26 mandated time frames listed in this Section.
HB2547 Enrolled - 204 - LRB104 09526 KTG 19589 b
1 (Source: P.A. 103-1, eff. 4-27-23.)
2 (210 ILCS 45/3-304.2)
3 Sec. 3-304.2. Designation of distressed facilities.
4 (a) (Blank).
5 (b) (Blank).
6 (b-5) The Department shall, by rule, adopt criteria to
7 identify distressed facilities and shall publish a list of
8 distressed facilities quarterly. The Department shall, by
9 rule, create a timeframe and a procedure on how a facility can
10 be removed from the list. No facility shall be identified as a
11 distressed facility unless it has committed a violation or
12 deficiency that has harmed a resident.
13 (c) The Department shall, by rule, adopt criteria to
14 identify non-Medicaid-certified facilities that are distressed
15 and shall publish this list quarterly. The list may not
16 contain more than 40 facilities per quarter.
17 (d) The Department shall notify each facility of its
18 distressed designation, and of the calculation on which it is
19 based. A facility has the right to appeal a designation, and
20 the procedure for appealing shall be outlined in rule.
21 (e) A distressed facility may contract with an independent
22 consultant meeting criteria established by the Department. If
23 the distressed facility does not seek the assistance of an
24 independent consultant, the Department shall place a monitor
25 in the facility, depending on the Department's assessment of
HB2547 Enrolled - 205 - LRB104 09526 KTG 19589 b
1 the condition of the facility.
2 (f) A facility that has been designated a distressed
3 facility may contract with an independent consultant to
4 develop and assist in the implementation of a plan of
5 improvement to bring and keep the facility in compliance with
6 this Act and, if applicable, with federal certification
7 requirements. A facility that contracts with an independent
8 consultant shall have 90 days to develop a plan of improvement
9 and demonstrate a good faith effort at implementation, and
10 another 90 days to achieve compliance and take whatever
11 additional actions are called for in the improvement plan to
12 maintain compliance. A facility that the Department determines
13 has a plan of improvement likely to bring and keep the facility
14 in compliance and that has demonstrated good faith efforts at
15 implementation within the first 90 days may be eligible to
16 receive a grant under the Equity in Long-term Care Quality Act
17 to assist it in achieving and maintaining compliance. In this
18 subsection, "independent" consultant means an individual who
19 has no professional or financial relationship with the
20 facility, any person with a reportable ownership interest in
21 the facility, or any related parties. In this subsection,
22 "related parties" has the meaning attributed to it in the
23 instructions for completing Medicaid cost reports.
24 (f-5) A distressed facility that does not contract with a
25 consultant shall be assigned a monitor at the Department's
26 discretion. The monitor may apply to the Equity in Long-term
HB2547 Enrolled - 206 - LRB104 09526 KTG 19589 b
1 Care Quality Fund on behalf of the facility for grant funds to
2 implement the plan of improvement.
3 (g) The Department shall, by rule, establish a mentor
4 program for owners and operators of distressed facilities. The
5 mentor program shall provide technical assistance and guidance
6 to facilities.
7 (h) The Department shall by rule establish sanctions (in
8 addition to those authorized elsewhere in this Article)
9 against distressed facilities that are not in compliance with
10 this Act and (if applicable) with federal certification
11 requirements. Criteria for imposing sanctions shall take into
12 account a facility's actions to address the violations and
13 deficiencies that caused its designation as a distressed
14 facility, and its compliance with this Act and with federal
15 certification requirements (if applicable), subsequent to its
16 designation as a distressed facility, including mandatory
17 revocations if criteria can be agreed upon by the Department,
18 resident advocates, and representatives of the nursing home
19 profession. By February 1, 2011, the Department shall report
20 to the General Assembly on the results of negotiations about
21 creating criteria for mandatory license revocations of
22 distressed facilities and make recommendations about any
23 statutory changes it believes are appropriate to protect the
24 health, safety, and welfare of nursing home residents.
25 (i) The Department may establish, by rule, criteria for
26 restricting an owner of a facility from acquiring additional
HB2547 Enrolled - 207 - LRB104 09526 KTG 19589 b
1 nursing facilities if the facility was placed on the
2 distressed list while it was owned by that owner. The
3 Department may not prohibit an owner who acquires ownership of
4 a facility that is already on the distressed facility list
5 before the owner's acquisition of the facility from acquiring
6 additional skilled nursing facilities.
7 (j) This Section does not apply to homes, institutions, or
8 other places operated by or under the authority of the
9 Illinois Department of Veterans Veterans' Affairs as these
10 facilities are certified by the United States Department of
11 Veterans Affairs and not the Centers for Medicare and Medicaid
12 Services.
13 (Source: P.A. 103-139, eff. 1-1-24.)
14 (210 ILCS 45/3-308.5)
15 Sec. 3-308.5. Facilities operated by Department of
16 Veterans Veterans' Affairs; penalty offset.
17 (a) In the case of a veterans home, institution, or other
18 place operated by or under the authority of the Illinois
19 Department of Veterans Veterans' Affairs, the amount of any
20 penalty or fine shall be offset by the cost of the plan of
21 correction, capital improvements, or physical plant repairs.
22 For purposes of this Section only, "offset" means that the
23 amount that the Illinois Department of Veterans Veterans'
24 Affairs expends to pay for the cost of a plan of correction
25 shall be deemed by the Illinois Department of Public Health to
HB2547 Enrolled - 208 - LRB104 09526 KTG 19589 b
1 fully satisfy any monetary penalty or fine imposed by the
2 Department of Public Health. Once a fine or monetary penalty
3 is offset pursuant to this Section, in no case may the
4 Department of Public Health, with respect to the offense for
5 which the fine or penalty was levied, continue to purport to
6 impose a fine or monetary penalty upon the Department of
7 Veterans Veterans' Affairs for that violation.
8 (b) The Director of Public Health shall issue a
9 Declaration to the Director of Veterans Veterans' Affairs
10 confirming the citation of each Type "A" violation and request
11 that immediate action be taken to protect the health and
12 safety of the veterans in the facility.
13 (Source: P.A. 96-703, eff. 8-25-09.)
14 Section 250. The MC/DD Act is amended by changing Section
15 1-113 as follows:
16 (210 ILCS 46/1-113)
17 Sec. 1-113. Facility. "MC/DD facility" or "facility"
18 means a medically complex for the developmentally disabled
19 facility, whether operated for profit or not, which provides,
20 through its ownership or management, personal care or nursing
21 for 3 or more persons not related to the applicant or owner by
22 blood or marriage.
23 "Facility" does not include the following:
24 (1) A home, institution, or other place operated by
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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 therefore, 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;
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1 (8) Any facility licensed under the Nursing Home Care
2 Act;
3 (9) Any ID/DD facility under the ID/DD Community Care
4 Act;
5 (10) Any "supportive residence" licensed under the
6 Supportive Residences Licensing Act;
7 (11) Any "supportive living facility" in good standing
8 with the program established under Section 5-5.01a of the
9 Illinois Public Aid Code, except only for purposes of the
10 employment of persons in accordance with Section 3-206.01;
11 (12) Any assisted living or shared housing
12 establishment licensed under the Assisted Living and
13 Shared Housing Act, except only for purposes of the
14 employment of persons in accordance with Section 3-206.01;
15 (13) An Alzheimer's disease management center
16 alternative health care model licensed under the
17 Alternative Health Care Delivery Act; or
18 (14) A home, institution, or other place operated by
19 or under the authority of the Illinois Department of
20 Veterans Veterans' Affairs.
21 (Source: P.A. 99-180, eff. 7-29-15.)
22 Section 255. The ID/DD Community Care Act is amended by
23 changing Section 1-113 as follows:
24 (210 ILCS 47/1-113)
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1 Sec. 1-113. Facility. "ID/DD facility" or "facility"
2 means an intermediate care facility for persons with
3 developmental disabilities, whether operated for profit or
4 not, which provides, through its ownership or management,
5 personal care or nursing for 3 or more persons not related to
6 the applicant or owner by blood or marriage. It includes
7 intermediate care facilities for the intellectually disabled
8 as the term is defined in Title XVIII and Title XIX of the
9 federal Social Security Act.
10 "Facility" does not include the following:
11 (1) A home, institution, or other place operated by
12 the federal government or agency thereof, or by the State
13 of Illinois, other than homes, institutions, or other
14 places operated by or under the authority of the Illinois
15 Department of Veterans Veterans' Affairs;
16 (2) A hospital, sanitarium, or other institution whose
17 principal activity or business is the diagnosis, care, and
18 treatment of human illness through the maintenance and
19 operation as organized facilities therefore, which is
20 required to be licensed under the Hospital Licensing Act;
21 (3) Any "facility for child care" as defined in the
22 Child Care Act of 1969;
23 (4) Any "community living facility" as defined in the
24 Community Living Facilities Licensing Act;
25 (5) Any "community residential alternative" as defined
26 in the Community Residential Alternatives Licensing Act;
HB2547 Enrolled - 212 - LRB104 09526 KTG 19589 b
1 (6) Any nursing home or sanatorium operated solely by
2 and for persons who rely exclusively upon treatment by
3 spiritual means through prayer, in accordance with the
4 creed or tenets of any well recognized church or religious
5 denomination. However, such nursing home or sanatorium
6 shall comply with all local laws and rules relating to
7 sanitation and safety;
8 (7) Any facility licensed by the Department of Human
9 Services as a community-integrated living arrangement as
10 defined in the Community-Integrated Living Arrangements
11 Licensure and Certification Act;
12 (8) Any "supportive residence" licensed under the
13 Supportive Residences Licensing Act;
14 (9) Any "supportive living facility" in good standing
15 with the program established under Section 5-5.01a of the
16 Illinois Public Aid Code, except only for purposes of the
17 employment of persons in accordance with Section 3-206.01;
18 (10) Any assisted living or shared housing
19 establishment licensed under the Assisted Living and
20 Shared Housing Act, except only for purposes of the
21 employment of persons in accordance with Section 3-206.01;
22 (11) An Alzheimer's disease management center
23 alternative health care model licensed under the
24 Alternative Health Care Delivery Act;
25 (12) A home, institution, or other place operated by
26 or under the authority of the Illinois Department of
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1 Veterans Veterans' Affairs; or
2 (13) Any MC/DD facility licensed under the MC/DD Act.
3 (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
4 99-642, eff. 7-28-16.)
5 Section 260. The Specialized Mental Health Rehabilitation
6 Act of 2013 is amended by changing Section 1-102 as follows:
7 (210 ILCS 49/1-102)
8 Sec. 1-102. Definitions. For the purposes of this Act,
9 unless the context otherwise requires:
10 "Abuse" means any physical or mental injury or sexual
11 assault inflicted on a consumer other than by accidental means
12 in a facility.
13 "Accreditation" means any of the following:
14 (1) the Joint Commission;
15 (2) the Commission on Accreditation of Rehabilitation
16 Facilities;
17 (3) the Healthcare Facilities Accreditation Program;
18 or
19 (4) any other national standards of care as approved
20 by the Department.
21 "APRN" means an Advanced Practice Registered Nurse,
22 nationally certified as a mental health or psychiatric nurse
23 practitioner and licensed under the Nurse Practice Act.
24 "Applicant" means any person making application for a
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1 license or a provisional license under this Act.
2 "Consumer" means a person, 18 years of age or older,
3 admitted to a mental health rehabilitation facility for
4 evaluation, observation, diagnosis, treatment, stabilization,
5 recovery, and rehabilitation.
6 "Consumer" does not mean any of the following:
7 (i) an individual requiring a locked setting;
8 (ii) an individual requiring psychiatric
9 hospitalization because of an acute psychiatric crisis;
10 (iii) an individual under 18 years of age;
11 (iv) an individual who is actively suicidal or violent
12 toward others;
13 (v) an individual who has been found unfit to stand
14 trial and is currently subject to a court order requiring
15 placement in secure inpatient care in the custody of the
16 Department of Human Services pursuant to Section 104-17 of
17 the Code of Criminal Procedure of 1963;
18 (vi) an individual who has been found not guilty by
19 reason of insanity and is currently subject to a court
20 order requiring placement in secure inpatient care in the
21 custody of the Department of Human Services pursuant to
22 Section 5-2-4 of the Unified Code of Corrections;
23 (vii) an individual subject to temporary detention and
24 examination under Section 3-607 of the Mental Health and
25 Developmental Disabilities Code;
26 (viii) an individual deemed clinically appropriate for
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1 inpatient admission in a State psychiatric hospital; and
2 (ix) an individual transferred by the Department of
3 Corrections pursuant to Section 3-8-5 of the Unified Code
4 of Corrections.
5 "Consumer record" means a record that organizes all
6 information on the care, treatment, and rehabilitation
7 services rendered to a consumer in a specialized mental health
8 rehabilitation facility.
9 "Controlled drugs" means those drugs covered under the
10 federal Comprehensive Drug Abuse Prevention Control Act of
11 1970, as amended, or the Illinois Controlled Substances Act.
12 "Department" means the Department of Public Health.
13 "Discharge" means the full release of any consumer from a
14 facility.
15 "Drug administration" means the act in which a single dose
16 of a prescribed drug or biological is given to a consumer. The
17 complete act of administration entails removing an individual
18 dose from a container, verifying the dose with the
19 prescriber's orders, giving the individual dose to the
20 consumer, and promptly recording the time and dose given.
21 "Drug dispensing" means the act entailing the following of
22 a prescription order for a drug or biological and proper
23 selection, measuring, packaging, labeling, and issuance of the
24 drug or biological to a consumer.
25 "Emergency" means a situation, physical condition, or one
26 or more practices, methods, or operations which present
HB2547 Enrolled - 216 - LRB104 09526 KTG 19589 b
1 imminent danger of death or serious physical or mental harm to
2 consumers of a facility.
3 "Facility" means a specialized mental health
4 rehabilitation facility that provides at least one of the
5 following services: (1) triage center; (2) crisis
6 stabilization; (3) recovery and rehabilitation supports; or
7 (4) transitional living units for 3 or more persons. The
8 facility shall provide a 24-hour program that provides
9 intensive support and recovery services designed to assist
10 persons, 18 years or older, with mental disorders to develop
11 the skills to become self-sufficient and capable of increasing
12 levels of independent functioning. It includes facilities that
13 meet the following criteria:
14 (1) 100% of the consumer population of the facility
15 has a diagnosis of serious mental illness;
16 (2) no more than 15% of the consumer population of the
17 facility is 65 years of age or older;
18 (3) none of the consumers are non-ambulatory;
19 (4) none of the consumers have a primary diagnosis of
20 moderate, severe, or profound intellectual disability; and
21 (5) the facility must have been licensed under the
22 Specialized Mental Health Rehabilitation Act or the
23 Nursing Home Care Act immediately preceding July 22, 2013
24 (the effective date of this Act) and qualifies as an
25 institute for mental disease under the federal definition
26 of the term.
HB2547 Enrolled - 217 - LRB104 09526 KTG 19589 b
1 "Facility" does not include the following:
2 (1) a home, institution, or place operated by the
3 federal government or agency thereof, or by the State of
4 Illinois;
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) a facility for child care as defined in the Child
11 Care Act of 1969;
12 (4) a community living facility as defined in the
13 Community Living Facilities Licensing Act;
14 (5) a nursing home or sanitarium operated solely by
15 and for persons who rely exclusively upon treatment by
16 spiritual means through prayer, in accordance with the
17 creed or tenets of any well-recognized church or religious
18 denomination; however, such nursing home or sanitarium
19 shall comply with all local laws and rules relating to
20 sanitation and safety;
21 (6) a facility licensed by the Department of Human
22 Services as a community-integrated living arrangement as
23 defined in the Community-Integrated Living Arrangements
24 Licensure and Certification Act;
25 (7) a supportive residence licensed under the
26 Supportive Residences Licensing Act;
HB2547 Enrolled - 218 - LRB104 09526 KTG 19589 b
1 (8) a supportive living facility in good standing with
2 the program established under Section 5-5.01a of the
3 Illinois Public Aid Code, except only for purposes of the
4 employment of persons in accordance with Section 3-206.01
5 of the Nursing Home Care Act;
6 (9) an assisted living or shared housing establishment
7 licensed under the Assisted Living and Shared Housing Act,
8 except only for purposes of the employment of persons in
9 accordance with Section 3-206.01 of the Nursing Home Care
10 Act;
11 (10) an Alzheimer's disease management center
12 alternative health care model licensed under the
13 Alternative Health Care Delivery Act;
14 (11) a home, institution, or other place operated by
15 or under the authority of the Illinois Department of
16 Veterans Veterans' Affairs;
17 (12) a facility licensed under the ID/DD Community
18 Care Act;
19 (13) a facility licensed under the Nursing Home Care
20 Act after July 22, 2013 (the effective date of this Act);
21 or
22 (14) a facility licensed under the MC/DD Act.
23 "Executive director" means a person who is charged with
24 the general administration and supervision of a facility
25 licensed under this Act and who is a licensed nursing home
26 administrator, licensed practitioner of the healing arts, or
HB2547 Enrolled - 219 - LRB104 09526 KTG 19589 b
1 qualified mental health professional.
2 "Guardian" means a person appointed as a guardian of the
3 person or guardian of the estate, or both, of a consumer under
4 the Probate Act of 1975.
5 "Identified offender" means a person who meets any of the
6 following criteria:
7 (1) Has been convicted of, found guilty of,
8 adjudicated delinquent for, found not guilty by reason of
9 insanity for, or found unfit to stand trial for, any
10 felony offense listed in Section 25 of the Health Care
11 Worker Background Check Act, except for the following:
12 (i) a felony offense described in Section 10-5 of
13 the Nurse Practice Act;
14 (ii) a felony offense described in Section 4, 5,
15 6, 8, or 17.02 of the Illinois Credit Card and Debit
16 Card Act;
17 (iii) a felony offense described in Section 5,
18 5.1, 5.2, 7, or 9 of the Cannabis Control Act;
19 (iv) a felony offense described in Section 401,
20 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
21 Controlled Substances Act; and
22 (v) a felony offense described in the
23 Methamphetamine Control and Community Protection Act.
24 (2) Has been convicted of, adjudicated delinquent for,
25 found not guilty by reason of insanity for, or found unfit
26 to stand trial for any sex offense as defined in
HB2547 Enrolled - 220 - LRB104 09526 KTG 19589 b
1 subsection (c) of Section 10 of the Sex Offender
2 Management Board Act.
3 "Transitional living units" are residential units within a
4 facility that have the purpose of assisting the consumer in
5 developing and reinforcing the necessary skills to live
6 independently outside of the facility. The duration of stay in
7 such a setting shall not exceed 120 days for each consumer.
8 Nothing in this definition shall be construed to be a
9 prerequisite for transitioning out of a facility.
10 "Licensee" means the person, persons, firm, partnership,
11 association, organization, company, corporation, or business
12 trust to which a license has been issued.
13 "Misappropriation of a consumer's property" means the
14 deliberate misplacement, exploitation, or wrongful temporary
15 or permanent use of a consumer's belongings or money without
16 the consent of a consumer or his or her guardian.
17 "Neglect" means a facility's failure to provide, or
18 willful withholding of, adequate medical care, mental health
19 treatment, psychiatric rehabilitation, personal care, or
20 assistance that is necessary to avoid physical harm and mental
21 anguish of a consumer.
22 "Personal care" means assistance with meals, dressing,
23 movement, bathing, or other personal needs, maintenance, or
24 general supervision and oversight of the physical and mental
25 well-being of an individual who is incapable of maintaining a
26 private, independent residence or who is incapable of managing
HB2547 Enrolled - 221 - LRB104 09526 KTG 19589 b
1 his or her person, whether or not a guardian has been appointed
2 for such individual. "Personal care" shall not be construed to
3 confine or otherwise constrain a facility's pursuit to develop
4 the skills and abilities of a consumer to become
5 self-sufficient and capable of increasing levels of
6 independent functioning.
7 "Recovery and rehabilitation supports" means a program
8 that facilitates a consumer's longer-term symptom management
9 and stabilization while preparing the consumer for
10 transitional living units by improving living skills and
11 community socialization. The duration of stay in such a
12 setting shall be established by the Department by rule.
13 "Restraint" means:
14 (i) a physical restraint that is any manual method or
15 physical or mechanical device, material, or equipment
16 attached or adjacent to a consumer's body that the
17 consumer cannot remove easily and restricts freedom of
18 movement or normal access to one's body; devices used for
19 positioning, including, but not limited to, bed rails,
20 gait belts, and cushions, shall not be considered to be
21 restraints for purposes of this Section; or
22 (ii) a chemical restraint that is any drug used for
23 discipline or convenience and not required to treat
24 medical symptoms; the Department shall, by rule, designate
25 certain devices as restraints, including at least all
26 those devices that have been determined to be restraints
HB2547 Enrolled - 222 - LRB104 09526 KTG 19589 b
1 by the United States Department of Health and Human
2 Services in interpretive guidelines issued for the
3 purposes of administering Titles XVIII and XIX of the
4 federal Social Security Act. For the purposes of this Act,
5 restraint shall be administered only after utilizing a
6 coercive free environment and culture.
7 "Self-administration of medication" means consumers shall
8 be responsible for the control, management, and use of their
9 own medication.
10 "Crisis stabilization" means a secure and separate unit
11 that provides short-term behavioral, emotional, or psychiatric
12 crisis stabilization as an alternative to hospitalization or
13 re-hospitalization for consumers from residential or community
14 placement. The duration of stay in such a setting shall not
15 exceed 21 days for each consumer.
16 "Therapeutic separation" means the removal of a consumer
17 from the milieu to a room or area which is designed to aid in
18 the emotional or psychiatric stabilization of that consumer.
19 "Triage center" means a non-residential 23-hour center
20 that serves as an alternative to emergency room care,
21 hospitalization, or re-hospitalization for consumers in need
22 of short-term crisis stabilization. Consumers may access a
23 triage center from a number of referral sources, including
24 family, emergency rooms, hospitals, community behavioral
25 health providers, federally qualified health providers, or
26 schools, including colleges or universities. A triage center
HB2547 Enrolled - 223 - LRB104 09526 KTG 19589 b
1 may be located in a building separate from the licensed
2 location of a facility, but shall not be more than 1,000 feet
3 from the licensed location of the facility and must meet all of
4 the facility standards applicable to the licensed location. If
5 the triage center does operate in a separate building, safety
6 personnel shall be provided, on site, 24 hours per day and the
7 triage center shall meet all other staffing requirements
8 without counting any staff employed in the main facility
9 building.
10 (Source: P.A. 102-1053, eff. 6-10-22; 102-1118, eff. 1-18-23.)
11 Section 275. The Health Care Violence Prevention Act is
12 amended by changing Section 5 as follows:
13 (210 ILCS 160/5)
14 Sec. 5. Definitions. As used in this Act:
15 "Committed person" means a person who is in the custody of
16 or under the control of a custodial agency, including, but not
17 limited to, a person who is incarcerated, under arrest,
18 detained, or otherwise under the physical control of a
19 custodial agency.
20 "Custodial agency" means the Illinois Department of
21 Corrections, the Illinois State Police, the sheriff of a
22 county, a county jail, a correctional institution, or any
23 other State agency, municipality, or unit of local government
24 that employs personnel designated as police, peace officers,
HB2547 Enrolled - 224 - LRB104 09526 KTG 19589 b
1 wardens, corrections officers, or guards or that employs
2 personnel vested by law with the power to place or maintain a
3 person in custody.
4 "Health care provider" means a retail health care
5 facility, a hospital subject to the Hospital Licensing Act or
6 the University of Illinois Hospital Act, or a veterans home as
7 defined in the Department of Veterans Veterans' Affairs Act.
8 "Health care worker" means nursing assistants and other
9 support personnel, any individual licensed under the laws of
10 this State to provide health services, including but not
11 limited to: dentists licensed under the Illinois Dental
12 Practice Act; dental hygienists licensed under the Illinois
13 Dental Practice Act; nurses and advanced practice registered
14 nurses licensed under the Nurse Practice Act; occupational
15 therapists licensed under the Illinois Occupational Therapy
16 Practice Act; optometrists licensed under the Illinois
17 Optometric Practice Act of 1987; pharmacists licensed under
18 the Pharmacy Practice Act; physical therapists licensed under
19 the Illinois Physical Therapy Act; physicians licensed under
20 the Medical Practice Act of 1987; physician assistants
21 licensed under the Physician Assistant Practice Act of 1987;
22 podiatric physicians licensed under the Podiatric Medical
23 Practice Act of 1987; clinical psychologists licensed under
24 the Clinical Psychologist Licensing Act; clinical social
25 workers licensed under the Clinical Social Work and Social
26 Work Practice Act; speech-language pathologists and
HB2547 Enrolled - 225 - LRB104 09526 KTG 19589 b
1 audiologists licensed under the Illinois Speech-Language
2 Pathology and Audiology Practice Act; or hearing instrument
3 dispensers licensed under the Hearing Instrument Consumer
4 Protection Act, or any of their successor Acts.
5 "Nurse" means a person who is licensed to practice nursing
6 under the Nurse Practice Act.
7 "Retail health care facility" means an institution, place,
8 or building, or any portion thereof, that:
9 (1) is devoted to the maintenance and operation of a
10 facility for the performance of health care services and
11 is located within a retail store at a specific location;
12 (2) does not provide surgical services or any form of
13 general anesthesia;
14 (3) does not provide beds or other accommodations for
15 either the long-term or overnight stay of patients; and
16 (4) discharges individual patients in an ambulatory
17 condition without danger to the continued well-being of
18 the patients and transfers non-ambulatory patients to
19 hospitals.
20 "Retail health care facility" does not include hospitals,
21 long-term care facilities, ambulatory treatment centers, blood
22 banks, clinical laboratories, offices of physicians, advanced
23 practice registered nurses, podiatrists, and physician
24 assistants, and pharmacies that provide limited health care
25 services.
26 (Source: P.A. 100-1051, eff. 1-1-19.)
HB2547 Enrolled - 226 - LRB104 09526 KTG 19589 b
1 Section 280. The Essential Support Person Act is amended
2 by changing Section 5 as follows:
3 (210 ILCS 175/5)
4 Sec. 5. Definitions. In this Act:
5 "Department" means the Department of Public Health.
6 "Essential support" means support that includes, but is
7 not limited to:
8 (1) assistance with activities of daily living; and
9 (2) physical, emotional, psychological, and
10 socialization support for the resident.
11 "Facility" means any of the following: a facility as
12 defined in Section 10 of the Alzheimer's Disease and Related
13 Dementias Special Care Disclosure Act; an assisted living
14 establishment or shared housing establishment as defined in
15 Section 10 of the Assisted Living and Shared Housing Act; a
16 Community Living Facility as defined in Section 3 of the
17 Community Living Facilities Licensing Act; a facility as
18 defined in Section 2 of the Life Care Facilities Act; a
19 continuum of care facility as defined in Section 10 of the
20 Continuum of Care Services for the Developmentally Disabled
21 Act; a facility as defined in Section 1-113 of the Nursing Home
22 Care Act; a MC/DD facility as defined in Section 1-113 of the
23 MC/DD Act; an ID/DD facility as defined in Section 1-113 of the
24 ID/DD Community Care Act; a hospice program as defined in
HB2547 Enrolled - 227 - LRB104 09526 KTG 19589 b
1 Section 3 of the Hospice Program Licensing Act; a Supportive
2 Residence as defined in Section 10 of the Supportive
3 Residences Licensing Act; a facility as defined in Section
4 1-102 of the Specialized Mental Health Rehabilitation Act of
5 2013; a home, institution, or other place operated by or under
6 the authority of the Department of Veterans Veterans' Affairs;
7 an Alzheimer's disease management center alternative health
8 care model under the Alternative Health Care Delivery Act; and
9 a home, institution, or other place that is a State-operated
10 mental health or developmental disability center or facility.
11 "Facility" does not include a hospital as defined in the
12 Hospital Licensing Act or any hospital authorized under the
13 University of Illinois Hospital Act. "Facility" does not
14 include any facility that the Department of Public Health or
15 the Department of Veterans Veterans' Affairs does not
16 regulate.
17 "Office" means the Office of State Long Term Care
18 Ombudsman.
19 "Person-centered care plan" means a care plan for a
20 resident developed by the resident or resident's
21 representative in consultation with health professionals that
22 focuses on the resident's physical, emotional, psychological,
23 and socialization needs and describes the resident's right to
24 designate a primary essential support person or secondary
25 essential support person.
26 "Primary essential support person" means a person
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1 designated by a resident, or the resident's representative,
2 who has access to the resident in accordance with rules set by
3 the Department to provide essential support according to the
4 resident's person-centered care plan.
5 "Resident" means a person who is living in a facility or is
6 seeking admission to a facility. "Resident" includes a
7 guardian of the person or an agent for the person under a power
8 of attorney.
9 "Secondary essential support person" means a person
10 designated by the resident, or the resident's representative,
11 to serve as a backup to a primary essential support person.
12 (Source: P.A. 103-261, eff. 6-30-23.)
13 Section 285. The Illinois Insurance Code is amended by
14 changing Section 356z.12 as follows:
15 (215 ILCS 5/356z.12)
16 Sec. 356z.12. Dependent coverage.
17 (a) A group or individual policy of accident and health
18 insurance or managed care plan that provides coverage for
19 dependents and that is amended, delivered, issued, or renewed
20 after the effective date of this amendatory Act of the 95th
21 General Assembly shall not terminate coverage or deny the
22 election of coverage for an unmarried dependent by reason of
23 the dependent's age before the dependent's 26th birthday.
24 (b) A policy or plan subject to this Section shall, upon
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1 amendment, delivery, issuance, or renewal, establish an
2 initial enrollment period of not less than 90 days during
3 which an insured may make a written election for coverage of an
4 unmarried person as a dependent under this Section. After the
5 initial enrollment period, enrollment by a dependent pursuant
6 to this Section shall be consistent with the enrollment terms
7 of the plan or policy.
8 (c) A policy or plan subject to this Section shall allow
9 for dependent coverage during the annual open enrollment date
10 or the annual renewal date if the dependent, as of the date on
11 which the insured elects dependent coverage under this
12 subsection, has:
13 (1) a period of continuous creditable coverage of 90
14 days or more; and
15 (2) not been without creditable coverage for more than
16 63 days.
17 An insured may elect coverage for a dependent who does not meet
18 the continuous creditable coverage requirements of this
19 subsection (c) and that dependent shall not be denied coverage
20 due to age.
21 For purposes of this subsection (c), "creditable coverage"
22 shall have the meaning provided under subsection (C)(1) of
23 Section 20 of the Illinois Health Insurance Portability and
24 Accountability Act.
25 (d) Military personnel. A group or individual policy of
26 accident and health insurance or managed care plan that
HB2547 Enrolled - 230 - LRB104 09526 KTG 19589 b
1 provides coverage for dependents and that is amended,
2 delivered, issued, or renewed after the effective date of this
3 amendatory Act of the 95th General Assembly shall not
4 terminate coverage or deny the election of coverage for an
5 unmarried dependent by reason of the dependent's age before
6 the dependent's 30th birthday if the dependent (i) is an
7 Illinois resident, (ii) served as a member of the active or
8 reserve components of any of the branches of the Armed Forces
9 of the United States, and (iii) has received a release or
10 discharge other than a dishonorable discharge. To be eligible
11 for coverage under this subsection (d), the eligible dependent
12 shall submit to the insurer a form approved by the Illinois
13 Department of Veterans Veterans' Affairs stating the date on
14 which the dependent was released from service.
15 (e) Calculation of the cost of coverage provided to an
16 unmarried dependent under this Section shall be identical.
17 (f) Nothing in this Section shall prohibit an employer
18 from requiring an employee to pay all or part of the cost of
19 coverage provided under this Section.
20 (g) No exclusions or limitations may be applied to
21 coverage elected pursuant to this Section that do not apply to
22 all dependents covered under the policy.
23 (h) A policy or plan subject to this Section shall not
24 condition eligibility for dependent coverage provided pursuant
25 to this Section on enrollment in any educational institution.
26 (i) Notice regarding coverage for a dependent as provided
HB2547 Enrolled - 231 - LRB104 09526 KTG 19589 b
1 pursuant to this Section shall be provided to an insured by the
2 insurer:
3 (1) upon application or enrollment;
4 (2) in the certificate of coverage or equivalent
5 document prepared for an insured and delivered on or about
6 the date on which the coverage commences; and
7 (3) (blank).
8 (Source: P.A. 98-226, eff. 1-1-14.)
9 Section 295. The Liquor Control Act of 1934 is amended by
10 changing Section 6-15 as follows:
11 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
12 Sec. 6-15. No alcoholic liquors shall be sold or delivered
13 in any building belonging to or under the control of the State
14 or any political subdivision thereof except as provided in
15 this Act. The corporate authorities of any city, village,
16 incorporated town, township, or county may provide by
17 ordinance, however, that alcoholic liquor may be sold or
18 delivered in any specifically designated building belonging to
19 or under the control of the municipality, township, or county,
20 or in any building located on land under the control of the
21 municipality, township, or county; provided that such township
22 or county complies with all applicable local ordinances in any
23 incorporated area of the township or county. Alcoholic liquor
24 may be delivered to and sold under the authority of a special
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1 use permit on any property owned by a conservation district
2 organized under the Conservation District Act, provided that
3 (i) the alcoholic liquor is sold only at an event authorized by
4 the governing board of the conservation district, (ii) the
5 issuance of the special use permit is authorized by the local
6 liquor control commissioner of the territory in which the
7 property is located, and (iii) the special use permit
8 authorizes the sale of alcoholic liquor for one day or less.
9 Alcoholic liquors may be delivered to and sold at any airport
10 belonging to or under the control of a municipality of more
11 than 25,000 inhabitants, or in any building or on any golf
12 course owned by a park district organized under the Park
13 District Code, subject to the approval of the governing board
14 of the district, or in any building or on any golf course owned
15 by a forest preserve district organized under the Downstate
16 Forest Preserve District Act, subject to the approval of the
17 governing board of the district, or on the grounds within 500
18 feet of any building owned by a forest preserve district
19 organized under the Downstate Forest Preserve District Act
20 during times when food is dispensed for consumption within 500
21 feet of the building from which the food is dispensed, subject
22 to the approval of the governing board of the district, or in a
23 building owned by a Local Mass Transit District organized
24 under the Local Mass Transit District Act, subject to the
25 approval of the governing Board of the District, or in
26 Bicentennial Park, or on the premises of the City of Mendota
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1 Lake Park located adjacent to Route 51 in Mendota, Illinois,
2 or on the premises of Camden Park in Milan, Illinois, or in the
3 community center owned by the City of Loves Park that is
4 located at 1000 River Park Drive in Loves Park, Illinois, or,
5 in connection with the operation of an established food
6 serving facility during times when food is dispensed for
7 consumption on the premises, and at the following aquarium and
8 museums located in public parks: Art Institute of Chicago,
9 Chicago Academy of Sciences, Chicago Historical Society, Field
10 Museum of Natural History, Museum of Science and Industry,
11 DuSable Museum of African American History, John G. Shedd
12 Aquarium and Adler Planetarium, or at Lakeview Museum of Arts
13 and Sciences in Peoria, or in connection with the operation of
14 the facilities of the Chicago Zoological Society or the
15 Chicago Horticultural Society on land owned by the Forest
16 Preserve District of Cook County, or on any land used for a
17 golf course or for recreational purposes owned by the Forest
18 Preserve District of Cook County, subject to the control of
19 the Forest Preserve District Board of Commissioners and
20 applicable local law, provided that dram shop liability
21 insurance is provided at maximum coverage limits so as to hold
22 the District harmless from all financial loss, damage, and
23 harm, or in any building located on land owned by the Chicago
24 Park District if approved by the Park District Commissioners,
25 or on any land used for a golf course or for recreational
26 purposes and owned by the Illinois International Port District
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1 if approved by the District's governing board, or at any
2 airport, golf course, faculty center, or facility in which
3 conference and convention type activities take place belonging
4 to or under control of any State university or public
5 community college district, provided that with respect to a
6 facility for conference and convention type activities
7 alcoholic liquors shall be limited to the use of the
8 convention or conference participants or participants in
9 cultural, political or educational activities held in such
10 facilities, and provided further that the faculty or staff of
11 the State university or a public community college district,
12 or members of an organization of students, alumni, faculty or
13 staff of the State university or a public community college
14 district are active participants in the conference or
15 convention, or in Memorial Stadium on the campus of the
16 University of Illinois at Urbana-Champaign during games in
17 which the Chicago Bears professional football team is playing
18 in that stadium during the renovation of Soldier Field, not
19 more than one and a half hours before the start of the game and
20 not after the end of the third quarter of the game, or in the
21 Pavilion Facility on the campus of the University of Illinois
22 at Chicago during games in which the Chicago Storm
23 professional soccer team is playing in that facility, not more
24 than one and a half hours before the start of the game and not
25 after the end of the third quarter of the game, or in the
26 Pavilion Facility on the campus of the University of Illinois
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1 at Chicago during games in which the WNBA professional women's
2 basketball team is playing in that facility, not more than one
3 and a half hours before the start of the game and not after the
4 10-minute mark of the second half of the game, or by a catering
5 establishment which has rented facilities from a board of
6 trustees of a public community college district, or in a
7 restaurant that is operated by a commercial tenant in the
8 North Campus Parking Deck building that (1) is located at 1201
9 West University Avenue, Urbana, Illinois and (2) is owned by
10 the Board of Trustees of the University of Illinois, or, if
11 approved by the District board, on land owned by the
12 Metropolitan Sanitary District of Greater Chicago and leased
13 to others for a term of at least 20 years. Nothing in this
14 Section precludes the sale or delivery of alcoholic liquor in
15 the form of original packaged goods in premises located at 500
16 S. Racine in Chicago belonging to the University of Illinois
17 and used primarily as a grocery store by a commercial tenant
18 during the term of a lease that predates the University's
19 acquisition of the premises; but the University shall have no
20 power or authority to renew, transfer, or extend the lease
21 with terms allowing the sale of alcoholic liquor; and the sale
22 of alcoholic liquor shall be subject to all local laws and
23 regulations. After the acquisition by Winnebago County of the
24 property located at 404 Elm Street in Rockford, a commercial
25 tenant who sold alcoholic liquor at retail on a portion of the
26 property under a valid license at the time of the acquisition
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1 may continue to do so for so long as the tenant and the County
2 may agree under existing or future leases, subject to all
3 local laws and regulations regarding the sale of alcoholic
4 liquor. Alcoholic liquors may be delivered to and sold at
5 Memorial Hall, located at 211 North Main Street, Rockford,
6 under conditions approved by Winnebago County and subject to
7 all local laws and regulations regarding the sale of alcoholic
8 liquor. Each facility shall provide dram shop liability in
9 maximum insurance coverage limits so as to save harmless the
10 State, municipality, State university, airport, golf course,
11 faculty center, facility in which conference and convention
12 type activities take place, park district, Forest Preserve
13 District, public community college district, aquarium, museum,
14 or sanitary district from all financial loss, damage or harm.
15 Alcoholic liquors may be sold at retail in buildings of golf
16 courses owned by municipalities or Illinois State University
17 in connection with the operation of an established food
18 serving facility during times when food is dispensed for
19 consumption upon the premises. Alcoholic liquors may be
20 delivered to and sold at retail in any building owned by a fire
21 protection district organized under the Fire Protection
22 District Act, provided that such delivery and sale is approved
23 by the board of trustees of the district, and provided further
24 that such delivery and sale is limited to fundraising events
25 and to a maximum of 6 events per year. However, the limitation
26 to fundraising events and to a maximum of 6 events per year
HB2547 Enrolled - 237 - LRB104 09526 KTG 19589 b
1 does not apply to the delivery, sale, or manufacture of
2 alcoholic liquors at the building located at 59 Main Street in
3 Oswego, Illinois, owned by the Oswego Fire Protection District
4 if the alcoholic liquor is sold or dispensed as approved by the
5 Oswego Fire Protection District and the property is no longer
6 being utilized for fire protection purposes.
7 Alcoholic liquors may be served or sold in buildings under
8 the control of the Board of Trustees of the University of
9 Illinois for events that the Board may determine are public
10 events and not related student activities. The Board of
11 Trustees shall issue a written policy within 6 months of
12 August 15, 2008 (the effective date of Public Act 95-847)
13 concerning the types of events that would be eligible for an
14 exemption. Thereafter, the Board of Trustees may issue
15 revised, updated, new, or amended policies as it deems
16 necessary and appropriate. In preparing its written policy,
17 the Board of Trustees shall, among other factors it considers
18 relevant and important, give consideration to the following:
19 (i) whether the event is a student activity or student-related
20 student related activity; (ii) whether the physical setting of
21 the event is conducive to control of liquor sales and
22 distribution; (iii) the ability of the event operator to
23 ensure that the sale or serving of alcoholic liquors and the
24 demeanor of the participants are in accordance with State law
25 and University policies; (iv) regarding the anticipated
26 attendees at the event, the relative proportion of individuals
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1 under the age of 21 to individuals age 21 or older; (v) the
2 ability of the venue operator to prevent the sale or
3 distribution of alcoholic liquors to individuals under the age
4 of 21; (vi) whether the event prohibits participants from
5 removing alcoholic beverages from the venue; and (vii) whether
6 the event prohibits participants from providing their own
7 alcoholic liquors to the venue. In addition, any policy
8 submitted by the Board of Trustees to the Illinois Liquor
9 Control Commission must require that any event at which
10 alcoholic liquors are served or sold in buildings under the
11 control of the Board of Trustees shall require the prior
12 written approval of the Office of the Chancellor for the
13 University campus where the event is located. The Board of
14 Trustees shall submit its policy, and any subsequently
15 revised, updated, new, or amended policies, to the Illinois
16 Liquor Control Commission, and any University event, or
17 location for an event, exempted under such policies shall
18 apply for a license under the applicable Sections of this Act.
19 Alcoholic liquors may be served or sold in buildings under
20 the control of the Board of Trustees of Northern Illinois
21 University for events that the Board may determine are public
22 events and not student-related activities. The Board of
23 Trustees shall issue a written policy within 6 months after
24 June 28, 2011 (the effective date of Public Act 97-45)
25 concerning the types of events that would be eligible for an
26 exemption. Thereafter, the Board of Trustees may issue
HB2547 Enrolled - 239 - LRB104 09526 KTG 19589 b
1 revised, updated, new, or amended policies as it deems
2 necessary and appropriate. In preparing its written policy,
3 the Board of Trustees shall, in addition to other factors it
4 considers relevant and important, give consideration to the
5 following: (i) whether the event is a student activity or
6 student-related activity; (ii) whether the physical setting of
7 the event is conducive to control of liquor sales and
8 distribution; (iii) the ability of the event operator to
9 ensure that the sale or serving of alcoholic liquors and the
10 demeanor of the participants are in accordance with State law
11 and University policies; (iv) the anticipated attendees at the
12 event and the relative proportion of individuals under the age
13 of 21 to individuals age 21 or older; (v) the ability of the
14 venue operator to prevent the sale or distribution of
15 alcoholic liquors to individuals under the age of 21; (vi)
16 whether the event prohibits participants from removing
17 alcoholic beverages from the venue; and (vii) whether the
18 event prohibits participants from providing their own
19 alcoholic liquors to the venue.
20 Alcoholic liquors may be served or sold in buildings under
21 the control of the Board of Trustees of Chicago State
22 University for events that the Board may determine are public
23 events and not student-related activities. The Board of
24 Trustees shall issue a written policy within 6 months after
25 August 2, 2013 (the effective date of Public Act 98-132)
26 concerning the types of events that would be eligible for an
HB2547 Enrolled - 240 - LRB104 09526 KTG 19589 b
1 exemption. Thereafter, the Board of Trustees may issue
2 revised, updated, new, or amended policies as it deems
3 necessary and appropriate. In preparing its written policy,
4 the Board of Trustees shall, in addition to other factors it
5 considers relevant and important, give consideration to the
6 following: (i) whether the event is a student activity or
7 student-related activity; (ii) whether the physical setting of
8 the event is conducive to control of liquor sales and
9 distribution; (iii) the ability of the event operator to
10 ensure that the sale or serving of alcoholic liquors and the
11 demeanor of the participants are in accordance with State law
12 and University policies; (iv) the anticipated attendees at the
13 event and the relative proportion of individuals under the age
14 of 21 to individuals age 21 or older; (v) the ability of the
15 venue operator to prevent the sale or distribution of
16 alcoholic liquors to individuals under the age of 21; (vi)
17 whether the event prohibits participants from removing
18 alcoholic beverages from the venue; and (vii) whether the
19 event prohibits participants from providing their own
20 alcoholic liquors to the venue.
21 Alcoholic liquors may be served or sold in buildings under
22 the control of the Board of Trustees of Illinois State
23 University for events that the Board may determine are public
24 events and not student-related activities. The Board of
25 Trustees shall issue a written policy within 6 months after
26 March 1, 2013 (the effective date of Public Act 97-1166)
HB2547 Enrolled - 241 - LRB104 09526 KTG 19589 b
1 concerning the types of events that would be eligible for an
2 exemption. Thereafter, the Board of Trustees may issue
3 revised, updated, new, or amended policies as it deems
4 necessary and appropriate. In preparing its written policy,
5 the Board of Trustees shall, in addition to other factors it
6 considers relevant and important, give consideration to the
7 following: (i) whether the event is a student activity or
8 student-related activity; (ii) whether the physical setting of
9 the event is conducive to control of liquor sales and
10 distribution; (iii) the ability of the event operator to
11 ensure that the sale or serving of alcoholic liquors and the
12 demeanor of the participants are in accordance with State law
13 and University policies; (iv) the anticipated attendees at the
14 event and the relative proportion of individuals under the age
15 of 21 to individuals age 21 or older; (v) the ability of the
16 venue operator to prevent the sale or distribution of
17 alcoholic liquors to individuals under the age of 21; (vi)
18 whether the event prohibits participants from removing
19 alcoholic beverages from the venue; and (vii) whether the
20 event prohibits participants from providing their own
21 alcoholic liquors to the venue.
22 Alcoholic liquors may be served or sold in buildings under
23 the control of the Board of Trustees of Southern Illinois
24 University for events that the Board may determine are public
25 events and not student-related activities. The Board of
26 Trustees shall issue a written policy within 6 months after
HB2547 Enrolled - 242 - LRB104 09526 KTG 19589 b
1 August 12, 2016 (the effective date of Public Act 99-795)
2 concerning the types of events that would be eligible for an
3 exemption. Thereafter, the Board of Trustees may issue
4 revised, updated, new, or amended policies as it deems
5 necessary and appropriate. In preparing its written policy,
6 the Board of Trustees shall, in addition to other factors it
7 considers relevant and important, give consideration to the
8 following: (i) whether the event is a student activity or
9 student-related activity; (ii) whether the physical setting of
10 the event is conducive to control of liquor sales and
11 distribution; (iii) the ability of the event operator to
12 ensure that the sale or serving of alcoholic liquors and the
13 demeanor of the participants are in accordance with State law
14 and University policies; (iv) the anticipated attendees at the
15 event and the relative proportion of individuals under the age
16 of 21 to individuals age 21 or older; (v) the ability of the
17 venue operator to prevent the sale or distribution of
18 alcoholic liquors to individuals under the age of 21; (vi)
19 whether the event prohibits participants from removing
20 alcoholic beverages from the venue; and (vii) whether the
21 event prohibits participants from providing their own
22 alcoholic liquors to the venue.
23 Alcoholic liquors may be served or sold in buildings under
24 the control of the Board of Trustees of a public university for
25 events that the Board of Trustees of that public university
26 may determine are public events and not student-related
HB2547 Enrolled - 243 - LRB104 09526 KTG 19589 b
1 activities. If the Board of Trustees of a public university
2 has not issued a written policy pursuant to an exemption under
3 this Section on or before July 15, 2016 (the effective date of
4 Public Act 99-550), then that Board of Trustees shall issue a
5 written policy within 6 months after July 15, 2016 (the
6 effective date of Public Act 99-550) concerning the types of
7 events that would be eligible for an exemption. Thereafter,
8 the Board of Trustees may issue revised, updated, new, or
9 amended policies as it deems necessary and appropriate. In
10 preparing its written policy, the Board of Trustees shall, in
11 addition to other factors it considers relevant and important,
12 give consideration to the following: (i) whether the event is
13 a student activity or student-related activity; (ii) whether
14 the physical setting of the event is conducive to control of
15 liquor sales and distribution; (iii) the ability of the event
16 operator to ensure that the sale or serving of alcoholic
17 liquors and the demeanor of the participants are in accordance
18 with State law and University policies; (iv) the anticipated
19 attendees at the event and the relative proportion of
20 individuals under the age of 21 to individuals age 21 or older;
21 (v) the ability of the venue operator to prevent the sale or
22 distribution of alcoholic liquors to individuals under the age
23 of 21; (vi) whether the event prohibits participants from
24 removing alcoholic beverages from the venue; and (vii) whether
25 the event prohibits participants from providing their own
26 alcoholic liquors to the venue. As used in this paragraph,
HB2547 Enrolled - 244 - LRB104 09526 KTG 19589 b
1 "public university" means the University of Illinois, Illinois
2 State University, Chicago State University, Governors State
3 University, Southern Illinois University, Northern Illinois
4 University, Eastern Illinois University, Western Illinois
5 University, and Northeastern Illinois University.
6 Alcoholic liquors may be served or sold in buildings under
7 the control of the Board of Trustees of a community college
8 district for events that the Board of Trustees of that
9 community college district may determine are public events and
10 not student-related activities. The Board of Trustees shall
11 issue a written policy within 6 months after July 15, 2016 (the
12 effective date of Public Act 99-550) concerning the types of
13 events that would be eligible for an exemption. Thereafter,
14 the Board of Trustees may issue revised, updated, new, or
15 amended policies as it deems necessary and appropriate. In
16 preparing its written policy, the Board of Trustees shall, in
17 addition to other factors it considers relevant and important,
18 give consideration to the following: (i) whether the event is
19 a student activity or student-related activity; (ii) whether
20 the physical setting of the event is conducive to control of
21 liquor sales and distribution; (iii) the ability of the event
22 operator to ensure that the sale or serving of alcoholic
23 liquors and the demeanor of the participants are in accordance
24 with State law and community college district policies; (iv)
25 the anticipated attendees at the event and the relative
26 proportion of individuals under the age of 21 to individuals
HB2547 Enrolled - 245 - LRB104 09526 KTG 19589 b
1 age 21 or older; (v) the ability of the venue operator to
2 prevent the sale or distribution of alcoholic liquors to
3 individuals under the age of 21; (vi) whether the event
4 prohibits participants from removing alcoholic beverages from
5 the venue; and (vii) whether the event prohibits participants
6 from providing their own alcoholic liquors to the venue. This
7 paragraph does not apply to any community college district
8 authorized to sell or serve alcoholic liquor under any other
9 provision of this Section.
10 Alcoholic liquor may be delivered to and sold at retail in
11 the Dorchester Senior Business Center owned by the Village of
12 Dolton if the alcoholic liquor is sold or dispensed only in
13 connection with organized functions for which the planned
14 attendance is 20 or more persons, and if the person or facility
15 selling or dispensing the alcoholic liquor has provided dram
16 shop liability insurance in maximum limits so as to hold
17 harmless the Village of Dolton and the State from all
18 financial loss, damage and harm.
19 Alcoholic liquors may be delivered to and sold at retail
20 in any building used as an Illinois State Armory provided:
21 (i) the Adjutant General's written consent to the
22 issuance of a license to sell alcoholic liquor in such
23 building is filed with the Commission;
24 (ii) the alcoholic liquor is sold or dispensed only in
25 connection with organized functions held on special
26 occasions;
HB2547 Enrolled - 246 - LRB104 09526 KTG 19589 b
1 (iii) the organized function is one for which the
2 planned attendance is 25 or more persons; and
3 (iv) the facility selling or dispensing the alcoholic
4 liquors has provided dram shop liability insurance in
5 maximum limits so as to save harmless the facility and the
6 State from all financial loss, damage or harm.
7 Alcoholic liquors may be delivered to and sold at retail
8 in the Chicago Civic Center, provided that:
9 (i) the written consent of the Public Building
10 Commission which administers the Chicago Civic Center is
11 filed with the Commission;
12 (ii) the alcoholic liquor is sold or dispensed only in
13 connection with organized functions held on special
14 occasions;
15 (iii) the organized function is one for which the
16 planned attendance is 25 or more persons;
17 (iv) the facility selling or dispensing the alcoholic
18 liquors has provided dram shop liability insurance in
19 maximum limits so as to hold harmless the Civic Center,
20 the City of Chicago and the State from all financial loss,
21 damage or harm; and
22 (v) all applicable local ordinances are complied with.
23 Alcoholic liquors may be delivered or sold in any building
24 belonging to or under the control of any city, village or
25 incorporated town where more than 75% of the physical
26 properties of the building is used for commercial or
HB2547 Enrolled - 247 - LRB104 09526 KTG 19589 b
1 recreational purposes, and the building is located upon a pier
2 extending into or over the waters of a navigable lake or stream
3 or on the shore of a navigable lake or stream. In accordance
4 with a license issued under this Act, alcoholic liquor may be
5 sold, served, or delivered in buildings and facilities under
6 the control of the Department of Natural Resources during
7 events or activities lasting no more than 7 continuous days
8 upon the written approval of the Director of Natural Resources
9 acting as the controlling government authority. The Director
10 of Natural Resources may specify conditions on that approval,
11 including, but not limited to, requirements for insurance and
12 hours of operation. Notwithstanding any other provision of
13 this Act, alcoholic liquor sold by a United States Army Corps
14 of Engineers or Department of Natural Resources concessionaire
15 who was operating on June 1, 1991 for on-premises consumption
16 only is not subject to the provisions of Articles IV and IX.
17 Beer and wine may be sold on the premises of the Joliet Park
18 District Stadium owned by the Joliet Park District when
19 written consent to the issuance of a license to sell beer and
20 wine in such premises is filed with the local liquor
21 commissioner by the Joliet Park District. Beer and wine may be
22 sold in buildings on the grounds of State veterans' homes when
23 written consent to the issuance of a license to sell beer and
24 wine in such buildings is filed with the Commission by the
25 Department of Veterans Veterans' Affairs, and the facility
26 shall provide dram shop liability in maximum insurance
HB2547 Enrolled - 248 - LRB104 09526 KTG 19589 b
1 coverage limits so as to save the facility harmless from all
2 financial loss, damage or harm. Such liquors may be delivered
3 to and sold at any property owned or held under lease by a
4 Metropolitan Pier and Exposition Authority or Metropolitan
5 Exposition and Auditorium Authority.
6 Beer and wine may be sold and dispensed at professional
7 sporting events and at professional concerts and other
8 entertainment events conducted on premises owned by the Forest
9 Preserve District of Kane County, subject to the control of
10 the District Commissioners and applicable local law, provided
11 that dram shop liability insurance is provided at maximum
12 coverage limits so as to hold the District harmless from all
13 financial loss, damage and harm.
14 Nothing in this Section shall preclude the sale or
15 delivery of beer and wine at a State or county fair or the sale
16 or delivery of beer or wine at a city fair in any otherwise
17 lawful manner.
18 Alcoholic liquors may be sold at retail in buildings in
19 State parks under the control of the Department of Natural
20 Resources, provided:
21 a. the State park has overnight lodging facilities
22 with some restaurant facilities or, not having overnight
23 lodging facilities, has restaurant facilities which serve
24 complete luncheon and dinner or supper meals,
25 b. (blank), and
26 c. the alcoholic liquors are sold by the State park
HB2547 Enrolled - 249 - LRB104 09526 KTG 19589 b
1 lodge or restaurant concessionaire only during the hours
2 from 11 o'clock a.m. until 12 o'clock midnight.
3 Notwithstanding any other provision of this Act, alcoholic
4 liquor sold by the State park or restaurant concessionaire
5 is not subject to the provisions of Articles IV and IX.
6 Alcoholic liquors may be sold at retail in buildings on
7 properties under the control of the Division of Historic
8 Preservation of the Department of Natural Resources or the
9 Abraham Lincoln Presidential Library and Museum provided:
10 a. the property has overnight lodging facilities with
11 some restaurant facilities or, not having overnight
12 lodging facilities, has restaurant facilities which serve
13 complete luncheon and dinner or supper meals,
14 b. consent to the issuance of a license to sell
15 alcoholic liquors in the buildings has been filed with the
16 commission by the Division of Historic Preservation of the
17 Department of Natural Resources or the Abraham Lincoln
18 Presidential Library and Museum, and
19 c. the alcoholic liquors are sold by the lodge or
20 restaurant concessionaire only during the hours from 11
21 o'clock a.m. until 12 o'clock midnight.
22 The sale of alcoholic liquors pursuant to this Section
23 does not authorize the establishment and operation of
24 facilities commonly called taverns, saloons, bars, cocktail
25 lounges, and the like except as a part of lodge and restaurant
26 facilities in State parks or golf courses owned by Forest
HB2547 Enrolled - 250 - LRB104 09526 KTG 19589 b
1 Preserve Districts with a population of less than 3,000,000 or
2 municipalities or park districts.
3 Alcoholic liquors may be sold at retail in the Springfield
4 Administration Building of the Department of Transportation
5 and the Illinois State Armory in Springfield; provided, that
6 the controlling government authority may consent to such sales
7 only if
8 a. the request is from a not-for-profit organization;
9 b. such sales would not impede normal operations of
10 the departments involved;
11 c. the not-for-profit organization provides dram shop
12 liability in maximum insurance coverage limits and agrees
13 to defend, save harmless and indemnify the State of
14 Illinois from all financial loss, damage or harm;
15 d. no such sale shall be made during normal working
16 hours of the State of Illinois; and
17 e. the consent is in writing.
18 Alcoholic liquors may be sold at retail in buildings in
19 recreational areas of river conservancy districts under the
20 control of, or leased from, the river conservancy districts.
21 Such sales are subject to reasonable local regulations as
22 provided in Article IV; however, no such regulations may
23 prohibit or substantially impair the sale of alcoholic liquors
24 on Sundays or Holidays.
25 Alcoholic liquors may be provided in long term care
26 facilities owned or operated by a county under Division 5-21
HB2547 Enrolled - 251 - LRB104 09526 KTG 19589 b
1 or 5-22 of the Counties Code, when approved by the facility
2 operator and not in conflict with the regulations of the
3 Illinois Department of Public Health, to residents of the
4 facility who have had their consumption of the alcoholic
5 liquors provided approved in writing by a physician licensed
6 to practice medicine in all its branches.
7 Alcoholic liquors may be delivered to and dispensed in
8 State housing assigned to employees of the Department of
9 Corrections. No person shall furnish or allow to be furnished
10 any alcoholic liquors to any prisoner confined in any jail,
11 reformatory, prison or house of correction except upon a
12 physician's prescription for medicinal purposes.
13 Alcoholic liquors may be sold at retail or dispensed at
14 the Willard Ice Building in Springfield, at the State Library
15 in Springfield, and at Illinois State Museum facilities by (1)
16 an agency of the State, whether legislative, judicial or
17 executive, provided that such agency first obtains written
18 permission to sell or dispense alcoholic liquors from the
19 controlling government authority, or by (2) a not-for-profit
20 organization, provided that such organization:
21 a. Obtains written consent from the controlling
22 government authority;
23 b. Sells or dispenses the alcoholic liquors in a
24 manner that does not impair normal operations of State
25 offices located in the building;
26 c. Sells or dispenses alcoholic liquors only in
HB2547 Enrolled - 252 - LRB104 09526 KTG 19589 b
1 connection with an official activity in the building;
2 d. Provides, or its catering service provides, dram
3 shop liability insurance in maximum coverage limits and in
4 which the carrier agrees to defend, save harmless and
5 indemnify the State of Illinois from all financial loss,
6 damage or harm arising out of the selling or dispensing of
7 alcoholic liquors.
8 Nothing in this Act shall prevent a not-for-profit
9 organization or agency of the State from employing the
10 services of a catering establishment for the selling or
11 dispensing of alcoholic liquors at authorized functions.
12 The controlling government authority for the Willard Ice
13 Building in Springfield shall be the Director of the
14 Department of Revenue. The controlling government authority
15 for Illinois State Museum facilities shall be the Director of
16 the Illinois State Museum. The controlling government
17 authority for the State Library in Springfield shall be the
18 Secretary of State.
19 Alcoholic liquors may be delivered to and sold at retail
20 or dispensed at any facility, property or building under the
21 jurisdiction of the Division of Historic Preservation of the
22 Department of Natural Resources, the Abraham Lincoln
23 Presidential Library and Museum, or the State Treasurer where
24 the delivery, sale or dispensing is by (1) an agency of the
25 State, whether legislative, judicial or executive, provided
26 that such agency first obtains written permission to sell or
HB2547 Enrolled - 253 - LRB104 09526 KTG 19589 b
1 dispense alcoholic liquors from a controlling government
2 authority, or by (2) an individual or organization provided
3 that such individual or organization:
4 a. Obtains written consent from the controlling
5 government authority;
6 b. Sells or dispenses the alcoholic liquors in a
7 manner that does not impair normal workings of State
8 offices or operations located at the facility, property or
9 building;
10 c. Sells or dispenses alcoholic liquors only in
11 connection with an official activity of the individual or
12 organization in the facility, property or building;
13 d. Provides, or its catering service provides, dram
14 shop liability insurance in maximum coverage limits and in
15 which the carrier agrees to defend, save harmless and
16 indemnify the State of Illinois from all financial loss,
17 damage or harm arising out of the selling or dispensing of
18 alcoholic liquors.
19 The controlling government authority for the Division of
20 Historic Preservation of the Department of Natural Resources
21 shall be the Director of Natural Resources, the controlling
22 government authority for the Abraham Lincoln Presidential
23 Library and Museum shall be the Executive Director of the
24 Abraham Lincoln Presidential Library and Museum, and the
25 controlling government authority for the facilities, property,
26 or buildings under the jurisdiction of the State Treasurer
HB2547 Enrolled - 254 - LRB104 09526 KTG 19589 b
1 shall be the State Treasurer or the State Treasurer's
2 designee.
3 Alcoholic liquors may be delivered to and sold at retail
4 or dispensed for consumption at the Michael Bilandic Building
5 at 160 North LaSalle Street, Chicago IL 60601, after the
6 normal business hours of any day care or child care facility
7 located in the building, by (1) a commercial tenant or
8 subtenant conducting business on the premises under a lease
9 made pursuant to Section 405-315 of the Department of Central
10 Management Services Law (20 ILCS 405/405-315), provided that
11 such tenant or subtenant who accepts delivery of, sells, or
12 dispenses alcoholic liquors shall procure and maintain dram
13 shop liability insurance in maximum coverage limits and in
14 which the carrier agrees to defend, indemnify, and save
15 harmless the State of Illinois from all financial loss,
16 damage, or harm arising out of the delivery, sale, or
17 dispensing of alcoholic liquors, or by (2) an agency of the
18 State, whether legislative, judicial, or executive, provided
19 that such agency first obtains written permission to accept
20 delivery of and sell or dispense alcoholic liquors from the
21 Director of Central Management Services, or by (3) a
22 not-for-profit organization, provided that such organization:
23 a. obtains written consent from the Department of
24 Central Management Services;
25 b. accepts delivery of and sells or dispenses the
26 alcoholic liquors in a manner that does not impair normal
HB2547 Enrolled - 255 - LRB104 09526 KTG 19589 b
1 operations of State offices located in the building;
2 c. accepts delivery of and sells or dispenses
3 alcoholic liquors only in connection with an official
4 activity in the building; and
5 d. provides, or its catering service provides, dram
6 shop liability insurance in maximum coverage limits and in
7 which the carrier agrees to defend, save harmless, and
8 indemnify the State of Illinois from all financial loss,
9 damage, or harm arising out of the selling or dispensing
10 of alcoholic liquors.
11 Nothing in this Act shall prevent a not-for-profit
12 organization or agency of the State from employing the
13 services of a catering establishment for the selling or
14 dispensing of alcoholic liquors at functions authorized by the
15 Director of Central Management Services.
16 Alcoholic liquors may be sold at retail or dispensed at
17 the James R. Thompson Center in Chicago, subject to the
18 provisions of Section 7.4 of the State Property Control Act,
19 and 222 South College Street in Springfield, Illinois by (1) a
20 commercial tenant or subtenant conducting business on the
21 premises under a lease or sublease made pursuant to Section
22 405-315 of the Department of Central Management Services Law
23 (20 ILCS 405/405-315), provided that such tenant or subtenant
24 who sells or dispenses alcoholic liquors shall procure and
25 maintain dram shop liability insurance in maximum coverage
26 limits and in which the carrier agrees to defend, indemnify
HB2547 Enrolled - 256 - LRB104 09526 KTG 19589 b
1 and save harmless the State of Illinois from all financial
2 loss, damage or harm arising out of the sale or dispensing of
3 alcoholic liquors, or by (2) an agency of the State, whether
4 legislative, judicial or executive, provided that such agency
5 first obtains written permission to sell or dispense alcoholic
6 liquors from the Director of Central Management Services, or
7 by (3) a not-for-profit organization, provided that such
8 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 Director of Central Management Services.
HB2547 Enrolled - 257 - LRB104 09526 KTG 19589 b
1 Alcoholic liquors may be sold or delivered at any facility
2 owned by the Illinois Sports Facilities Authority provided
3 that dram shop liability insurance has been made available in
4 a form, with such coverage and in such amounts as the Authority
5 reasonably determines is necessary.
6 Alcoholic liquors may be sold at retail or dispensed at
7 the Rockford State Office Building by (1) an agency of the
8 State, whether legislative, judicial or executive, provided
9 that such agency first obtains written permission to sell or
10 dispense alcoholic liquors from the Department of Central
11 Management Services, or by (2) a not-for-profit organization,
12 provided that such organization:
13 a. Obtains written consent from the Department of
14 Central Management Services;
15 b. Sells or dispenses the alcoholic liquors in a
16 manner that does not impair normal operations of State
17 offices located in the building;
18 c. Sells or dispenses alcoholic liquors only in
19 connection with an official activity in the building;
20 d. Provides, or its catering service provides, dram
21 shop liability insurance in maximum coverage limits and in
22 which the carrier agrees to defend, save harmless and
23 indemnify the State of Illinois from all financial loss,
24 damage or harm arising out of the selling or dispensing of
25 alcoholic liquors.
26 Nothing in this Act shall prevent a not-for-profit
HB2547 Enrolled - 258 - LRB104 09526 KTG 19589 b
1 organization or agency of the State from employing the
2 services of a catering establishment for the selling or
3 dispensing of alcoholic liquors at functions authorized by the
4 Department of Central Management Services.
5 Alcoholic liquors may be sold or delivered in a building
6 that is owned by McLean County, situated on land owned by the
7 county in the City of Bloomington, and used by the McLean
8 County Historical Society if the sale or delivery is approved
9 by an ordinance adopted by the county board, and the
10 municipality in which the building is located may not prohibit
11 that sale or delivery, notwithstanding any other provision of
12 this Section. The regulation of the sale and delivery of
13 alcoholic liquor in a building that is owned by McLean County,
14 situated on land owned by the county, and used by the McLean
15 County Historical Society as provided in this paragraph is an
16 exclusive power and function of the State and is a denial and
17 limitation under Article VII, Section 6, subsection (h) of the
18 Illinois Constitution of the power of a home rule municipality
19 to regulate that sale and delivery.
20 Alcoholic liquors may be sold or delivered in any building
21 situated on land held in trust for any school district
22 organized under Article 34 of the School Code, if the building
23 is not used for school purposes and if the sale or delivery is
24 approved by the board of education.
25 Alcoholic liquors may be delivered to and sold at retail
26 in any building owned by a public library district, provided
HB2547 Enrolled - 259 - LRB104 09526 KTG 19589 b
1 that the delivery and sale is approved by the board of trustees
2 of that public library district and is limited to library
3 fundraising events or programs of a cultural or educational
4 nature. Before the board of trustees of a public library
5 district may approve the delivery and sale of alcoholic
6 liquors, the board of trustees of the public library district
7 must have a written policy that has been approved by the board
8 of trustees of the public library district governing when and
9 under what circumstances alcoholic liquors may be delivered to
10 and sold at retail on property owned by that public library
11 district. The written policy must (i) provide that no
12 alcoholic liquor may be sold, distributed, or consumed in any
13 area of the library accessible to the general public during
14 the event or program, (ii) prohibit the removal of alcoholic
15 liquor from the venue during the event, and (iii) require that
16 steps be taken to prevent the sale or distribution of
17 alcoholic liquor to persons under the age of 21. Any public
18 library district that has alcoholic liquor delivered to or
19 sold at retail on property owned by the public library
20 district shall provide dram shop liability insurance in
21 maximum insurance coverage limits so as to save harmless the
22 public library districts from all financial loss, damage, or
23 harm.
24 Alcoholic liquors may be sold or delivered in buildings
25 owned by the Community Building Complex Committee of Boone
26 County, Illinois if the person or facility selling or
HB2547 Enrolled - 260 - LRB104 09526 KTG 19589 b
1 dispensing the alcoholic liquor has provided dram shop
2 liability insurance with coverage and in amounts that the
3 Committee reasonably determines are necessary.
4 Alcoholic liquors may be sold or delivered in the building
5 located at 1200 Centerville Avenue in Belleville, Illinois and
6 occupied by either the Belleville Area Special Education
7 District or the Belleville Area Special Services Cooperative.
8 Alcoholic liquors may be delivered to and sold at the
9 Louis Joliet Renaissance Center, City Center Campus, located
10 at 214 N. Ottawa Street, Joliet, and the Food
11 Services/Culinary Arts Department facilities, Main Campus,
12 located at 1215 Houbolt Road, Joliet, owned by or under the
13 control of Joliet Junior College, Illinois Community College
14 District No. 525.
15 Alcoholic liquors may be delivered to and sold at Triton
16 College, Illinois Community College District No. 504.
17 Alcoholic liquors may be delivered to and sold at the
18 College of DuPage, Illinois Community College District No.
19 502.
20 Alcoholic liquors may be delivered to and sold on any
21 property owned, operated, or controlled by Lewis and Clark
22 Community College, Illinois Community College District No.
23 536.
24 Alcoholic liquors may be delivered to and sold at the
25 building located at 446 East Hickory Avenue in Apple River,
26 Illinois, owned by the Apple River Fire Protection District,
HB2547 Enrolled - 261 - LRB104 09526 KTG 19589 b
1 and occupied by the Apple River Community Association if the
2 alcoholic liquor is sold or dispensed only in connection with
3 organized functions approved by the Apple River Community
4 Association for which the planned attendance is 20 or more
5 persons and if the person or facility selling or dispensing
6 the alcoholic liquor has provided dram shop liability
7 insurance in maximum limits so as to hold harmless the Apple
8 River Fire Protection District, the Village of Apple River,
9 and the Apple River Community Association from all financial
10 loss, damage, and harm.
11 Alcoholic liquors may be delivered to and sold at the
12 Sikia Restaurant, Kennedy King College Campus, located at 740
13 West 63rd Street, Chicago, and at the Food Services in the
14 Great Hall/Washburne Culinary Institute Department facility,
15 Kennedy King College Campus, located at 740 West 63rd Street,
16 Chicago, owned by or under the control of City Colleges of
17 Chicago, Illinois Community College District No. 508.
18 Alcoholic liquors may be delivered to and sold at the
19 building located at 305 West Grove St. in Poplar Grove,
20 Illinois that is owned and operated by North Boone Fire
21 District #3 if the alcoholic liquor is sold or dispensed only
22 in connection with organized functions approved by the North
23 Boone Fire District #3 for which the planned attendance is 20
24 or more persons and if the person or facility selling or
25 dispensing the alcoholic liquor has provided dram shop
26 liability insurance in maximum limits so as to hold harmless
HB2547 Enrolled - 262 - LRB104 09526 KTG 19589 b
1 North Boone County Fire District #3 from all financial loss,
2 damage, and harm.
3 (Source: P.A. 103-956, eff. 8-9-24; 103-971, eff. 8-9-24;
4 revised 9-25-24.)
5 Section 300. The Illinois Public Aid Code is amended by
6 changing Section 11-5.2 as follows:
7 (305 ILCS 5/11-5.2)
8 Sec. 11-5.2. Income, Residency, and Identity Verification
9 System.
10 (a) The Department shall ensure that its proposed
11 integrated eligibility system shall include the computerized
12 functions of income, residency, and identity eligibility
13 verification to verify eligibility, eliminate duplication of
14 medical assistance, and deter fraud. Until the integrated
15 eligibility system is operational, the Department may enter
16 into a contract with the vendor selected pursuant to Section
17 11-5.3 as necessary to obtain the electronic data matching
18 described in this Section. This contract shall be exempt from
19 the Illinois Procurement Code pursuant to subsection (h) of
20 Section 1-10 of that Code.
21 (b) Prior to awarding medical assistance at application
22 under Article V of this Code, the Department shall, to the
23 extent such databases are available to the Department, conduct
24 data matches using the name, date of birth, address, and
HB2547 Enrolled - 263 - LRB104 09526 KTG 19589 b
1 Social Security Number of each applicant or recipient or
2 responsible relative of an applicant or recipient against the
3 following:
4 (1) Income tax information.
5 (2) Employer reports of income and unemployment
6 insurance payment information maintained by the Department
7 of Employment Security.
8 (3) Earned and unearned income, citizenship and death,
9 and other relevant information maintained by the Social
10 Security Administration.
11 (4) Immigration status information maintained by the
12 United States Citizenship and Immigration Services.
13 (5) Wage reporting and similar information maintained
14 by states contiguous to this State.
15 (6) Employment information maintained by the
16 Department of Employment Security in its New Hire
17 Directory database.
18 (7) Employment information maintained by the United
19 States Department of Health and Human Services in its
20 National Directory of New Hires database.
21 (8) Veterans' benefits information maintained by the
22 United States Department of Health and Human Services, in
23 coordination with the Department of Health and Human
24 Services and the Department of Veterans Veterans' Affairs,
25 in the federal Public Assistance Reporting Information
26 System (PARIS) database.
HB2547 Enrolled - 264 - LRB104 09526 KTG 19589 b
1 (9) Residency information maintained by the Illinois
2 Secretary of State.
3 (10) A database which is substantially similar to or a
4 successor of a database described in this Section that
5 contains information relevant for verifying eligibility
6 for medical assistance.
7 (c) (Blank).
8 (d) If a discrepancy results between information provided
9 by an applicant, recipient, or responsible relative and
10 information contained in one or more of the databases or
11 information tools listed under subsection (b) of this Section
12 or subsection (c) of Section 11-5.3 and that discrepancy calls
13 into question the accuracy of information relevant to a
14 condition of eligibility provided by the applicant, recipient,
15 or responsible relative, the Department or its contractor
16 shall review the applicant's or recipient's case using the
17 following procedures:
18 (1) If the information discovered under subsection (b)
19 of this Section or subsection (c) of Section 11-5.3 does
20 not result in the Department finding the applicant or
21 recipient ineligible for assistance under Article V of
22 this Code, the Department shall finalize the determination
23 or redetermination of eligibility.
24 (2) If the information discovered results in the
25 Department finding the applicant or recipient ineligible
26 for assistance, the Department shall provide notice as set
HB2547 Enrolled - 265 - LRB104 09526 KTG 19589 b
1 forth in Section 11-7 of this Article.
2 (3) If the information discovered is insufficient to
3 determine that the applicant or recipient is eligible or
4 ineligible, the Department shall provide written notice to
5 the applicant or recipient which shall describe in
6 sufficient detail the circumstances of the discrepancy,
7 the information or documentation required, the manner in
8 which the applicant or recipient may respond, and the
9 consequences of failing to take action. The applicant or
10 recipient shall have 10 business days to respond.
11 (4) If the applicant or recipient does not respond to
12 the notice, the Department shall deny assistance for
13 failure to cooperate, in which case the Department shall
14 provide notice as set forth in Section 11-7. Eligibility
15 for assistance shall not be established until the
16 discrepancy has been resolved.
17 (5) If an applicant or recipient responds to the
18 notice, the Department shall determine the effect of the
19 information or documentation provided on the applicant's
20 or recipient's case and shall take appropriate action.
21 Written notice of the Department's action shall be
22 provided as set forth in Section 11-7 of this Article.
23 (6) Suspected cases of fraud shall be referred to the
24 Department's Inspector General.
25 (e) The Department shall adopt any rules necessary to
26 implement this Section.
HB2547 Enrolled - 266 - LRB104 09526 KTG 19589 b
1 (Source: P.A. 97-689, eff. 6-14-12; 98-756, eff. 7-16-14.)
2 Section 305. The Illinois Affordable Housing Act is
3 amended by changing Section 14 as follows:
4 (310 ILCS 65/14) (from Ch. 67 1/2, par. 1264)
5 Sec. 14. Homeless Veterans Demonstration Project. (a) The
6 Program Administrator shall, on the recommendation of the
7 Commission and in cooperation with the Department of Veterans
8 Veterans' Affairs, implement a demonstration project for low
9 and very low-income homeless veterans and their families. This
10 demonstration project shall consist of a short-term shelter,
11 and will also provide assistance in assessing the needs of
12 veterans, ascertaining the programs for which veterans may be
13 eligible and making application for such programs and services
14 and referral to appropriate agencies. The project shall, to
15 the extent possible, establish liaisons with labor
16 organizations, community colleges, vocational rehabilitation
17 programs and other providers of trade apprenticeships and
18 other job training programs.
19 (b) The Program Administrator shall submit to the Governor
20 and the General Assembly a report by January 1, 1991
21 evaluating the effectiveness of the project provided in this
22 Section. The report shall include, but not be limited to, the
23 number of persons served under the project, information as to
24 the cost of the services, and recommendations as to whether
HB2547 Enrolled - 267 - LRB104 09526 KTG 19589 b
1 additional homeless veterans projects should be established.
2 (Source: P.A. 86-925.)
3 Section 310. The Older Adult Services Act is amended by
4 changing Section 35 as follows:
5 (320 ILCS 42/35)
6 Sec. 35. Older Adult Services Advisory Committee.
7 (a) The Older Adult Services Advisory Committee is created
8 to advise the directors of Aging, Healthcare and Family
9 Services, and Public Health on all matters related to this Act
10 and the delivery of services to older adults in general.
11 (b) The Advisory Committee shall be comprised of the
12 following:
13 (1) The Director of Aging or his or her designee, who
14 shall serve as chair and shall be an ex officio and
15 nonvoting member.
16 (2) The Director of Healthcare and Family Services and
17 the Director of Public Health or their designees, who
18 shall serve as vice-chairs and shall be ex officio and
19 nonvoting members.
20 (3) One representative each of the Governor's Office,
21 the Department of Healthcare and Family Services, the
22 Department of Public Health, the Department of Veterans
23 Veterans' Affairs, the Department of Human Services, the
24 Department of Insurance, the Department on Aging, the
HB2547 Enrolled - 268 - LRB104 09526 KTG 19589 b
1 Department on Aging's State Long Term Care Ombudsman, the
2 Illinois Housing Finance Authority, and the Illinois
3 Housing Development Authority, each of whom shall be
4 selected by his or her respective director and shall be an
5 ex officio and nonvoting member.
6 (4) Thirty members appointed by the Director of Aging
7 in collaboration with the directors of Public Health and
8 Healthcare and Family Services, and selected from the
9 recommendations of statewide associations and
10 organizations, as follows:
11 (A) One member representing the Area Agencies on
12 Aging;
13 (B) Four members representing nursing homes or
14 licensed assisted living establishments;
15 (C) One member representing home health agencies;
16 (D) One member representing case management
17 services;
18 (E) One member representing statewide senior
19 center associations;
20 (F) One member representing Community Care Program
21 homemaker services;
22 (G) One member representing Community Care Program
23 adult day services;
24 (H) One member representing nutrition project
25 directors;
26 (I) One member representing hospice programs;
HB2547 Enrolled - 269 - LRB104 09526 KTG 19589 b
1 (J) One member representing individuals with
2 Alzheimer's disease and related dementias;
3 (K) Two members representing statewide trade or
4 labor unions;
5 (L) One advanced practice registered nurse with
6 experience in gerontological nursing;
7 (M) One physician specializing in gerontology;
8 (N) One member representing regional long-term
9 care ombudsmen;
10 (O) One member representing municipal, township,
11 or county officials;
12 (P) (Blank);
13 (Q) (Blank);
14 (R) One member representing the parish nurse
15 movement;
16 (S) One member representing pharmacists;
17 (T) Two members representing statewide
18 organizations engaging in advocacy or legal
19 representation on behalf of the senior population;
20 (U) Two family caregivers;
21 (V) Two citizen members over the age of 60;
22 (W) One citizen with knowledge in the area of
23 gerontology research or health care law;
24 (X) One representative of health care facilities
25 licensed under the Hospital Licensing Act; and
26 (Y) One representative of primary care service
HB2547 Enrolled - 270 - LRB104 09526 KTG 19589 b
1 providers.
2 The Director of Aging, in collaboration with the Directors
3 of Public Health and Healthcare and Family Services, may
4 appoint additional citizen members to the Older Adult Services
5 Advisory Committee. Each such additional member must be either
6 an individual age 60 or older or an uncompensated caregiver
7 for a family member or friend who is age 60 or older.
8 (c) Voting members of the Advisory Committee shall serve
9 for a term of 3 years or until a replacement is named. All
10 members shall be appointed no later than January 1, 2005. Of
11 the initial appointees, as determined by lot, 10 members shall
12 serve a term of one year; 10 shall serve for a term of 2 years;
13 and 12 shall serve for a term of 3 years. Any member appointed
14 to fill a vacancy occurring prior to the expiration of the term
15 for which his or her predecessor was appointed shall be
16 appointed for the remainder of that term. The Advisory
17 Committee shall meet at least quarterly and may meet more
18 frequently at the call of the Chair. A simple majority of those
19 appointed shall constitute a quorum. The affirmative vote of a
20 majority of those present and voting shall be necessary for
21 Advisory Committee action. Members of the Advisory Committee
22 shall receive no compensation for their services.
23 (d) The Advisory Committee shall have an Executive
24 Committee comprised of the Chair, the Vice Chairs, and up to 15
25 members of the Advisory Committee appointed by the Chair who
26 have demonstrated expertise in developing, implementing, or
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1 coordinating the system restructuring initiatives defined in
2 Section 25. The Executive Committee shall have responsibility
3 to oversee and structure the operations of the Advisory
4 Committee and to create and appoint necessary subcommittees
5 and subcommittee members. The Advisory Committee's Community
6 Care Program Medicaid Enrollment Oversight Subcommittee shall
7 have the membership and powers and duties set forth in Section
8 4.02 of the Illinois Act on the Aging.
9 (e) The Advisory Committee shall study and make
10 recommendations related to the implementation of this Act,
11 including, but not limited to, system restructuring
12 initiatives as defined in Section 25 or otherwise related to
13 this Act.
14 (Source: P.A. 100-513, eff. 1-1-18; 100-587, eff. 6-4-18;
15 100-621, eff. 7-20-18; 101-81, eff. 7-12-19.)
16 Section 315. The Illinois Caregiver Assistance and
17 Resource Portal Act is amended by changing Sections 25-10,
18 25-20, and 25-25 as follows:
19 (320 ILCS 70/25-10)
20 Sec. 25-10. Establishment of the Illinois Caregiver
21 Assistance and Resources Portal.
22 (a) The Department on Aging, in consultation with the
23 Department of Healthcare and Family Services, the Department
24 of Public Health, and the Department of Veterans Veterans'
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1 Affairs, shall be responsible for the creation and maintenance
2 of the Illinois Caregiver Assistance and Resource Portal
3 (hereinafter referred to as the "Portal").
4 (b) The Portal shall serve as a centralized and trusted
5 online platform offering a wide range of resources related to
6 caregiving, including, but not limited to:
7 (1) Information on State and federal programs,
8 benefits, and resources on caregiving, long-term care, and
9 at-home care for Illinois residents who are 50 years of
10 age or older.
11 (2) Information from non-profit organizations
12 providing free-of-charge caregiving support and resources.
13 (3) Tools and guides for developing and implementing
14 caregiving plans.
15 (4) Direct contact information for relevant Illinois
16 agencies, organizations, and other State-licensed
17 long-term care, aging, senior support services, and
18 at-home care providers.
19 (5) Educational materials, articles, and videos on
20 caregiving best practices.
21 (6) Accommodations for users with different language
22 preferences, ensuring the information is accessible to
23 diverse audiences.
24 (c) By incorporating these resources, the Portal aims to
25 serve as a comprehensive and user-friendly hub for caregivers,
26 providing them with the tools, information, and support they
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1 need to navigate the complex landscape of caregiving, nursing
2 home care, and at-home care and other essential resources that
3 are readily accessible. Additional information and resources
4 to be featured may include the following:
5 (1) Caregiving resources: A comprehensive section
6 dedicated to caregiving, including guides, articles, and
7 videos on caregiving techniques, managing caregiver
8 stress, and enhancing the quality of care provided.
9 (2) Home and community-based services: Resources,
10 descriptions, and opportunities on how the State supports
11 family caregivers, to include, but not be limited to, the
12 Senior HelpLine, Illinois Care Connections, the Community
13 Care Program, Adult Protective Services, the Illinois
14 Long-Term Care Ombudsman, Adult Day Services, the Home
15 Delivered Meals program, and all other programming and
16 services offered by the Department on Aging.
17 (3) Nursing home care: State and federal information
18 and online resources on nursing homes, including facility
19 ratings, reviews, and resources for choosing the right
20 nursing home based on specific needs and preferences.
21 (4) Area Agency on Aging: A dedicated section
22 highlighting the services and programs offered by Area
23 Agencies on Aging, including, but not limited to,
24 assistance with long-term care planning, nutrition,
25 transportation, caregiver support and need assessment, and
26 the address and contact information of statewide Area
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1 Agencies on Aging and Aging and Disability Resource
2 Centers.
3 (5) At-home care: Resources and guides for at-home
4 care, including information on hiring caregivers, managing
5 in-home medical and non-medical care, and ensuring a safe
6 and comfortable home environment.
7 (6) Hospital-to-home transition: A specialized section
8 focusing on the transition from hospital care to
9 home-based care, offering tips, checklists, and resources
10 to ensure a smooth transition and continued recovery at
11 home.
12 (7) Contact Information: Direct contact details for
13 relevant agencies, organizations, and State-licensed
14 professionals involved in caregiving, nursing home care,
15 and at-home care, making it easy for users to connect with
16 the right resources.
17 (8) Medicaid coverage and resources: Information on
18 Medicaid coverage for long-term care services, eligibility
19 criteria, application procedures, and available
20 Medicaid-funded programs and services to support
21 caregivers and care recipients.
22 (9) Financial assistance: Details on financial
23 assistance programs and benefits available at the State
24 and federal levels, including grants, subsidies, and tax
25 incentives that can ease the financial burden of
26 caregiving.
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1 (10) Veterans' assistance: Details on veterans'
2 assistance programs and benefits available at the State
3 and federal levels.
4 (11) Legal and planning Tools: Resources for legal
5 matters related to caregiving, such as power of attorney,
6 advance directives, and estate planning, and tools to help
7 users create and manage caregiving plans. Services offered
8 under this paragraph do not include the practice of law.
9 (12) Support groups: A directory of local caregiver
10 support groups and online communities where caregivers can
11 connect, share experiences, and receive emotional support.
12 (Source: P.A. 103-588, eff. 6-5-24.)
13 (320 ILCS 70/25-20)
14 Sec. 25-20. Outreach and promotion.
15 (a) The Department on Aging, in consultation with the
16 Department of Healthcare and Family Services, the Department
17 of Public Health, the Department of Human Services, and the
18 Department of Veterans Veterans' Affairs, shall undertake an
19 outreach and promotional campaign to raise awareness about the
20 Portal and its resources upon completion.
21 (b) The campaign shall include a digital-first strategy to
22 inform health care providers, social service agencies, and
23 community organizations about the Portal's availability.
24 (c) The campaign shall coordinate with the State-wide
25 2-1-1 Service system administered under the 2-1-1 Service Act
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1 in order to insure persons calling 2-1-1 telephone lines are
2 directed, when appropriate, to the Portal and reciprocally to
3 2-1-1.
4 (Source: P.A. 103-588, eff. 6-5-24.)
5 (320 ILCS 70/25-25)
6 Sec. 25-25. Reporting and evaluation. The Department on
7 Aging, in consultation with the Department of Healthcare and
8 Family Services, the Department of Public Health, and the
9 Department of Veterans Veterans' Affairs, shall provide an
10 annual report to the General Assembly and the Governor
11 outlining the usage statistics, user feedback, and any
12 necessary improvements to the Portal.
13 (Source: P.A. 103-588, eff. 6-5-24.)
14 Section 320. The Viet Nam Veterans Compensation Act is
15 amended by changing Sections 3, 5, and 6 as follows:
16 (330 ILCS 30/3) (from Ch. 126 1/2, par. 57.53)
17 Sec. 3. The widow or widower, child or children, mother,
18 father, person standing in loco parentis, brothers and
19 sisters, in the order named, of any deceased person shall be
20 paid the compensation to which the deceased person would be
21 entitled under Section 2 of this Act. Where such deceased
22 person would have qualified for compensation under Section 2
23 except for his death and his death was connected with such
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1 service and resulted from such service during the time period
2 specified in Section 2, his survivors, in the order named in
3 this Section, shall be paid $1000.
4 Where a preceding beneficiary fails to file a claim for
5 compensation after the official notice of death the Department
6 of Veterans Veterans' Affairs may proceed to process
7 applications from succeeding beneficiaries, and such
8 beneficiaries may then proceed to qualify upon submission of
9 satisfactory proof of eligibility.
10 (Source: P.A. 100-143, eff. 1-1-18.)
11 (330 ILCS 30/5) (from Ch. 126 1/2, par. 57.55)
12 Sec. 5. The Department of Veterans Veterans' Affairs has
13 complete charge and control of the general scheme of payments
14 authorized by this Act and shall adopt general rules for the
15 making of such payments, the ascertainment and selection of
16 proper beneficiaries and the amount to which such
17 beneficiaries are entitled, and for procedure.
18 If the person to whom compensation is payable under this
19 Act is under legal disability, it shall be paid to the person
20 legally vested with the care of such legally disabled person
21 under the laws of his State of residence. If no such person has
22 been so designated for the legally disabled person, payment
23 shall be made to the chief officer of any hospital or
24 institution under the supervision or control of any State or
25 of the Veterans Administration of the United States in which
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1 such legally disabled person is placed, if such officer is
2 authorized to accept moneys for the benefit of the
3 incompetent. Any payments so made shall be held or used solely
4 for the benefit of the legally disabled person.
5 As used in this Section, a person under legal disability
6 means any person found to be so disabled by a court of
7 competent jurisdiction of any State or the District of
8 Columbia or by any adjudication officer of the Veterans
9 Administration of the United States.
10 (Source: P.A. 100-143, eff. 1-1-18.)
11 (330 ILCS 30/6) (from Ch. 126 1/2, par. 57.56)
12 Sec. 6. Any application for compensation under this Act
13 must be made to the Illinois Department of Veterans Veterans'
14 Affairs.
15 (Source: P.A. 80-244.)
16 Section 325. The War on Terrorism Compensation Act is
17 amended by changing Sections 5 and 25 as follows:
18 (330 ILCS 32/5)
19 Sec. 5. Definitions. In this Act:
20 "Armed forces of the United States" means the United
21 States Army, Navy, Air Force, Space Force, Marine Corps, or
22 Coast Guard, the United States Reserve Forces, or the Illinois
23 National Guard. Service in the merchant marine is not service
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1 in the armed forces for purposes of this Act.
2 "Department" means the Illinois Department of Veterans
3 Veterans' Affairs.
4 (Source: P.A. 103-746, eff. 1-1-25.)
5 (330 ILCS 32/25)
6 Sec. 25. Application to Department of Veterans Veterans'
7 Affairs. An application for compensation under this Act must
8 be made to the Department.
9 (Source: P.A. 96-76, eff. 7-24-09.)
10 Section 330. The Prisoner of War Bonus Act is amended by
11 changing Sections 2, 4, and 5 as follows:
12 (330 ILCS 35/2) (from Ch. 126 1/2, par. 57.62)
13 Sec. 2. The widow or widower, child or children, mother,
14 father, person standing in loco parentis, brothers and
15 sisters, in the order named, of any deceased person shall be
16 paid the compensation to which the deceased person would be
17 entitled under Section 1 of this Act.
18 Where a preceding beneficiary fails to file a claim for
19 compensation after the official notice of death the Department
20 of Veterans Veterans' Affairs may proceed to process
21 applications from succeeding beneficiaries and such
22 beneficiaries may then proceed to qualify upon submission of
23 satisfactory proof of eligibility.
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1 (Source: P.A. 100-143, eff. 1-1-18.)
2 (330 ILCS 35/4) (from Ch. 126 1/2, par. 57.64)
3 Sec. 4. The Department of Veterans Veterans' Affairs has
4 complete charge and control of the general scheme of payments
5 authorized by this Act and shall adopt general rules for the
6 making of such payments, the ascertainment and selection of
7 proper beneficiaries and the amount to which such
8 beneficiaries are entitled, and for procedure.
9 If the person to whom compensation is payable under this
10 Act is a person under a legal disability, it shall be paid to
11 the person legally vested with the care of such person under a
12 legal disability under the laws of this State of residence. If
13 no such person has been so designated for the person under a
14 legal disability, payment shall be made to the chief officer
15 of any hospital or institution under the supervision or
16 control of any State or of the Veterans Administration of the
17 United States in which such person under a legal disability is
18 placed, if such officer is authorized to accept moneys for the
19 benefit of the person under a legal disability. Any payments
20 so made shall be held or used solely for the benefit of the
21 person under a legal disability.
22 As used in this Section, a person under a legal disability
23 means any person found to be so disabled by a court of
24 competent jurisdiction of any State or the District of
25 Columbia or by any adjudication officer of the Veterans
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1 Administration of the United States.
2 (Source: P.A. 99-143, eff. 7-27-15.)
3 (330 ILCS 35/5) (from Ch. 126 1/2, par. 57.65)
4 Sec. 5. Any application for compensation under this Act
5 must be made to the Department of Veterans Veterans' Affairs.
6 (Source: P.A. 79-293.)
7 Section 335. The War Bonus Extension Act is amended by
8 changing Section 1 as follows:
9 (330 ILCS 40/1) (from Ch. 126 1/2, par. 57.71)
10 Sec. 1. As used in this Act:
11 "World War II Bonus Act" means "An Act to provide payment
12 of compensation to certain persons who served with the
13 military or naval forces of the United States prior to or in
14 the recent war with Germany, Italy, Japan and other nations,
15 or to their survivors, and to authorize the issuance and sale
16 of bonds of the State of Illinois to make said payments and to
17 provide for the payment of the principal of and interest upon
18 said bonds by a direct annual tax and by taxes levied and
19 imposed by amending Sections 6, 10 and 10a of the 'Illinois
20 Horse Racing Act', filed June 13, 1927, as amended, and by
21 taxes levied and imposed by amending Sections 2, 3 and 29 of
22 the 'Cigarette Tax Act', approved June 2, 1941, as amended",
23 approved June 14, 1946, as that Act existed immediately prior
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1 to the repeal of Sections 1-1 through 1-6 thereof.
2 "Korean Veterans Compensation Act" means "AN ACT to
3 provide payment of compensation to certain persons who served
4 with the armed forces of the United States during the recent
5 armed struggle which is commonly called the Korean Conflict,
6 or to survivors; and to provide funds for the payment of such
7 compensation by a tax levied and imposed by amending Sections
8 2 and 29 of the 'Cigarette Tax Act', approved June 2, 1941, as
9 amended, and by a tax levied and imposed by amending Sections 2
10 and 35 of the 'Cigarette Use Tax Act', approved July 11, 1951,
11 as amended, and to make appropriations in connection
12 therewith", approved July 17, 1959, as that Act existed
13 immediately prior to the repeal of Sections 1-1 through 1-7
14 thereof.
15 "Department" means the Illinois Department of Veterans
16 Veterans' Affairs.
17 (Source: P.A. 80-243.)
18 Section 340. The Military Veterans Assistance Act is
19 amended by changing Section 1 as follows:
20 (330 ILCS 45/1) (from Ch. 23, par. 3081)
21 Sec. 1. Definitions. As used in this Act:
22 "Veteran service organization" means a post, ship, camp,
23 chapter, or detachment of a congressionally chartered or state
24 chartered organization that (i) is formed by and for veterans,
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1 (ii) has a paid membership of at least 15 individuals, and
2 (iii) provides responsible aid, assistance, or services to the
3 veteran community.
4 "Administrator of military veterans assistance" means the
5 commanders of the various veteran service organizations, the
6 superintendent of a County Veterans Assistance Commission, or
7 other persons whose duty it is, under the existing statutes,
8 to care for, relieve or maintain, wholly or in part, any person
9 who may be entitled to such assistance under the statutes of
10 the State of Illinois. This Act shall not infringe upon the
11 mandated powers and authorities vested in the Illinois
12 Department of Veterans Veterans' Affairs.
13 (Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)
14 Section 355. The Housing for Veterans with Disabilities
15 Act is amended by changing Sections 2.1 and 3 as follows:
16 (330 ILCS 65/2.1) (from Ch. 126 1/2, par. 59.1)
17 Sec. 2.1. (a) The Illinois Department of Veterans
18 Veterans' Affairs shall provide assistance to a veteran who is
19 eligible for and has been approved by the Administrator of
20 Veterans Affairs for the grant authorized under Section 801(b)
21 of Title 38 of the United States Code for remodeling a
22 dwelling, which is not adapted to the requirements of the
23 veteran's disability, and which was acquired by him prior to
24 his application for federal assistance.
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1 (b) The amount of State assistance provided to a veteran
2 under subsection (a) of this Section shall be equal to the
3 lesser of (1) the difference between the total cost of
4 remodeling and the amount of assistance provided by the
5 federal government under Title 38, Section 801(b) of the
6 United States Code or (2) $3,000. However, if the amount of the
7 federal assistance is at least equal to the total cost of
8 remodeling the dwelling, then no State assistance shall be
9 granted under this Section.
10 (c) A veteran eligible for assistance under subsection (a)
11 of this Section shall not by reason of such eligibility be
12 denied benefits for which such veteran becomes eligible under
13 Section 2 of this Act.
14 (Source: P.A. 100-201, eff. 8-18-17.)
15 (330 ILCS 65/3) (from Ch. 126 1/2, par. 60)
16 Sec. 3. Application for assistance under this Act shall be
17 made by the veteran to the Illinois Department of Veterans
18 Veterans' Affairs and shall be accompanied by satisfactory
19 evidence that the veteran has been approved by the
20 Administrator of Veterans Affairs for assistance in acquiring
21 a suitable dwelling unit or in remodeling a dwelling not
22 adapted to the requirements of his disability. The application
23 shall contain such information as will enable the Illinois
24 Department of Veterans Veterans' Affairs to determine the
25 amount of assistance to which the veteran is entitled. The
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1 Illinois Department of Veterans Veterans' Affairs shall adopt
2 general rules for determining the question of whether an
3 applicant was a resident of this State at the time he entered
4 the service, and shall prescribe by rule the nature of the
5 proof to be submitted to establish the fact of residence. The
6 Illinois Department of Veterans Veterans' Affairs shall adopt
7 guidelines for determining types of remodeling and adaptations
8 which are reasonably necessary because of a veteran's
9 disability, for a veteran eligible for assistance under
10 Section 2.1 of this Act.
11 (Source: P.A. 100-201, eff. 8-18-17.)
12 Section 360. The Records for Veterans Administration Act
13 is amended by changing Section 2 as follows:
14 (330 ILCS 70/2) (from Ch. 116, par. 30)
15 Sec. 2. Whenever a copy of any public record is required by
16 any accredited Veterans Organization, the Department of
17 Veterans Veterans' Affairs, the Veterans Administration, the
18 Veteran or his dependent in connection with a claim for
19 benefits, the official charged with the custody of such public
20 record shall without charge provide accredited Veterans
21 Organization, the Department of Veterans Veterans' Affairs,
22 the Veterans Administration, the Veteran or his dependent,
23 with a certified copy of the requested record.
24 The request for the copy of the record must be in writing
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1 with a statement, signed by an authorized official of the
2 accredited veterans organization, the Department of Veterans
3 Veterans' Affairs, the Veterans Administration, the Veteran or
4 his dependent, to the effect that the requested document is to
5 be used in obtaining benefits and, if the copy of the record is
6 to be mailed, must be accompanied by sufficient postage to pay
7 the cost of mailing. When the request is made as provided in
8 this section and, if mailing is necessary, is accompanied by
9 sufficient postage, the furnishing of the certified copy of
10 the record is mandatory upon the official charged with its
11 custody, and shall not be subject to the approval or sanction
12 of any other person, agency, or body politic or corporate
13 whether federal, state or municipal.
14 (Source: P.A. 85-169.)
15 Section 365. The Survivors Compensation Act is amended by
16 changing Sections 2, 3, and 4 as follows:
17 (330 ILCS 100/2) (from Ch. 126 1/2, par. 57.82)
18 Sec. 2. Persons entitled to compensation. The widow or
19 widower, child or children, mother, father, persons standing
20 in loco parentis, brothers and sisters, in the order named, of
21 any deceased person if (a) that person was a resident of
22 Illinois for at least 12 months immediately preceding entry
23 into military service and (b) that person's death was service
24 connected as a result of hostile action with unfriendly forces
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1 during a period which has not been recognized by award of a
2 U.S. campaign or service medal, shall be paid $1,000. Where a
3 preceding beneficiary fails to file a claim of compensation
4 after the official notice of death, the Department of Veterans
5 Veterans' Affairs may accept applications from succeeding
6 beneficiaries and such beneficiaries may then proceed to
7 qualify upon submission of satisfactory proof of eligibility.
8 (Source: P.A. 91-357, eff. 7-29-99.)
9 (330 ILCS 100/3) (from Ch. 126 1/2, par. 57.83)
10 Sec. 3. Applications. Any application for compensation
11 under this Act shall be made to the Illinois Department of
12 Veterans Veterans' Affairs on the form provided.
13 (Source: P.A. 85-170.)
14 (330 ILCS 100/4)
15 Sec. 4. Compensation in connection with deceased veterans
16 of the Global War on Terrorism.
17 (a) The widow or widower, child or children, mother,
18 father, persons standing in loco parentis, brothers and
19 sisters, in the order named, of any deceased person if (i) that
20 person was a resident of Illinois for at least 12 months
21 immediately preceding entry into military service and (ii)
22 that person's death was service-connected as a result of
23 hostile action on or after September 11, 2001 and prior to such
24 time as Congress declares such persons ineligible for the
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1 Global War on Terrorism Expeditionary Medal or the Global War
2 on Terrorism Service Medal shall be paid $3,000.
3 (b) If a preceding beneficiary fails to file a claim of
4 compensation after the official notice of death, the
5 Department of Veterans Veterans' Affairs may accept
6 applications from succeeding beneficiaries, and such
7 beneficiaries may then proceed to qualify upon submission of
8 satisfactory proof of eligibility.
9 (c) No right or claim to compensation under this Section
10 may be assigned.
11 (d) The Illinois Department of Veterans Veterans' Affairs
12 has complete charge and control of the general scheme of
13 payments authorized by this Section and shall adopt general
14 rules for the making of those payments, for the ascertainment
15 and selection of proper beneficiaries and the amount to which
16 those beneficiaries are entitled, and for procedure.
17 (e) If the person to whom compensation is payable under
18 this Section is under legal disability, the compensation shall
19 be paid to the person legally vested with the care of the
20 legally disabled person under the laws of his or her state of
21 residence. If no such person has been so designated for the
22 legally disabled person, payment shall be made to the chief
23 officer of any hospital or institution under the supervision
24 or control of any state or of the Veterans Administration of
25 the United States in which the legally disabled person is
26 placed, if the officer is authorized to accept moneys for the
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1 benefit of the incompetent. Any payments so made shall be held
2 or used solely for the benefit of the legally disabled person.
3 As used in this Section, a person "under legal disability"
4 means any person found to be so disabled by a court of
5 competent jurisdiction of any state or the District of
6 Columbia or by any adjudication officer of the Veterans
7 Administration of the United States.
8 (Source: P.A. 93-976, eff. 8-20-04.)
9 Section 370. The Deceased, Disabled, and MIA/POW Veterans'
10 Dependents Educational Opportunity Grant Act is amended by
11 changing Sections 1 and 2 as follows:
12 (330 ILCS 105/1) (from Ch. 126 1/2, par. 26)
13 Sec. 1. The Illinois Department of Veterans Veterans'
14 Affairs shall provide, insofar as moneys are appropriated for
15 those purposes, for matriculation and tuition fees, board,
16 room rent, books and supplies for the use and benefit of any
17 natural child, adopted child, minor child who is under a
18 court-ordered guardianship for at least 2 continuous years
19 prior to application, or step-child of an eligible veteran or
20 serviceperson, if the child is not under 10 and not over 18
21 years of age, except extension of time may be granted for a
22 child to complete high school but in no event beyond the 19th
23 birthday, who has for 12 months immediately preceding his or
24 her application for these benefits had his or her domicile in
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1 the State of Illinois. The child must provide proof of
2 compliance with Illinois compulsory attendance requirements as
3 provided in Section 26-1 of the School Code.
4 "Eligible veteran or serviceperson" means any veteran or
5 serviceperson, including an Illinois National Guard member,
6 who is on active duty or is active on a training assignment,
7 who has been declared by the U.S. Department of Defense or the
8 U.S. Department of Veterans Affairs to be a prisoner of war or
9 missing in action, or has died as the result of a
10 service-connected disability, or has become a person with a
11 permanent disability from service-connected causes with 100%
12 disability and who (i) at the time of entering service was an
13 Illinois resident, or (ii) was an Illinois resident within 6
14 months after entering such service, or (iii) is a resident of
15 Illinois at the time of application for the grant and, at some
16 point after entering such service, was a resident of Illinois
17 for at least 15 consecutive years. No more than $250.00 may be
18 paid under this Act for any one child for any one school year.
19 (Source: P.A. 102-855, eff. 5-13-22.)
20 (330 ILCS 105/2) (from Ch. 126 1/2, par. 27)
21 Sec. 2. The amounts that become due to any child under this
22 Act, not in excess of the amount specified in Section 1 of this
23 Act, shall be payable to such child or, if such child is a
24 minor, to the eligible veteran or serviceperson or guardian on
25 vouchers approved by the Illinois Department of Veterans
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1 Veterans' Affairs. The Illinois Department of Veterans
2 Veterans' Affairs shall adopt rules on how to render payments
3 to eligible minor children of deceased veterans or
4 servicepersons. The Department shall determine the eligibility
5 of the children who make application for the benefits provided
6 for in this Act; and satisfy itself of the attendance of such
7 children at any such institution or school.
8 (Source: P.A. 102-855, eff. 5-13-22.)
9 Section 375. The Veterans Burial Places Act is amended by
10 changing Sections 1, 2, 3, and 3.1 as follows:
11 (330 ILCS 110/1) (from Ch. 21, par. 59a)
12 Sec. 1. For the purpose of locating the burial places of
13 United States War Veterans and reporting to the United States
14 Government under the provisions of the Federal Law respecting
15 the erection of headstones at the graves of United States War
16 Veterans and the erection of memorial markers where the
17 remains of such veterans were not recovered or were buried at
18 sea, the Department of Veterans Veterans' Affairs shall
19 maintain a card file Roll of Honor, alphabetically arranged,
20 of all veterans buried in the State or, if no remains were
21 recovered or if such remains were buried at sea, of all the
22 memorial markers for such veterans placed in the State and an
23 additional record by counties showing the burials or memorial
24 markers in each cemetery in each county. The records, so far as
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1 obtainable, shall contain the name of the veteran, war served
2 in, his rank, organizations, dates of enlistment and
3 discharge, date of death, description of grave or memorial
4 marker, and name and location of cemetery. It shall also be his
5 duty to prepare requisitions on the Federal Government for
6 headstones or memorial markers when same are desired and to
7 supervise their transportation from the railroad station to
8 and erection at the grave of the veteran or at the site for the
9 erection of a memorial marker if no remains were recovered or
10 if such remains were buried at sea, certifying bills for same
11 for payment.
12 The Department of Veterans Veterans' Affairs shall appoint
13 such additional employees as may be required to maintain the
14 records of War Veterans Graves and Memorial Markers
15 Registration. The appointment of such employees shall not be
16 subject to the provisions of any law relating to civil service
17 or job classification on a merit basis.
18 "United States War Veterans", for purposes of this Act,
19 means:
20 (1) Soldiers of the Union and Confederate Armies of the
21 Civil War.
22 (2) Members of the Armed Forces of the United States dying
23 in the service and former members whose last service
24 terminated honorably.
25 (3) Persons buried in post and national cemeteries.
26 (4) Members of a reserve component of the Armed Forces of
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1 the United States, and members of the Army National Guard or
2 the Air National Guard, whose death occurred under honorable
3 conditions while they were:
4 (a) on active duty for training, or performing
5 full-time service under Section 316, 503, 504, or 505 of
6 Title 32, United States Code;
7 (b) performing authorized travel to or from that duty
8 or service;
9 (c) on authorized inactive duty training, including
10 training performed as members of the Army National Guard
11 or the Air National Guard; or
12 (d) hospitalized or undergoing treatment, at the
13 expense of the United States, for injury or disease
14 contracted or incurred under honorable conditions while
15 they were:
16 (i) on that duty or service;
17 (ii) performing that travel or inactive duty
18 training; or
19 (iii) undergoing that hospitalization or treatment
20 at the expenses of the United States.
21 (5) Members of the Reserve Officers Training Corps of the
22 Army, Navy, Space Force, or Air Force whose death occurred
23 under honorable conditions while they were:
24 (a) attending an authorized training camp or on an
25 authorized practice cruise;
26 (b) performing authorized travel to or from that camp
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1 or cruise; or
2 (c) hospitalized or undergoing treatment, at the
3 expense of the United States, for injury or disease
4 contracted or incurred under honorable conditions while
5 they were:
6 (i) attending that camp or on that cruise;
7 (ii) performing that travel; or
8 (iii) undergoing that hospitalization or treatment
9 at the expense of the United States.
10 (Source: P.A. 103-746, eff. 1-1-25.)
11 (330 ILCS 110/2) (from Ch. 21, par. 59b)
12 Sec. 2. Every person, firm or corporation owning or
13 controlling any cemetery or burial place in this State shall
14 by itself, his or its superintendent or agent, keep a
15 permanent record of the burial of each United States War
16 Veteran or the erection of a memorial marker for any veteran
17 whose remains were not recovered or where buried at sea, such
18 record to contain the name of the veteran, date of death, and
19 the location of grave or memorial marker in cemetery, and when
20 requested so to do, shall report such information to the
21 Department of Veterans Veterans' Affairs on forms furnished by
22 the Department. Any person, firm or corporation owning or
23 controlling a cemetery or burial place, who fails to make and
24 file such report within 30 days after receipt of such request
25 is guilty of a petty offense and upon conviction thereof shall
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1 be fined not less than $10 nor more than $100. It is the duty
2 of the State's attorney in the county where the cemetery or
3 burial place is located to enforce the provisions of this Act.
4 (Source: P.A. 81-167.)
5 (330 ILCS 110/3) (from Ch. 21, par. 59c)
6 Sec. 3. For the purpose of locating the burial places of
7 United States War Veterans, the different Veteran
8 organizations, their auxiliaries and affiliated organizations
9 in the State of Illinois are authorized, without expense to
10 the State, to collect the required data and prepare and file
11 with the Department of Veterans Veterans' Affairs the
12 information provided for in Section 1 hereof. For filing and
13 recording this report, the Department of Veterans Veterans'
14 Affairs may charge a fee of 25 cents for a single report and
15 not to exceed 50 cents per folio for reports containing more
16 than one name and more than one folio. A representative of the
17 Department of Veterans Veterans' Affairs may visit cemeteries
18 of the State or resort to any other reliable means to locate
19 the burial places of United States War Veterans.
20 (Source: P.A. 100-143, eff. 1-1-18.)
21 (330 ILCS 110/3.1) (from Ch. 21, par. 59c1)
22 Sec. 3.1. The Department of Veterans Veterans' Affairs
23 shall promulgate rules and procedures reasonably necessary for
24 the administration of this Act.
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1 (Source: P.A. 86-506.)
2 Section 385. The Veterans' Health Insurance Program Act of
3 2008 is amended by changing Sections 10 and 25 as follows:
4 (330 ILCS 126/10)
5 Sec. 10. Operation of the Program.
6 (a) The Veterans' Health Insurance Program is created.
7 This Program is not an entitlement. Enrollment is based on the
8 availability of funds, and enrollment may be capped based on
9 funds appropriated for the Program. As soon as practical after
10 the effective date of this Act, coverage for this Program
11 shall begin. The Program shall be administered by the
12 Department of Healthcare and Family Services in collaboration
13 with the Department of Veterans Veterans' Affairs. The
14 Department shall have the same powers and authority to
15 administer the Program as are provided to the Department in
16 connection with the Department's administration of the
17 Illinois Public Aid Code. The Department shall coordinate the
18 Program with other health programs operated by the Department
19 and other State and federal agencies.
20 (b) The Department shall operate the Program in a manner
21 so that the estimated cost of the Program during the fiscal
22 year will not exceed the total appropriation for the Program.
23 The Department may take any appropriate action to limit
24 spending or enrollment into the Program, including, but not
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1 limited to, ceasing to accept or process applications,
2 reviewing eligibility more frequently than annually, adjusting
3 cost-sharing, or reducing the income threshold for eligibility
4 as necessary to control expenditures for the Program.
5 (c) Notwithstanding subsections (a) and (b) and with the
6 mutual agreement of the Department of Veterans Veterans'
7 Affairs and the Department of Healthcare and Family Services,
8 the operation of the Program may be changed to simplify its
9 administration and to take advantage of health insurance
10 coverage that may be available to veterans under the Patient
11 Protection and Affordable Care Act.
12 (Source: P.A. 98-104, eff. 7-22-13.)
13 (330 ILCS 126/25)
14 Sec. 25. Illinois Department of Veterans Veterans'
15 Affairs. The Department shall coordinate with the Illinois
16 Department of Veterans Veterans' Affairs and the Veterans
17 Assistance Commissions to allow State Veterans Veterans'
18 Affairs service officers and the Veterans Assistance
19 Commissions to assist veterans to apply for the Program. All
20 applicants must be reviewed for Veterans Health Administration
21 eligibility or other existing health benefits prior to
22 consideration for the Program.
23 (Source: P.A. 95-755, eff. 7-25-08.)
24 Section 390. The National Guard Veterans Exposure to
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1 Hazardous Materials Act is amended by changing Section 10 as
2 follows:
3 (330 ILCS 130/10)
4 Sec. 10. Assistance in obtaining information on treatment.
5 On and after October 1, 2007, the Department of Veterans
6 Veterans' Affairs shall assist any eligible member or veteran
7 who (i) has been assigned a risk level I, II, or III for
8 depleted uranium exposure by his or her branch of service,
9 (ii) is referred by a military physician, or (iii) has reason
10 to believe that he or she was exposed to depleted uranium
11 during such service, in obtaining information on available
12 federal treatment services, including a best practice health
13 screening test for exposure to depleted uranium using a
14 bioassay procedure involving sensitive methods capable of
15 detecting depleted uranium at low levels and the use of
16 equipment with the capacity to discriminate between different
17 radioisotopes in naturally occurring levels of uranium and the
18 characteristic ratio and marker for depleted uranium. No State
19 funds shall be used to pay for such tests or other federal
20 treatment services.
21 (Source: P.A. 95-597, eff. 9-11-07.)
22 Section 395. The Veterans' and Military Discount Program
23 Act is amended by changing Sections 10 and 20 as follows:
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1 (330 ILCS 140/10)
2 Sec. 10. Veterans' and Military Discount Program. The
3 Department of Veterans Veterans' Affairs shall establish and
4 administer a Veterans' and Military Discount Program that
5 enables veterans, active duty military personnel, and those
6 spouses and dependents of veterans and military personnel who
7 have been issued a valid Military ID card or Military
8 Dependent ID card to use the following photo identification at
9 participating merchants to receive a discount on goods and
10 services or to receive another appropriate money-saving
11 promotion of a merchant's choice:
12 (1) veterans who have a valid driver's license or
13 Illinois Identification Card issued pursuant to subsection
14 (e) of Section 6-106 of the Illinois Vehicle Code or
15 subsection (c-5) of Section 4 of the Illinois
16 Identification Card Act;
17 (2) active duty military personnel who have a valid
18 Common Access Card issued by the U.S. Department of
19 Defense indicating the cardholder's active duty status;
20 and
21 (3) those spouses and dependents of veterans and
22 military personnel who have been issued a valid Military
23 ID card or Military Dependent ID card.
24 (Source: P.A. 101-335, eff. 8-9-19.)
25 (330 ILCS 140/20)
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1 Sec. 20. Rules. The Department of Veterans Veterans'
2 Affairs shall adopt any rules necessary to implement this Act.
3 (Source: P.A. 99-374, eff. 8-17-15.)
4 Section 400. The Smoke Free Illinois Act is amended by
5 changing Section 35 as follows:
6 (410 ILCS 82/35)
7 Sec. 35. Exemptions. Notwithstanding any other provision
8 of this Act, smoking is allowed in the following areas:
9 (1) Private residences or dwelling places, except when
10 used as a child care, adult day care, or healthcare
11 facility or any other home-based business open to the
12 public.
13 (2) Retail tobacco stores as defined in Section 10 of
14 this Act in operation prior to January 1, 2008 (the
15 effective date of Public Act 95-17). The retail tobacco
16 store shall annually file with the Department by January
17 31st an affidavit stating the percentage of its gross
18 income during the prior calendar year that was derived
19 from the sale of loose tobacco, plants, or herbs and
20 cigars, cigarettes, pipes, or other smoking devices for
21 smoking tobacco and related smoking accessories. Any
22 retail tobacco store that begins operation after January
23 1, 2008 (the effective date of Public Act 95-17) may only
24 qualify for an exemption if located in a freestanding
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1 structure occupied solely by the business and smoke from
2 the business does not migrate into an enclosed area where
3 smoking is prohibited. A retail tobacco store that derives
4 at least 80% of its gross revenue from the sale of
5 electronic cigarettes and electronic cigarette equipment
6 and accessories in operation before January 1, 2024 (the
7 effective date of Public Act 103-272) qualifies for this
8 exemption for electronic cigarettes only. A retail tobacco
9 store claiming an exemption for electronic cigarettes
10 shall annually file with the Department by January 31 an
11 affidavit stating the percentage of its gross income
12 during the prior calendar year that was derived from the
13 sale of electronic cigarettes. A retail tobacco store may,
14 with authorization or permission from a unit of local
15 government, including a home rule unit, or any non-home
16 rule county within the unincorporated territory of the
17 county, allow the on-premises consumption of cannabis in
18 specially designated areas.
19 (3) (Blank).
20 (4) Hotel and motel sleeping rooms that are rented to
21 guests and are designated as smoking rooms, provided that
22 all smoking rooms on the same floor must be contiguous and
23 smoke from these rooms must not infiltrate into nonsmoking
24 rooms or other areas where smoking is prohibited. Not more
25 than 25% of the rooms rented to guests in a hotel or motel
26 may be designated as rooms where smoking is allowed. The
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1 status of rooms as smoking or nonsmoking may not be
2 changed, except to permanently add additional nonsmoking
3 rooms.
4 (5) Enclosed laboratories that are excluded from the
5 definition of "place of employment" in Section 10 of this
6 Act. Rulemaking authority to implement Public Act 95-1029,
7 if any, is conditioned on the rules being adopted in
8 accordance with all provisions of the Illinois
9 Administrative Procedure Act and all rules and procedures
10 of the Joint Committee on Administrative Rules; any
11 purported rule not so adopted, for whatever reason, is
12 unauthorized.
13 (6) Common smoking rooms in long-term care facilities
14 operated under the authority of the Illinois Department of
15 Veterans Veterans' Affairs or licensed under the Nursing
16 Home Care Act that are accessible only to residents who
17 are smokers and have requested in writing to have access
18 to the common smoking room where smoking is permitted and
19 the smoke shall not infiltrate other areas of the
20 long-term care facility. Rulemaking authority to implement
21 Public Act 95-1029, if any, is conditioned on the rules
22 being adopted in accordance with all provisions of the
23 Illinois Administrative Procedure Act and all rules and
24 procedures of the Joint Committee on Administrative Rules;
25 any purported rule not so adopted, for whatever reason, is
26 unauthorized.
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1 (7) A convention hall of the Donald E. Stephens
2 Convention Center where a meeting or trade show for
3 manufacturers and suppliers of tobacco and tobacco
4 products and accessories is being held, during the time
5 the meeting or trade show is occurring, if the meeting or
6 trade show:
7 (i) is a trade-only event and not open to the
8 public;
9 (ii) is limited to attendees and exhibitors that
10 are 21 years of age or older;
11 (iii) is being produced or organized by a business
12 relating to tobacco or a professional association for
13 convenience stores; and
14 (iv) involves the display of tobacco products.
15 Smoking is not allowed in any public area outside of
16 the hall designated for the meeting or trade show.
17 This paragraph (7) is inoperative on and after October
18 1, 2015.
19 (8) A dispensing organization, as defined in the
20 Cannabis Regulation and Tax Act, authorized or permitted
21 by a unit local government to allow on-site consumption of
22 cannabis, if the establishment: (1) maintains a specially
23 designated area or areas for the purpose of heating,
24 burning, smoking, or lighting cannabis; (2) is limited to
25 individuals 21 or older; and (3) maintains a locked door
26 or barrier to any specially designated areas for the
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1 purpose of heating, burning, smoking or lighting cannabis.
2 (Source: P.A. 103-272, eff. 1-1-24; 103-605, eff. 7-1-24.)
3 Section 410. The Vital Records Act is amended by changing
4 Section 18 as follows:
5 (410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
6 Sec. 18. (1) Each death which occurs in this State shall be
7 registered by filing a death certificate with the local
8 registrar of the district in which the death occurred or the
9 body was found, within 7 days after such death (within 5 days
10 if the death occurs prior to January 1, 1989) and prior to
11 cremation or removal of the body from the State, except when
12 death is subject to investigation by the coroner or medical
13 examiner. If a death occurs in this State in a county outside
14 the deceased's county of residence, the local registrar of the
15 district in which the death certificate was filed shall,
16 within 7 days of its filing, send a copy of the death
17 certificate to the local registrar in the district where the
18 deceased's county of residence is located.
19 (a) For the purposes of this Section, if the place of
20 death is unknown, a death certificate shall be filed in
21 the registration district in which a dead body is found,
22 which shall be considered the place of death.
23 (b) When a death occurs on a moving conveyance, the
24 place where the body is first removed from the conveyance
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1 shall be considered the place of death and a death
2 certificate shall be filed in the registration district in
3 which such place is located.
4 (c) The funeral director who first assumes custody of
5 a dead body shall be responsible for filing a completed
6 death certificate. He or she shall obtain the personal
7 data from the next of kin or the best qualified person or
8 source available; he or she shall enter on the certificate
9 the name, relationship, and address of the informant; he
10 or she shall enter the date, place, and method of final
11 disposition; he or she shall affix his or her own
12 signature and enter his or her address; and shall present
13 the certificate to the person responsible for completing
14 the medical certification of cause of death. The person
15 responsible for completing the medical certification of
16 cause of death must note the presence of
17 methicillin-resistant staphylococcus aureus, clostridium
18 difficile, or vancomycin-resistant enterococci if it is a
19 contributing factor to or the cause of death. Additional
20 multi-drug resistant organisms (MDROs) may be added to
21 this list by the Department by rule.
22 (2) The medical certification shall be completed and
23 signed within 48 hours after death by the certifying health
24 care professional who, within 12 months prior to the date of
25 the patient's death, was treating or managing treatment of the
26 patient's illness or condition which resulted in death, except
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1 when death is subject to the coroner's or medical examiner's
2 investigation. In the absence of the certifying health care
3 professional or with his or her approval, the medical
4 certificate may be completed and signed by his or her
5 associate physician, advanced practice registered nurse, or
6 physician assistant, the chief medical officer of the
7 institution in which death occurred, or the physician who
8 performed an autopsy upon the decedent.
9 (3) When a death occurs without medical attendance, or
10 when it is otherwise subject to the coroner's or medical
11 examiner's investigation, the coroner or medical examiner
12 shall be responsible for the completion of a coroner's or
13 medical examiner's certificate of death and shall sign the
14 medical certification within 48 hours after death, except as
15 provided by regulation in special problem cases. If the
16 decedent was under the age of 18 years at the time of his or
17 her death, and the death was due to injuries suffered as a
18 result of a motor vehicle backing over a child, or if the death
19 occurred due to the power window of a motor vehicle, the
20 coroner or medical examiner must send a copy of the medical
21 certification, with information documenting that the death was
22 due to a vehicle backing over the child or that the death was
23 caused by a power window of a vehicle, to the Department of
24 Children and Family Services. The Department of Children and
25 Family Services shall (i) collect this information for use by
26 Child Death Review Teams and (ii) compile and maintain this
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1 information as part of its Annual Child Death Review Team
2 Report to the General Assembly.
3 (3.5) The medical certification of cause of death shall
4 expressly provide an opportunity for the person completing the
5 certification to indicate that the death was caused in whole
6 or in part by a dementia-related disease, Parkinson's Disease,
7 or Parkinson-Dementia Complex.
8 (4) When the deceased was a veteran of any war of the
9 United States, the funeral director shall prepare a
10 "Certificate of Burial of U. S. War Veteran", as prescribed
11 and furnished by the Illinois Department of Veterans Veterans'
12 Affairs, and submit such certificate to the Illinois
13 Department of Veterans Veterans' Affairs monthly.
14 (5) When a death is presumed to have occurred in this State
15 but the body cannot be located, a death certificate may be
16 prepared by the State Registrar upon receipt of an order of a
17 court of competent jurisdiction which includes the finding of
18 facts required to complete the death certificate. Such death
19 certificate shall be marked "Presumptive" and shall show on
20 its face the date of the registration and shall identify the
21 court and the date of the judgment.
22 (Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23;
23 103-154, eff. 6-30-23; 103-741, eff. 8-2-24.)
24 Section 420. The Fish and Aquatic Life Code is amended by
25 changing Sections 15-5 and 20-5 as follows:
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1 (515 ILCS 5/15-5) (from Ch. 56, par. 15-5)
2 Sec. 15-5. Commercial fisherman; license requirement.
3 (a) A "commercial fisherman" is defined as any individual
4 who uses any of the commercial fishing devices as defined by
5 this Code for the taking of any aquatic life, except mussels,
6 protected by the terms of this Code.
7 (b) All commercial fishermen shall have a commercial
8 fishing license. In addition to a commercial fishing license,
9 a commercial fisherman shall also obtain a sport fishing
10 license. All individuals assisting a licensed commercial
11 fisherman in taking aquatic life, except mussels, from any
12 waters of the State must have a commercial fishing license
13 unless these individuals are under the direct supervision of
14 and aboard the same watercraft as the licensed commercial
15 fisherman. An individual assisting a licensed commercial
16 fisherman must first obtain a sport fishing license.
17 (c) Notwithstanding any other provision of law to the
18 contrary, blind residents or residents with a disability may
19 fish with commercial fishing devices without holding a sports
20 fishing license. For the purpose of this Section, an
21 individual is blind or has a disability if that individual has
22 a Class 2 disability as defined in Section 4A of the Illinois
23 Identification Card Act. For the purposes of this Section, an
24 Illinois person with a Disability Identification Card issued
25 under the Illinois Identification Card Act indicating that the
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1 individual named on the card has a Class 2 disability shall be
2 adequate documentation of a disability.
3 (d) Notwithstanding any other provision of law to the
4 contrary, a veteran who, according to the determination of the
5 federal Veterans' Administration as certified by the
6 Department of Veterans Veterans' Affairs, is at least 10%
7 disabled with service-related disabilities or in receipt of
8 total disability pensions may fish with commercial fishing
9 devices without holding a sports fishing license during those
10 periods of the year that it is lawful to fish with commercial
11 fishing devices, if the respective disabilities do not prevent
12 the veteran from fishing in a manner that is safe to him or
13 herself and others.
14 (e) A "Lake Michigan commercial fisherman" is defined as
15 an individual who resides in this State or an Illinois
16 corporation who uses any of the commercial fishing devices as
17 defined by this Code for the taking of aquatic life, except
18 mussels, protected by the terms of this Code.
19 (f) For purposes of this Section, an act or omission that
20 constitutes a violation committed by an officer, employee, or
21 agent of a corporation shall be deemed the act or omission of
22 the corporation.
23 (Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15;
24 99-143, eff. 7-27-15.)
25 (515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
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1 Sec. 20-5. Necessity of license; exemptions.
2 (a) Any person taking or attempting to take any fish,
3 including minnows for commercial purposes, turtles, mussels,
4 crayfish, or frogs by any means whatever in any waters or lands
5 wholly or in part within the jurisdiction of the State,
6 including that part of Lake Michigan under the jurisdiction of
7 this State, shall first obtain a license to do so, and shall do
8 so only during the respective periods of the year when it shall
9 be lawful as provided in this Code. Individuals under 16,
10 blind residents or residents with a disability, or individuals
11 fishing at fee fishing areas licensed by the Department,
12 however, may fish with sport fishing devices without being
13 required to have a license. For the purpose of this Section an
14 individual is blind or has a disability if that individual has
15 a Class 2 disability as defined in Section 4A of the Illinois
16 Identification Card Act. For purposes of this Section an
17 Illinois Person with a Disability Identification Card issued
18 under the Illinois Identification Card Act indicating that the
19 individual named on the card has a Class 2 disability shall be
20 adequate documentation of a disability.
21 (b) A courtesy non-resident sport fishing license or stamp
22 may be issued at the discretion of the Director, without fee,
23 to (i) any individual officially employed in the wildlife and
24 fish or conservation department of another state or of the
25 United States who is within the State to assist or consult or
26 cooperate with the Director or (ii) the officials of other
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1 states, the United States, foreign countries, or officers or
2 representatives of conservation organizations or publications
3 while in the State as guests of the Governor or Director.
4 (c) The Director may issue special fishing permits without
5 cost to groups of hospital patients or to individuals with
6 disabilities for use on specified dates in connection with
7 supervised fishing for therapy.
8 (d) Veterans who, according to the determination of the
9 Veterans' Administration as certified by the Department of
10 Veterans Veterans' Affairs, are at least 10% disabled with
11 service-related disabilities or in receipt of total disability
12 pensions may fish with sport fishing devices during those
13 periods of the year it is lawful to do so without being
14 required to have a license, on the condition that their
15 respective disabilities do not prevent them from fishing in a
16 manner which is safe to themselves and others.
17 (e) Each year the Director may designate a period, not to
18 exceed 4 days in duration, when sport fishermen may fish
19 waters wholly or in part within the jurisdiction of the State,
20 including that part of Lake Michigan under the jurisdiction of
21 the State, and not be required to obtain the license or stamp
22 required by subsection (a) of this Section, Section 20-10 or
23 subsection (a) of Section 20-55. The term of any such period
24 shall be established by administrative rule. This subsection
25 shall not apply to commercial fishing.
26 (f) The Director may issue special fishing permits without
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1 cost for a group event, restricted to specific dates and
2 locations if it is determined by the Department that the event
3 is beneficial in promoting sport fishing in Illinois.
4 (Source: P.A. 99-143, eff. 7-27-15.)
5 Section 425. The Wildlife Code is amended by changing
6 Section 3.1-2 as follows:
7 (520 ILCS 5/3.1-2) (from Ch. 61, par. 3.1-2)
8 Sec. 3.1-2. Veterans who, according to the determination
9 of the Veterans' Administration as certified by the Department
10 of Veterans Veterans' Affairs, are at least 10% disabled with
11 service-related disabilities or in receipt of total disability
12 pensions and former prisoners of war may hunt and trap any of
13 the species protected by Section 2.2, during such times, with
14 such devices and by such methods as are permitted by this Act,
15 without procuring hunting and trapping licenses, State Habitat
16 Stamps, and State Waterfowl Stamps on the condition that their
17 respective disabilities do not prevent them from hunting and
18 trapping in a manner which is safe to themselves and others.
19 (Source: P.A. 102-524, eff. 8-20-21; 102-837, eff. 5-13-22.)
20 Section 435. The Illinois Vehicle Code is amended by
21 changing Sections 2-123, 3-609, 3-699.14, 6-106, and 11-1301.2
22 as follows:
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1 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
2 Sec. 2-123. Sale and distribution of information.
3 (a) Except as otherwise provided in this Section, the
4 Secretary may make the driver's license, vehicle and title
5 registration lists, in part or in whole, and any statistical
6 information derived from these lists available to local
7 governments, elected state officials, state educational
8 institutions, and all other governmental units of the State
9 and Federal Government requesting them for governmental
10 purposes. The Secretary shall require any such applicant for
11 services to pay for the costs of furnishing such services and
12 the use of the equipment involved, and in addition is
13 empowered to establish prices and charges for the services so
14 furnished and for the use of the electronic equipment
15 utilized.
16 (b) The Secretary is further empowered to and he may, in
17 his discretion, furnish to any applicant, other than listed in
18 subsection (a) of this Section, vehicle or driver data on a
19 computer tape, disk, other electronic format or computer
20 processable medium, or printout at a fixed fee of $500, in
21 advance, and require in addition a further sufficient deposit
22 based upon the Secretary of State's estimate of the total cost
23 of the information requested and a charge of $50, per 1,000
24 units or part thereof identified or the actual cost, whichever
25 is greater. The Secretary is authorized to refund any
26 difference between the additional deposit and the actual cost
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1 of the request. This service shall not be in lieu of an
2 abstract of a driver's record nor of a title or registration
3 search. This service may be limited to entities purchasing a
4 minimum number of records as required by administrative rule.
5 The information sold pursuant to this subsection shall be the
6 entire vehicle or driver data list, or part thereof. The
7 information sold pursuant to this subsection shall not contain
8 personally identifying information unless the information is
9 to be used for one of the purposes identified in subsection
10 (f-5) of this Section. Commercial purchasers of driver and
11 vehicle record databases shall enter into a written agreement
12 with the Secretary of State that includes disclosure of the
13 commercial use of the information to be purchased.
14 (b-1) The Secretary is further empowered to and may, in
15 his or her discretion, furnish vehicle or driver data on a
16 computer tape, disk, or other electronic format or computer
17 processible medium, at no fee, to any State or local
18 governmental agency that uses the information provided by the
19 Secretary to transmit data back to the Secretary that enables
20 the Secretary to maintain accurate driving records, including
21 dispositions of traffic cases. This information may be
22 provided without fee not more often than once every 6 months.
23 (c) Secretary of State may issue registration lists. The
24 Secretary of State may compile a list of all registered
25 vehicles. Each list of registered vehicles shall be arranged
26 serially according to the registration numbers assigned to
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1 registered vehicles and may contain in addition the names and
2 addresses of registered owners and a brief description of each
3 vehicle including the serial or other identifying number
4 thereof. Such compilation may be in such form as in the
5 discretion of the Secretary of State may seem best for the
6 purposes intended.
7 (d) The Secretary of State shall furnish no more than 2
8 current available lists of such registrations to the sheriffs
9 of all counties and to the chiefs of police of all cities and
10 villages and towns of 2,000 population and over in this State
11 at no cost. Additional copies may be purchased by the sheriffs
12 or chiefs of police at the fee of $500 each or at the cost of
13 producing the list as determined by the Secretary of State.
14 Such lists are to be used for governmental purposes only.
15 (e) (Blank).
16 (e-1) (Blank).
17 (f) The Secretary of State shall make a title or
18 registration search of the records of his office and a written
19 report on the same for any person, upon written application of
20 such person, accompanied by a fee of $5 for each registration
21 or title search. The written application shall set forth the
22 intended use of the requested information. No fee shall be
23 charged for a title or registration search, or for the
24 certification thereof requested by a government agency. The
25 report of the title or registration search shall not contain
26 personally identifying information unless the request for a
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1 search was made for one of the purposes identified in
2 subsection (f-5) of this Section. The report of the title or
3 registration search shall not contain highly restricted
4 personal information unless specifically authorized by this
5 Code.
6 The Secretary of State shall certify a title or
7 registration record upon written request. The fee for
8 certification shall be $5 in addition to the fee required for a
9 title or registration search. Certification shall be made
10 under the signature of the Secretary of State and shall be
11 authenticated by Seal of the Secretary of State.
12 The Secretary of State may notify the vehicle owner or
13 registrant of the request for purchase of his title or
14 registration information as the Secretary deems appropriate.
15 No information shall be released to the requester until
16 expiration of a 10-day period. This 10-day period shall not
17 apply to requests for information made by law enforcement
18 officials, government agencies, financial institutions,
19 attorneys, insurers, employers, automobile associated
20 businesses, persons licensed as a private detective or firms
21 licensed as a private detective agency under the Private
22 Detective, Private Alarm, Private Security, Fingerprint
23 Vendor, and Locksmith Act of 2004, who are employed by or are
24 acting on behalf of law enforcement officials, government
25 agencies, financial institutions, attorneys, insurers,
26 employers, automobile associated businesses, and other
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1 business entities for purposes consistent with the Illinois
2 Vehicle Code, the vehicle owner or registrant or other
3 entities as the Secretary may exempt by rule and regulation.
4 Any misrepresentation made by a requester of title or
5 vehicle information shall be punishable as a petty offense,
6 except in the case of persons licensed as a private detective
7 or firms licensed as a private detective agency which shall be
8 subject to disciplinary sanctions under Section 40-10 of the
9 Private Detective, Private Alarm, Private Security,
10 Fingerprint Vendor, and Locksmith Act of 2004.
11 (f-5) The Secretary of State shall not disclose or
12 otherwise make available to any person or entity any
13 personally identifying information obtained by the Secretary
14 of State in connection with a driver's license, vehicle, or
15 title registration record unless the information is disclosed
16 for one of the following purposes:
17 (1) For use by any government agency, including any
18 court or law enforcement agency, in carrying out its
19 functions, or any private person or entity acting on
20 behalf of a federal, State, or local agency in carrying
21 out its functions.
22 (2) For use in connection with matters of motor
23 vehicle or driver safety and theft; motor vehicle
24 emissions; motor vehicle product alterations, recalls, or
25 advisories; performance monitoring of motor vehicles,
26 motor vehicle parts, and dealers; and removal of non-owner
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1 records from the original owner records of motor vehicle
2 manufacturers.
3 (3) For use in the normal course of business by a
4 legitimate business or its agents, employees, or
5 contractors, but only:
6 (A) to verify the accuracy of personal information
7 submitted by an individual to the business or its
8 agents, employees, or contractors; and
9 (B) if such information as so submitted is not
10 correct or is no longer correct, to obtain the correct
11 information, but only for the purposes of preventing
12 fraud by, pursuing legal remedies against, or
13 recovering on a debt or security interest against, the
14 individual.
15 (4) For use in research activities and for use in
16 producing statistical reports, if the personally
17 identifying information is not published, redisclosed, or
18 used to contact individuals.
19 (5) For use in connection with any civil, criminal,
20 administrative, or arbitral proceeding in any federal,
21 State, or local court or agency or before any
22 self-regulatory body, including the service of process,
23 investigation in anticipation of litigation, and the
24 execution or enforcement of judgments and orders, or
25 pursuant to an order of a federal, State, or local court.
26 (6) For use by any insurer or insurance support
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1 organization or by a self-insured entity or its agents,
2 employees, or contractors in connection with claims
3 investigation activities, antifraud activities, rating, or
4 underwriting.
5 (7) For use in providing notice to the owners of towed
6 or impounded vehicles.
7 (8) For use by any person licensed as a private
8 detective or firm licensed as a private detective agency
9 under the Private Detective, Private Alarm, Private
10 Security, Fingerprint Vendor, and Locksmith Act of 2004,
11 private investigative agency or security service licensed
12 in Illinois for any purpose permitted under this
13 subsection.
14 (9) For use by an employer or its agent or insurer to
15 obtain or verify information relating to a holder of a
16 commercial driver's license that is required under chapter
17 313 of title 49 of the United States Code.
18 (10) For use in connection with the operation of
19 private toll transportation facilities.
20 (11) For use by any requester, if the requester
21 demonstrates it has obtained the written consent of the
22 individual to whom the information pertains.
23 (12) For use by members of the news media, as defined
24 in Section 1-148.5, for the purpose of newsgathering when
25 the request relates to the operation of a motor vehicle or
26 public safety.
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1 (13) For any other use specifically authorized by law,
2 if that use is related to the operation of a motor vehicle
3 or public safety.
4 (f-6) The Secretary of State shall not disclose or
5 otherwise make available to any person or entity any highly
6 restricted personal information obtained by the Secretary of
7 State in connection with a driver's license, vehicle, or title
8 registration record unless specifically authorized by this
9 Code.
10 (g) 1. The Secretary of State may, upon receipt of a
11 written request and a fee as set forth in Section 6-118,
12 furnish to the person or agency so requesting a driver's
13 record or data contained therein. Such document may include a
14 record of: current driver's license issuance information,
15 except that the information on judicial driving permits shall
16 be available only as otherwise provided by this Code;
17 convictions; orders entered revoking, suspending or cancelling
18 a driver's license or privilege; and notations of crash
19 involvement. All other information, unless otherwise permitted
20 by this Code, shall remain confidential. Information released
21 pursuant to a request for a driver's record shall not contain
22 personally identifying information, unless the request for the
23 driver's record was made for one of the purposes set forth in
24 subsection (f-5) of this Section. The Secretary of State may,
25 without fee, allow a parent or guardian of a person under the
26 age of 18 years, who holds an instruction permit or graduated
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1 driver's license, to view that person's driving record online,
2 through a computer connection. The parent or guardian's online
3 access to the driving record will terminate when the
4 instruction permit or graduated driver's license holder
5 reaches the age of 18.
6 2. The Secretary of State shall not disclose or otherwise
7 make available to any person or entity any highly restricted
8 personal information obtained by the Secretary of State in
9 connection with a driver's license, vehicle, or title
10 registration record unless specifically authorized by this
11 Code. The Secretary of State may certify an abstract of a
12 driver's record upon written request therefor. Such
13 certification shall be made under the signature of the
14 Secretary of State and shall be authenticated by the Seal of
15 his office.
16 3. All requests for driving record information shall be
17 made in a manner prescribed by the Secretary and shall set
18 forth the intended use of the requested information.
19 The Secretary of State may notify the affected driver of
20 the request for purchase of his driver's record as the
21 Secretary deems appropriate.
22 No information shall be released to the requester until
23 expiration of a 10-day period. This 10-day period shall not
24 apply to requests for information made by law enforcement
25 officials, government agencies, financial institutions,
26 attorneys, insurers, employers, automobile associated
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1 businesses, persons licensed as a private detective or firms
2 licensed as a private detective agency under the Private
3 Detective, Private Alarm, Private Security, Fingerprint
4 Vendor, and Locksmith Act of 2004, who are employed by or are
5 acting on behalf of law enforcement officials, government
6 agencies, financial institutions, attorneys, insurers,
7 employers, automobile associated businesses, and other
8 business entities for purposes consistent with the Illinois
9 Vehicle Code, the affected driver or other entities as the
10 Secretary may exempt by rule and regulation.
11 Any misrepresentation made by a requester of driver
12 information shall be punishable as a petty offense, except in
13 the case of persons licensed as a private detective or firms
14 licensed as a private detective agency which shall be subject
15 to disciplinary sanctions under Section 40-10 of the Private
16 Detective, Private Alarm, Private Security, Fingerprint
17 Vendor, and Locksmith Act of 2004.
18 4. The Secretary of State may furnish without fee, upon
19 the written request of a law enforcement agency, any
20 information from a driver's record on file with the Secretary
21 of State when such information is required in the enforcement
22 of this Code or any other law relating to the operation of
23 motor vehicles, including records of dispositions; documented
24 information involving the use of a motor vehicle; whether such
25 individual has, or previously had, a driver's license; and the
26 address and personal description as reflected on said driver's
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1 record.
2 5. Except as otherwise provided in this Section, the
3 Secretary of State may furnish, without fee, information from
4 an individual driver's record on file, if a written request
5 therefor is submitted by any public transit system or
6 authority, public defender, law enforcement agency, a state or
7 federal agency, or an Illinois local intergovernmental
8 association, if the request is for the purpose of a background
9 check of applicants for employment with the requesting agency,
10 or for the purpose of an official investigation conducted by
11 the agency, or to determine a current address for the driver so
12 public funds can be recovered or paid to the driver, or for any
13 other purpose set forth in subsection (f-5) of this Section.
14 The Secretary may also furnish the courts a copy of an
15 abstract of a driver's record, without fee, subsequent to an
16 arrest for a violation of Section 11-501 or a similar
17 provision of a local ordinance. Such abstract may include
18 records of dispositions; documented information involving the
19 use of a motor vehicle as contained in the current file;
20 whether such individual has, or previously had, a driver's
21 license; and the address and personal description as reflected
22 on said driver's record.
23 6. Any certified abstract issued by the Secretary of State
24 or transmitted electronically by the Secretary of State
25 pursuant to this Section, to a court or on request of a law
26 enforcement agency, for the record of a named person as to the
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1 status of the person's driver's license shall be prima facie
2 evidence of the facts therein stated and if the name appearing
3 in such abstract is the same as that of a person named in an
4 information or warrant, such abstract shall be prima facie
5 evidence that the person named in such information or warrant
6 is the same person as the person named in such abstract and
7 shall be admissible for any prosecution under this Code and be
8 admitted as proof of any prior conviction or proof of records,
9 notices, or orders recorded on individual driving records
10 maintained by the Secretary of State.
11 7. Subject to any restrictions contained in the Juvenile
12 Court Act of 1987, and upon receipt of a proper request and a
13 fee as set forth in Section 6-118, the Secretary of State shall
14 provide a driver's record or data contained therein to the
15 affected driver, or the affected driver's attorney, upon
16 verification. Such record shall contain all the information
17 referred to in paragraph 1 of this subsection (g) plus: any
18 recorded crash involvement as a driver; information recorded
19 pursuant to subsection (e) of Section 6-117 and paragraph (4)
20 of subsection (a) of Section 6-204 of this Code. All other
21 information, unless otherwise permitted by this Code, shall
22 remain confidential.
23 (h) The Secretary shall not disclose social security
24 numbers or any associated information obtained from the Social
25 Security Administration except pursuant to a written request
26 by, or with the prior written consent of, the individual
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1 except: (1) to officers and employees of the Secretary who
2 have a need to know the social security numbers in performance
3 of their official duties, (2) to law enforcement officials for
4 a civil or criminal law enforcement investigation, and if an
5 officer of the law enforcement agency has made a written
6 request to the Secretary specifying the law enforcement
7 investigation for which the social security numbers are being
8 sought, though the Secretary retains the right to require
9 additional verification regarding the validity of the request,
10 (3) to the United States Department of Transportation, or any
11 other State, pursuant to the administration and enforcement of
12 the Commercial Motor Vehicle Safety Act of 1986 or
13 participation in State-to-State verification service, (4)
14 pursuant to the order of a court of competent jurisdiction,
15 (5) to the Department of Healthcare and Family Services
16 (formerly Department of Public Aid) for utilization in the
17 child support enforcement duties assigned to that Department
18 under provisions of the Illinois Public Aid Code after the
19 individual has received advanced meaningful notification of
20 what redisclosure is sought by the Secretary in accordance
21 with the federal Privacy Act, (5.5) to the Department of
22 Healthcare and Family Services and the Department of Human
23 Services solely for the purpose of verifying Illinois
24 residency where such residency is an eligibility requirement
25 for benefits under the Illinois Public Aid Code or any other
26 health benefit program administered by the Department of
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1 Healthcare and Family Services or the Department of Human
2 Services, (6) to the Illinois Department of Revenue solely for
3 use by the Department in the collection of any tax or debt that
4 the Department of Revenue is authorized or required by law to
5 collect, provided that the Department shall not disclose the
6 social security number to any person or entity outside of the
7 Department, (7) to the Illinois Department of Veterans
8 Veterans' Affairs for the purpose of confirming veteran
9 status, or (8) the last 4 digits to the Illinois State Board of
10 Elections for purposes of voter registration and as may be
11 required pursuant to an agreement for a multi-state voter
12 registration list maintenance system. If social security
13 information is disclosed by the Secretary in accordance with
14 this Section, no liability shall rest with the Office of the
15 Secretary of State or any of its officers or employees, as the
16 information is released for official purposes only.
17 (i) (Blank).
18 (j) Medical statements or medical reports received in the
19 Secretary of State's Office shall be confidential. Except as
20 provided in this Section, no confidential information may be
21 open to public inspection or the contents disclosed to anyone,
22 except officers and employees of the Secretary who have a need
23 to know the information contained in the medical reports and
24 the Driver License Medical Advisory Board, unless so directed
25 by an order of a court of competent jurisdiction. If the
26 Secretary receives a medical report regarding a driver that
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1 does not address a medical condition contained in a previous
2 medical report, the Secretary may disclose the unaddressed
3 medical condition to the driver or his or her physician, or
4 both, solely for the purpose of submission of a medical report
5 that addresses the condition.
6 (k) Beginning July 1, 2023, disbursement of fees collected
7 under this Section shall be as follows: (1) of the $20 fee for
8 a driver's record, $11 shall be paid into the Secretary of
9 State Special Services Fund, and $6 shall be paid into the
10 General Revenue Fund; (2) 50% of the amounts collected under
11 subsection (b) shall be paid into the General Revenue Fund;
12 and (3) all remaining fees shall be disbursed under subsection
13 (g) of Section 2-119 of this Code.
14 (l) (Blank).
15 (m) Notations of crash involvement that may be disclosed
16 under this Section shall not include notations relating to
17 damage to a vehicle or other property being transported by a
18 tow truck. This information shall remain confidential,
19 provided that nothing in this subsection (m) shall limit
20 disclosure of any notification of crash involvement to any law
21 enforcement agency or official.
22 (n) Requests made by the news media for driver's license,
23 vehicle, or title registration information may be furnished
24 without charge or at a reduced charge, as determined by the
25 Secretary, when the specific purpose for requesting the
26 documents is deemed to be in the public interest. Waiver or
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1 reduction of the fee is in the public interest if the principal
2 purpose of the request is to access and disseminate
3 information regarding the health, safety, and welfare or the
4 legal rights of the general public and is not for the principal
5 purpose of gaining a personal or commercial benefit. The
6 information provided pursuant to this subsection shall not
7 contain personally identifying information unless the
8 information is to be used for one of the purposes identified in
9 subsection (f-5) of this Section.
10 (o) The redisclosure of personally identifying information
11 obtained pursuant to this Section is prohibited, except to the
12 extent necessary to effectuate the purpose for which the
13 original disclosure of the information was permitted.
14 (p) The Secretary of State is empowered to adopt rules to
15 effectuate this Section.
16 (Source: P.A. 102-982, eff. 7-1-23; 103-8, eff. 7-1-23.)
17 (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
18 Sec. 3-609. Plates for veterans with disabilities.
19 (a) Any veteran who holds proof of a service-connected
20 disability from the United States Department of Veterans
21 Affairs, and who has obtained certification from a licensed
22 physician, physician assistant, or advanced practice
23 registered nurse that the service-connected disability
24 qualifies the veteran for issuance of registration plates or
25 digital registration plates or decals to a person with
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1 disabilities in accordance with Section 3-616, may, without
2 the payment of any registration fee, make application to the
3 Secretary of State for license plates for veterans with
4 disabilities displaying the international symbol of access,
5 for the registration of one motor vehicle of the first
6 division, one motorcycle, or one motor vehicle of the second
7 division weighing not more than 8,000 pounds.
8 (b) Any veteran who holds proof of a service-connected
9 disability from the United States Department of Veterans
10 Affairs, and whose degree of disability has been declared to
11 be 50% or more, but whose disability does not qualify the
12 veteran for a plate or decal for persons with disabilities
13 under Section 3-616, may, without the payment of any
14 registration fee, make application to the Secretary for a
15 special registration plate or digital registration plate
16 without the international symbol of access for the
17 registration of one motor vehicle of the first division, one
18 motorcycle, or one motor vehicle of the second division
19 weighing not more than 8,000 pounds.
20 (c) Renewal of such registration must be accompanied with
21 documentation for eligibility of registration without fee
22 unless the applicant has a permanent qualifying disability,
23 and such registration plates or digital registration plates
24 may not be issued to any person not eligible therefor. The
25 Illinois Department of Veterans Veterans' Affairs may assist
26 in providing the documentation of disability.
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1 (d) The design and color of the plates shall be within the
2 discretion of the Secretary, except that the plates issued
3 under subsection (b) of this Section shall not contain the
4 international symbol of access. The Secretary may, in his or
5 her discretion, allow the plates to be issued as vanity or
6 personalized plates in accordance with Section 3-405.1 of this
7 Code. Registration shall be for a multi-year period and may be
8 issued staggered registration.
9 (e) Any person eligible to receive license plates under
10 this Section who has been approved for benefits under the
11 Senior Citizens and Persons with Disabilities Property Tax
12 Relief Act, or who has claimed and received a grant under that
13 Act, shall pay a fee of $24 instead of the fee otherwise
14 provided in this Code for passenger cars displaying standard
15 multi-year registration plates or digital registration plates
16 issued under Section 3-414.1, for motor vehicles registered at
17 8,000 pounds or less under Section 3-815(a), or for
18 recreational vehicles registered at 8,000 pounds or less under
19 Section 3-815(b), for a second set of plates under this
20 Section.
21 (f) With respect to the supporting documentation required
22 to obtain a plate under this Section, the Secretary shall
23 allow an applicant to redact information on the documentation
24 that pertains to the nature of the applicant's health issue,
25 unless that information is necessary to confirm that the
26 applicant's disability is service-connected or to establish
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1 the degree of the applicant's service-connected disability.
2 (Source: P.A. 101-395, eff. 8-16-19; 101-536, eff. 1-1-20;
3 102-273, eff. 8-6-21; 102-558, eff. 8-20-21.)
4 (625 ILCS 5/3-699.14)
5 Sec. 3-699.14. Universal special license plates.
6 (a) In addition to any other special license plate, the
7 Secretary, upon receipt of all applicable fees and
8 applications made in the form prescribed by the Secretary, may
9 issue Universal special license plates to residents of
10 Illinois on behalf of organizations that have been authorized
11 by the General Assembly to issue decals for Universal special
12 license plates. Appropriate documentation, as determined by
13 the Secretary, shall accompany each application. Authorized
14 organizations shall be designated by amendment to this
15 Section. When applying for a Universal special license plate
16 the applicant shall inform the Secretary of the name of the
17 authorized organization from which the applicant will obtain a
18 decal to place on the plate. The Secretary shall make a record
19 of that organization and that organization shall remain
20 affiliated with that plate until the plate is surrendered,
21 revoked, or otherwise cancelled. The authorized organization
22 may charge a fee to offset the cost of producing and
23 distributing the decal, but that fee shall be retained by the
24 authorized organization and shall be separate and distinct
25 from any registration fees charged by the Secretary. No decal,
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1 sticker, or other material may be affixed to a Universal
2 special license plate other than a decal authorized by the
3 General Assembly in this Section or a registration renewal
4 sticker. The special plates issued under this Section shall be
5 affixed only to passenger vehicles of the first division,
6 including motorcycles and autocycles, or motor vehicles of the
7 second division weighing not more than 8,000 pounds. Plates
8 issued under this Section shall expire according to the
9 multi-year procedure under Section 3-414.1 of this Code.
10 (b) The design, color, and format of the Universal special
11 license plate shall be wholly within the discretion of the
12 Secretary. Universal special license plates are not required
13 to designate "Land of Lincoln", as prescribed in subsection
14 (b) of Section 3-412 of this Code. The design shall allow for
15 the application of a decal to the plate. Organizations
16 authorized by the General Assembly to issue decals for
17 Universal special license plates shall comply with rules
18 adopted by the Secretary governing the requirements for and
19 approval of Universal special license plate decals. The
20 Secretary may, in his or her discretion, allow Universal
21 special license plates to be issued as vanity or personalized
22 plates in accordance with Section 3-405.1 of this Code. The
23 Secretary of State must make a version of the special
24 registration plates authorized under this Section in a form
25 appropriate for motorcycles and autocycles.
26 (c) When authorizing a Universal special license plate,
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1 the General Assembly shall set forth whether an additional fee
2 is to be charged for the plate and, if a fee is to be charged,
3 the amount of the fee and how the fee is to be distributed.
4 When necessary, the authorizing language shall create a
5 special fund in the State treasury into which fees may be
6 deposited for an authorized Universal special license plate.
7 Additional fees may only be charged if the fee is to be paid
8 over to a State agency or to a charitable entity that is in
9 compliance with the registration and reporting requirements of
10 the Charitable Trust Act and the Solicitation for Charity Act.
11 Any charitable entity receiving fees for the sale of Universal
12 special license plates shall annually provide the Secretary of
13 State a letter of compliance issued by the Attorney General
14 verifying that the entity is in compliance with the Charitable
15 Trust Act and the Solicitation for Charity Act.
16 (d) Upon original issuance and for each registration
17 renewal period, in addition to the appropriate registration
18 fee, if applicable, the Secretary shall collect any additional
19 fees, if required, for issuance of Universal special license
20 plates. The fees shall be collected on behalf of the
21 organization designated by the applicant when applying for the
22 plate. All fees collected shall be transferred to the State
23 agency on whose behalf the fees were collected, or paid into
24 the special fund designated in the law authorizing the
25 organization to issue decals for Universal special license
26 plates. All money in the designated fund shall be distributed
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1 by the Secretary subject to appropriation by the General
2 Assembly.
3 (e) The following organizations may issue decals for
4 Universal special license plates with the original and renewal
5 fees and fee distribution as follows:
6 (1) The Illinois Department of Natural Resources.
7 (A) Original issuance: $25; with $10 to the
8 Roadside Monarch Habitat Fund and $15 to the Secretary
9 of State Special License Plate Fund.
10 (B) Renewal: $25; with $23 to the Roadside Monarch
11 Habitat Fund and $2 to the Secretary of State Special
12 License Plate Fund.
13 (2) Illinois Veterans' Homes.
14 (A) Original issuance: $26, which shall be
15 deposited into the Illinois Veterans' Homes Fund.
16 (B) Renewal: $26, which shall be deposited into
17 the Illinois Veterans' Homes Fund.
18 (3) The Illinois Department of Human Services for
19 volunteerism decals.
20 (A) Original issuance: $25, which shall be
21 deposited into the Secretary of State Special License
22 Plate Fund.
23 (B) Renewal: $25, which shall be deposited into
24 the Secretary of State Special License Plate Fund.
25 (4) The Illinois Department of Public Health.
26 (A) Original issuance: $25; with $10 to the
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1 Prostate Cancer Awareness Fund and $15 to the
2 Secretary of State Special License Plate Fund.
3 (B) Renewal: $25; with $23 to the Prostate Cancer
4 Awareness Fund and $2 to the Secretary of State
5 Special License Plate Fund.
6 (5) Horsemen's Council of Illinois.
7 (A) Original issuance: $25; with $10 to the
8 Horsemen's Council of Illinois Fund and $15 to the
9 Secretary of State Special License Plate Fund.
10 (B) Renewal: $25; with $23 to the Horsemen's
11 Council of Illinois Fund and $2 to the Secretary of
12 State Special License Plate Fund.
13 (6) K9s for Veterans, NFP.
14 (A) Original issuance: $25; with $10 to the
15 Post-Traumatic Stress Disorder Awareness Fund and $15
16 to the Secretary of State Special License Plate Fund.
17 (B) Renewal: $25; with $23 to the Post-Traumatic
18 Stress Disorder Awareness Fund and $2 to the Secretary
19 of State Special License Plate Fund.
20 (7) The International Association of Machinists and
21 Aerospace Workers.
22 (A) Original issuance: $35; with $20 to the Guide
23 Dogs of America Fund and $15 to the Secretary of State
24 Special License Plate Fund.
25 (B) Renewal: $25; with $23 going to the Guide Dogs
26 of America Fund and $2 to the Secretary of State
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1 Special License Plate Fund.
2 (8) Local Lodge 701 of the International Association
3 of Machinists and Aerospace Workers.
4 (A) Original issuance: $35; with $10 to the Guide
5 Dogs of America Fund, $10 to the Mechanics Training
6 Fund, and $15 to the Secretary of State Special
7 License Plate Fund.
8 (B) Renewal: $30; with $13 to the Guide Dogs of
9 America Fund, $15 to the Mechanics Training Fund, and
10 $2 to the Secretary of State Special License Plate
11 Fund.
12 (9) Illinois Department of Human Services.
13 (A) Original issuance: $25; with $10 to the
14 Theresa Tracy Trot - Illinois CancerCare Foundation
15 Fund and $15 to the Secretary of State Special License
16 Plate Fund.
17 (B) Renewal: $25; with $23 to the Theresa Tracy
18 Trot - Illinois CancerCare Foundation Fund and $2 to
19 the Secretary of State Special License Plate Fund.
20 (10) The Illinois Department of Human Services for
21 developmental disabilities awareness decals.
22 (A) Original issuance: $25; with $10 to the
23 Developmental Disabilities Awareness Fund and $15 to
24 the Secretary of State Special License Plate Fund.
25 (B) Renewal: $25; with $23 to the Developmental
26 Disabilities Awareness Fund and $2 to the Secretary of
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1 State Special License Plate Fund.
2 (11) The Illinois Department of Human Services for
3 pediatric cancer awareness decals.
4 (A) Original issuance: $25; with $10 to the
5 Pediatric Cancer Awareness Fund and $15 to the
6 Secretary of State Special License Plate Fund.
7 (B) Renewal: $25; with $23 to the Pediatric Cancer
8 Awareness Fund and $2 to the Secretary of State
9 Special License Plate Fund.
10 (12) The Department of Veterans Veterans' Affairs for
11 Fold of Honor decals.
12 (A) Original issuance: $25; with $10 to the Folds
13 of Honor Foundation Fund and $15 to the Secretary of
14 State Special License Plate Fund.
15 (B) Renewal: $25; with $23 to the Folds of Honor
16 Foundation Fund and $2 to the Secretary of State
17 Special License Plate Fund.
18 (13) The Illinois chapters of the Experimental
19 Aircraft Association for aviation enthusiast decals.
20 (A) Original issuance: $25; with $10 to the
21 Experimental Aircraft Association Fund and $15 to the
22 Secretary of State Special License Plate Fund.
23 (B) Renewal: $25; with $23 to the Experimental
24 Aircraft Association Fund and $2 to the Secretary of
25 State Special License Plate Fund.
26 (14) The Illinois Department of Human Services for
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1 Child Abuse Council of the Quad Cities decals.
2 (A) Original issuance: $25; with $10 to the Child
3 Abuse Council of the Quad Cities Fund and $15 to the
4 Secretary of State Special License Plate Fund.
5 (B) Renewal: $25; with $23 to the Child Abuse
6 Council of the Quad Cities Fund and $2 to the Secretary
7 of State Special License Plate Fund.
8 (15) The Illinois Department of Public Health for
9 health care worker decals.
10 (A) Original issuance: $25; with $10 to the
11 Illinois Health Care Workers Benefit Fund, and $15 to
12 the Secretary of State Special License Plate Fund.
13 (B) Renewal: $25; with $23 to the Illinois Health
14 Care Workers Benefit Fund and $2 to the Secretary of
15 State Special License Plate Fund.
16 (16) The Department of Agriculture for Future Farmers
17 of America decals.
18 (A) Original issuance: $25; with $10 to the Future
19 Farmers of America Fund and $15 to the Secretary of
20 State Special License Plate Fund.
21 (B) Renewal: $25; with $23 to the Future Farmers
22 of America Fund and $2 to the Secretary of State
23 Special License Plate Fund.
24 (17) The Illinois Department of Public Health for
25 autism awareness decals that are designed with input from
26 autism advocacy organizations.
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1 (A) Original issuance: $25; with $10 to the Autism
2 Awareness Fund and $15 to the Secretary of State
3 Special License Plate Fund.
4 (B) Renewal: $25; with $23 to the Autism Awareness
5 Fund and $2 to the Secretary of State Special License
6 Plate Fund.
7 (18) The Department of Natural Resources for Lyme
8 disease research decals.
9 (A) Original issuance: $25; with $10 to the Tick
10 Research, Education, and Evaluation Fund and $15 to
11 the Secretary of State Special License Plate Fund.
12 (B) Renewal: $25; with $23 to the Tick Research,
13 Education, and Evaluation Fund and $2 to the Secretary
14 of State Special License Plate Fund.
15 (19) The IBEW Thank a Line Worker decal.
16 (A) Original issuance: $15, which shall be
17 deposited into the Secretary of State Special License
18 Plate Fund.
19 (B) Renewal: $2, which shall be deposited into the
20 Secretary of State Special License Plate Fund.
21 (20) An Illinois chapter of the Navy Club for Navy
22 Club decals.
23 (A) Original issuance: $5; which shall be
24 deposited into the Navy Club Fund.
25 (B) Renewal: $18; which shall be deposited into
26 the Navy Club Fund.
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1 (21) (20) An Illinois chapter of the International
2 Brotherhood of Electrical Workers for International
3 Brotherhood of Electrical Workers decal.
4 (A) Original issuance: $25; with $10 to the
5 International Brotherhood of Electrical Workers Fund
6 and $15 to the Secretary of State Special License
7 Plate Fund.
8 (B) Renewal: $25; with $23 to the International
9 Brotherhood of Electrical Workers Fund and $2 to the
10 Secretary of State Special License Plate Fund.
11 (22) (20) The 100 Club of Illinois decal.
12 (A) Original issuance: $45; with $30 to the 100
13 Club of Illinois Fund and $15 to the Secretary of State
14 Special License Plate Fund.
15 (B) Renewal: $27; with $25 to the 100 Club of
16 Illinois Fund and $2 to the Secretary of State Special
17 License Plate Fund.
18 (23) (20) The Illinois USTA/Midwest Youth Tennis
19 Foundation decal.
20 (A) Original issuance: $40; with $25 to the
21 Illinois USTA/Midwest Youth Tennis Foundation Fund and
22 $15 to the Secretary of State Special License Plate
23 Fund.
24 (B) Renewal: $40; with $38 to the Illinois
25 USTA/Midwest Youth Tennis Foundation Fund and $2 to
26 the Secretary of State Special License Plate Fund.
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1 (24) (20) The Sons of the American Legion decal.
2 (A) Original issuance: $25; with $10 to the Sons
3 of the American Legion Fund and $15 to the Secretary of
4 State Special License Plate Fund.
5 (B) Renewal: $25; with $23 to the Sons of the
6 American Legion Fund and $2 to the Secretary of State
7 Special License Plate Fund.
8 (f) The following funds are created as special funds in
9 the State treasury:
10 (1) The Roadside Monarch Habitat Fund. All money in
11 the Roadside Monarch Habitat Fund shall be paid as grants
12 to the Illinois Department of Natural Resources to fund
13 roadside monarch and other pollinator habitat development,
14 enhancement, and restoration projects in this State.
15 (2) The Prostate Cancer Awareness Fund. All money in
16 the Prostate Cancer Awareness Fund shall be paid as grants
17 to the Prostate Cancer Foundation of Chicago.
18 (3) The Horsemen's Council of Illinois Fund. All money
19 in the Horsemen's Council of Illinois Fund shall be paid
20 as grants to the Horsemen's Council of Illinois.
21 (4) The Post-Traumatic Stress Disorder Awareness Fund.
22 All money in the Post-Traumatic Stress Disorder Awareness
23 Fund shall be paid as grants to K9s for Veterans, NFP for
24 support, education, and awareness of veterans with
25 post-traumatic stress disorder.
26 (5) The Guide Dogs of America Fund. All money in the
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1 Guide Dogs of America Fund shall be paid as grants to the
2 International Guiding Eyes, Inc., doing business as Guide
3 Dogs of America.
4 (6) The Mechanics Training Fund. All money in the
5 Mechanics Training Fund shall be paid as grants to the
6 Mechanics Local 701 Training Fund.
7 (7) The Theresa Tracy Trot - Illinois CancerCare
8 Foundation Fund. All money in the Theresa Tracy Trot -
9 Illinois CancerCare Foundation Fund shall be paid to the
10 Illinois CancerCare Foundation for the purpose of
11 furthering pancreatic cancer research.
12 (8) The Developmental Disabilities Awareness Fund. All
13 money in the Developmental Disabilities Awareness Fund
14 shall be paid as grants to the Illinois Department of
15 Human Services to fund legal aid groups to assist with
16 guardianship fees for private citizens willing to become
17 guardians for individuals with developmental disabilities
18 but who are unable to pay the legal fees associated with
19 becoming a guardian.
20 (9) The Pediatric Cancer Awareness Fund. All money in
21 the Pediatric Cancer Awareness Fund shall be paid as
22 grants to the Cancer Center at Illinois for pediatric
23 cancer treatment and research.
24 (10) The Folds of Honor Foundation Fund. All money in
25 the Folds of Honor Foundation Fund shall be paid as grants
26 to the Folds of Honor Foundation to aid in providing
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1 educational scholarships to military families.
2 (11) The Experimental Aircraft Association Fund. All
3 money in the Experimental Aircraft Association Fund shall
4 be paid, subject to appropriation by the General Assembly
5 and distribution by the Secretary, as grants to promote
6 recreational aviation.
7 (12) The Child Abuse Council of the Quad Cities Fund.
8 All money in the Child Abuse Council of the Quad Cities
9 Fund shall be paid as grants to benefit the Child Abuse
10 Council of the Quad Cities.
11 (13) The Illinois Health Care Workers Benefit Fund.
12 All money in the Illinois Health Care Workers Benefit Fund
13 shall be paid as grants to the Trinity Health Foundation
14 for the benefit of health care workers, doctors, nurses,
15 and others who work in the health care industry in this
16 State.
17 (14) The Future Farmers of America Fund. All money in
18 the Future Farmers of America Fund shall be paid as grants
19 to the Illinois Association of Future Farmers of America.
20 (15) The Tick Research, Education, and Evaluation
21 Fund. All money in the Tick Research, Education, and
22 Evaluation Fund shall be paid as grants to the Illinois
23 Lyme Association.
24 (16) The Navy Club Fund. All money in the Navy Club
25 Fund shall be paid as grants to any local chapter of the
26 Navy Club that is located in this State.
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1 (17) (16) The International Brotherhood of Electrical
2 Workers Fund. All money in the International Brotherhood
3 of Electrical Workers Fund shall be paid as grants to any
4 local chapter of the International Brotherhood of
5 Electrical Workers that is located in this State.
6 (18) (16) The 100 Club of Illinois Fund. All money in
7 the 100 Club of Illinois Fund shall be paid as grants to
8 the 100 Club of Illinois for the purpose of giving
9 financial support to children and spouses of first
10 responders killed in the line of duty and mental health
11 resources for active duty first responders.
12 (19) (16) The Illinois USTA/Midwest Youth Tennis
13 Foundation Fund. All money in the Illinois USTA/Midwest
14 Youth Tennis Foundation Fund shall be paid as grants to
15 Illinois USTA/Midwest Youth Tennis Foundation to aid
16 USTA/Midwest districts in the State with exposing youth to
17 the game of tennis.
18 (20) (16) The Sons of the American Legion Fund. All
19 money in the Sons of the American Legion Fund shall be paid
20 as grants to the Illinois Detachment of the Sons of the
21 American Legion.
22 (Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21;
23 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff.
24 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,
25 eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;
26 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff.
HB2547 Enrolled - 345 - LRB104 09526 KTG 19589 b
1 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933,
2 eff. 1-1-25; revised 11-26-24.)
3 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
4 Sec. 6-106. Application for license or instruction permit.
5 (a) Every application for any permit or license authorized
6 to be issued under this Code shall be made upon a form
7 furnished by the Secretary of State. Every application shall
8 be accompanied by the proper fee and payment of such fee shall
9 entitle the applicant to not more than 3 attempts to pass the
10 examination within a period of one year after the date of
11 application.
12 (b) Every application shall state the legal name, zip
13 code, date of birth, sex, and residence address of the
14 applicant; briefly describe the applicant; state whether the
15 applicant has theretofore been licensed as a driver, and, if
16 so, when and by what state or country, and whether any such
17 license has ever been cancelled, suspended, revoked or
18 refused, and, if so, the date and reason for such
19 cancellation, suspension, revocation or refusal; shall include
20 an affirmation by the applicant that all information set forth
21 is true and correct; and shall bear the applicant's signature.
22 In addition to the residence address, the Secretary may allow
23 the applicant to provide a mailing address. In the case of an
24 applicant who is a judicial officer or peace officer, the
25 Secretary may allow the applicant to provide an office or work
HB2547 Enrolled - 346 - LRB104 09526 KTG 19589 b
1 address in lieu of a residence or mailing address. The
2 application form may also require the statement of such
3 additional relevant information as the Secretary of State
4 shall deem necessary to determine the applicant's competency
5 and eligibility. The Secretary of State may, in his
6 discretion, by rule or regulation, provide that an application
7 for a drivers license or permit may include a suitable
8 photograph of the applicant in the form prescribed by the
9 Secretary, and he may further provide that each drivers
10 license shall include a photograph of the driver. The
11 Secretary of State may utilize a photograph process or system
12 most suitable to deter alteration or improper reproduction of
13 a drivers license and to prevent substitution of another photo
14 thereon. For the purposes of this subsection (b), "peace
15 officer" means any person who by virtue of his or her office or
16 public employment is vested by law with a duty to maintain
17 public order or to make arrests for a violation of any penal
18 statute of this State, whether that duty extends to all
19 violations or is limited to specific violations.
20 (b-1) Every application shall state the social security
21 number of the applicant; except if the applicant is applying
22 for a standard driver's license and, on the date of
23 application, is ineligible for a social security number, then:
24 (1) if the applicant has documentation, issued by the
25 United States Department of Homeland Security, authorizing
26 the applicant's presence in this country, the applicant
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1 shall provide such documentation instead of a social
2 security number; and
3 (2) if the applicant does not have documentation
4 described in paragraph (1), the applicant shall provide,
5 instead of a social security number, the following:
6 (A) documentation establishing that the applicant
7 has resided in this State for a period in excess of one
8 year;
9 (B) a passport validly issued to the applicant
10 from the applicant's country of citizenship or a
11 consular identification document validly issued to the
12 applicant by a consulate of that country as defined in
13 Section 5 of the Consular Identification Document Act,
14 as long as such documents are either unexpired or
15 presented by an applicant within 2 years of its
16 expiration date; and
17 (C) a social security card, if the applicant has a
18 social security number.
19 (b-3) Upon the first issuance of a request for proposals
20 for a digital driver's license and identification card
21 issuance and facial recognition system issued after January 1,
22 2020 (the effective date of Public Act 101-513), and upon
23 implementation of a new or revised system procured pursuant to
24 that request for proposals, the Secretary shall permit
25 applicants to choose between "male", "female" or "non-binary"
26 when designating the applicant's sex on the driver's license
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1 application form. The sex designated by the applicant shall be
2 displayed on the driver's license issued to the applicant.
3 (b-5) Every applicant for a REAL ID compliant driver's
4 license or permit shall provide proof of lawful status in the
5 United States as defined in 6 CFR 37.3, as amended.
6 (c) The application form shall include a notice to the
7 applicant of the registration obligations of sex offenders
8 under the Sex Offender Registration Act. The notice shall be
9 provided in a form and manner prescribed by the Secretary of
10 State. For purposes of this subsection (c), "sex offender" has
11 the meaning ascribed to it in Section 2 of the Sex Offender
12 Registration Act.
13 (d) Any male United States citizen or immigrant who
14 applies for any permit or license authorized to be issued
15 under this Code or for a renewal of any permit or license, and
16 who is at least 18 years of age but less than 26 years of age,
17 must be registered in compliance with the requirements of the
18 federal Military Selective Service Act. The Secretary of State
19 must forward in an electronic format the necessary personal
20 information regarding the applicants identified in this
21 subsection (d) to the Selective Service System. The
22 applicant's signature on the application serves as an
23 indication that the applicant either has already registered
24 with the Selective Service System or that he is authorizing
25 the Secretary to forward to the Selective Service System the
26 necessary information for registration. The Secretary must
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1 notify the applicant at the time of application that his
2 signature constitutes consent to registration with the
3 Selective Service System, if he is not already registered.
4 (e) Beginning on or before July 1, 2015, for each original
5 or renewal driver's license application under this Code, the
6 Secretary shall inquire as to whether the applicant is a
7 veteran for purposes of issuing a driver's license with a
8 veteran designation under subsection (e-5) of Section 6-110 of
9 this Code. The acceptable forms of proof shall include, but
10 are not limited to, Department of Defense form DD-214,
11 Department of Defense form DD-256 for applicants who did not
12 receive a form DD-214 upon the completion of initial basic
13 training, Department of Defense form DD-2 (Retired), an
14 identification card issued under the federal Veterans
15 Identification Card Act of 2015, or a United States Department
16 of Veterans Affairs summary of benefits letter. If the
17 document cannot be stamped, the Illinois Department of
18 Veterans Veterans' Affairs shall provide a certificate to the
19 veteran to provide to the Secretary of State. The Illinois
20 Department of Veterans Veterans' Affairs shall advise the
21 Secretary as to what other forms of proof of a person's status
22 as a veteran are acceptable.
23 For each applicant who is issued a driver's license with a
24 veteran designation, the Secretary shall provide the
25 Department of Veterans Veterans' Affairs with the applicant's
26 name, address, date of birth, gender and such other
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1 demographic information as agreed to by the Secretary and the
2 Department. The Department may take steps necessary to confirm
3 the applicant is a veteran. If after due diligence, including
4 writing to the applicant at the address provided by the
5 Secretary, the Department is unable to verify the applicant's
6 veteran status, the Department shall inform the Secretary, who
7 shall notify the applicant that he or she must confirm status
8 as a veteran, or the driver's license will be cancelled.
9 For purposes of this subsection (e):
10 "Armed forces" means any of the Armed Forces of the United
11 States, including a member of any reserve component or
12 National Guard unit.
13 "Veteran" means a person who has served in the armed
14 forces and was discharged or separated under honorable
15 conditions.
16 (f) An applicant who is eligible for Gold Star license
17 plates under Section 3-664 of this Code may apply for an
18 original or renewal driver's license with space for a
19 designation as a Gold Star Family. The Secretary may waive any
20 fee for this application. If the Secretary does not waive the
21 fee, any fee charged to the applicant must be deposited into
22 the Illinois Veterans Assistance Fund. The Secretary is
23 authorized to issue rules to implement this subsection.
24 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
25 103-933, eff. 1-1-25.)
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1 (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
2 Sec. 11-1301.2. Special decals for parking; persons with
3 disabilities.
4 (a) The Secretary of State shall provide for, by
5 administrative rules, the design, size, color, and placement
6 of a person with disabilities motorist decal or device and
7 shall provide for, by administrative rules, the content and
8 form of an application for a person with disabilities motorist
9 decal or device, which shall be used by local authorities in
10 the issuance thereof to a person with temporary disabilities,
11 provided that the decal or device is valid for no more than 90
12 days, subject to renewal for like periods based upon continued
13 disability, and further provided that the decal or device
14 clearly sets forth the date that the decal or device expires.
15 The application shall include the requirement of an Illinois
16 Identification Card number or a State of Illinois driver's
17 license number or, if the applicant does not have an
18 identification card or driver's license number, then the
19 applicant may use a valid identification number issued by a
20 branch of the U.S. military or a federally issued Medicare or
21 Medicaid identification number. This decal or device may be
22 used by the authorized holder to designate and identify a
23 vehicle not owned or displaying a registration plate or
24 digital registration plate as provided in Sections 3-609 and
25 3-616 of this Act to designate when the vehicle is being used
26 to transport said person or persons with disabilities, and
HB2547 Enrolled - 352 - LRB104 09526 KTG 19589 b
1 thus is entitled to enjoy all the privileges that would be
2 afforded a person with disabilities licensed vehicle. Person
3 with disabilities decals or devices issued and displayed
4 pursuant to this Section shall be recognized and honored by
5 all local authorities regardless of which local authority
6 issued such decal or device.
7 The decal or device shall be issued only upon a showing by
8 adequate documentation that the person for whose benefit the
9 decal or device is to be used has a disability as defined in
10 Section 1-159.1 of this Code and the disability is temporary.
11 (a-5) The Secretary may provide a disabilities motorist
12 decal or device to an expectant mother during her third
13 trimester. An application under this subsection is subject to
14 application requirements under subsection (a). The decal or
15 device shall be valid for no more than 90 days, and shall
16 clearly set forth the date that the decal or device expires.
17 The decal or device shall be issued only upon a showing by
18 adequate documentation that the expectant mother has entered
19 her third trimester.
20 (b) The local governing authorities shall be responsible
21 for the provision of such decal or device, its issuance and
22 designated placement within the vehicle. The cost of such
23 decal or device shall be at the discretion of such local
24 governing authority.
25 (c) The Secretary of State may, pursuant to Section
26 3-616(c), issue a person with disabilities parking decal or
HB2547 Enrolled - 353 - LRB104 09526 KTG 19589 b
1 device to a person with disabilities as defined by Section
2 1-159.1. Any person with disabilities parking decal or device
3 issued by the Secretary of State shall be registered to that
4 person with disabilities in the form to be prescribed by the
5 Secretary of State. The person with disabilities parking decal
6 or device shall not display that person's address. One
7 additional decal or device may be issued to an applicant upon
8 his or her written request and with the approval of the
9 Secretary of State. The written request must include a
10 justification of the need for the additional decal or device.
11 (c-5) Beginning January 1, 2014, the Secretary shall
12 provide by administrative rule for the issuance of a separate
13 and distinct parking decal or device for persons with
14 disabilities as defined by Section 1-159.1 of this Code and
15 who meet the qualifications under this subsection. The
16 authorized holder of a decal or device issued under this
17 subsection (c-5) shall be exempt from the payment of fees
18 generated by parking in a metered space, a parking area
19 subject to paragraph (10) of subsection (a) of Section 11-209
20 of this Code, or a publicly owned parking area.
21 The Secretary shall issue a meter-exempt decal or device
22 to a person with disabilities who: (i) has been issued
23 registration plates or digital registration plates under
24 subsection (a) of Section 3-609 or Section 3-616 of this Code
25 or a special decal or device under this Section, (ii) holds a
26 valid Illinois driver's license, and (iii) is unable to do one
HB2547 Enrolled - 354 - LRB104 09526 KTG 19589 b
1 or more of the following:
2 (1) manage, manipulate, or insert coins, or obtain
3 tickets or tokens in parking meters or ticket machines in
4 parking lots, due to the lack of fine motor control of both
5 hands;
6 (2) reach above his or her head to a height of 42
7 inches from the ground, due to a lack of finger, hand, or
8 upper extremity strength or mobility;
9 (3) approach a parking meter due to his or her use of a
10 wheelchair or other device for mobility; or
11 (4) walk more than 20 feet due to an orthopedic,
12 neurological, cardiovascular, or lung condition in which
13 the degree of debilitation is so severe that it almost
14 completely impedes the ability to walk.
15 The application for a meter-exempt parking decal or device
16 shall contain a statement certified by a licensed physician,
17 physician assistant, or advanced practice registered nurse
18 attesting to the permanent nature of the applicant's condition
19 and verifying that the applicant meets the physical
20 qualifications specified in this subsection (c-5).
21 Notwithstanding the requirements of this subsection (c-5),
22 the Secretary shall issue a meter-exempt decal or device to a
23 person who has been issued registration plates or digital
24 registration plates under Section 3-616 of this Code or a
25 special decal or device under this Section, if the applicant
26 is the parent or guardian of a person with disabilities who is
HB2547 Enrolled - 355 - LRB104 09526 KTG 19589 b
1 under 18 years of age and incapable of driving.
2 (d) Replacement decals or devices may be issued for lost,
3 stolen, or destroyed decals upon application and payment of a
4 $10 fee. The replacement fee may be waived for individuals
5 that have claimed and received a grant under the Senior
6 Citizens and Persons with Disabilities Property Tax Relief
7 Act.
8 (e) A person classified as a veteran under subsection (e)
9 of Section 6-106 of this Code that has been issued a decal or
10 device under this Section shall not be required to submit
11 evidence of disability in order to renew that decal or device
12 if, at the time of initial application, he or she submitted
13 evidence from his or her physician or the Department of
14 Veterans Veterans' Affairs that the disability is of a
15 permanent nature. However, the Secretary shall take reasonable
16 steps to ensure the veteran still resides in this State at the
17 time of the renewal. These steps may include requiring the
18 veteran to provide additional documentation or to appear at a
19 Secretary of State facility. To identify veterans who are
20 eligible for this exemption, the Secretary shall compare the
21 list of the persons who have been issued a decal or device to
22 the list of persons who have been issued a vehicle
23 registration plate or digital registration plate for veterans
24 with disabilities under Section 3-609 of this Code, or who are
25 identified as a veteran on their driver's license under
26 Section 6-110 of this Code or on their identification card
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1 under Section 4 of the Illinois Identification Card Act.
2 (Source: P.A. 101-395, eff. 8-16-19; 102-453, eff. 1-1-22.)
3 Section 440. The Access to Justice Act is amended by
4 changing Section 7 as follows:
5 (705 ILCS 95/7)
6 Sec. 7. Definitions. As used in this Act:
7 (a) "Foundation" means the Illinois Equal Justice
8 Foundation, a not-for-profit corporation created by the
9 Illinois State Bar Association and the Chicago Bar Association
10 and recognized under the Illinois Equal Justice Act.
11 (b) "Illinois Access to Civil Justice Council" or
12 "Council" means a special advisory body created by the
13 Foundation. The Council consists of 7 members, appointed as
14 follows: one by the Lawyers Trust Fund of Illinois, one by the
15 Chicago Bar Foundation, one by the Illinois Bar Foundation,
16 one by the Illinois Department of Veterans Veterans' Affairs,
17 one by the Illinois Attorney General, and 2 by the Foundation
18 or any successor entities or agencies as designated by the
19 Council.
20 (Source: P.A. 99-281, eff. 8-5-15.)
21 Section 445. The Court of Claims Act is amended by
22 changing Section 9.5 as follows:
HB2547 Enrolled - 357 - LRB104 09526 KTG 19589 b
1 (705 ILCS 505/9.5)
2 Sec. 9.5. Gold Star and Fallen Heroes Families Assistance
3 Program.
4 (a) Within the Court of Claims, there is established a
5 Gold Star and Fallen Heroes Families Assistance Program, which
6 is charged with the responsibility of assessing the needs of
7 and providing information to Illinois Gold Star and Fallen
8 Heroes Families with regard to claims filed pursuant to the
9 Line of Duty Compensation Act.
10 (b) As used in this Section, "Gold Star and Fallen Heroes
11 Family" means the family members of an individual who was
12 killed in the line of duty and who was employed or serving in a
13 capacity defined in Section 2 of the Illinois Line of Duty
14 Compensation Act.
15 (c) Toll-free helpline. The Gold Star and Fallen Heroes
16 Families Assistance Program shall include a toll-free helpline
17 dedicated to families seeking information about the Line of
18 Duty Compensation Act, including, but not limited to, the
19 status of claims filed pursuant to that Act. The helpline
20 phone number and information about the Gold Star and Fallen
21 Heroes Families Assistance Program shall be provided to each
22 person filing a claim under the Line of Duty Compensation Act.
23 (d) On or before January 1 of each year, the Court of
24 Claims shall report to the Governor, both houses of the
25 General Assembly, and the Illinois Department of Veterans
26 Veterans' Affairs the following information:
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1 (1) the number of claims filed with the Court of
2 Claims pursuant to the Line of Duty Compensation Act;
3 (2) the number of Line of Duty Compensation Act claims
4 approved for payment by the Court of Claims during the
5 preceding calendar year;
6 (3) the number and status of Line of Duty Compensation
7 Act claims pending in the Court of Claims; and
8 (4) other information as may be requested by the
9 Governor.
10 (Source: P.A. 96-539, eff. 1-1-10; 96-541, eff. 1-1-10;
11 96-1000, eff. 7-2-10.)
12 Section 455. The Unified Code of Corrections is amended by
13 changing Sections 3-12-6 and 5-4-1 as follows:
14 (730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
15 Sec. 3-12-6. Programs. Through its Illinois Correctional
16 Industries division, the Department may establish commercial,
17 business, and manufacturing programs for the production of
18 finished goods and processed food and beverages to the State,
19 its political units, agencies, and other public institutions.
20 Illinois Correctional Industries may establish, operate, and
21 maintain manufacturing and food and beverage production in the
22 Department facilities and provide food for the Department
23 institutions and for the mental health and developmental
24 disabilities institutions of the Department of Human Services
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1 and the institutions of the Department of Veterans Veterans'
2 Affairs.
3 Illinois Correctional Industries shall be administered by
4 a chief executive officer. The chief executive officer shall
5 report to the Director of the Department or the Director's
6 designee. The chief executive officer shall administer the
7 commercial and business programs of ICI for inmate workers in
8 the custody of the Department of Corrections.
9 The chief executive officer shall have such assistants as
10 are required for programming, manufacturing, budget, and
11 personnel as necessary to run its programs.
12 Illinois Correctional Industries shall be located in
13 Springfield. The chief executive officer of Illinois
14 Correctional Industries shall assign personnel to teach the
15 production of goods and shall employ committed persons
16 assigned by the facility chief administrative officer. The
17 Department of Corrections may direct such other vocational
18 programs as it deems necessary for the rehabilitation of
19 inmates, which shall be separate and apart from, and not in
20 conflict with, programs of Illinois Correctional Industries.
21 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
22 103-8, eff. 6-7-23.)
23 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
24 Sec. 5-4-1. Sentencing hearing.
25 (a) After a determination of guilt, a hearing shall be
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1 held to impose the sentence. However, prior to the imposition
2 of sentence on an individual being sentenced for an offense
3 based upon a charge for a violation of Section 11-501 of the
4 Illinois Vehicle Code or a similar provision of a local
5 ordinance, the individual must undergo a professional
6 evaluation to determine if an alcohol or other drug abuse
7 problem exists and the extent of such a problem. Programs
8 conducting these evaluations shall be licensed by the
9 Department of Human Services. However, if the individual is
10 not a resident of Illinois, the court may, in its discretion,
11 accept an evaluation from a program in the state of such
12 individual's residence. The court shall make a specific
13 finding about whether the defendant is eligible for
14 participation in a Department impact incarceration program as
15 provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
16 explanation as to why a sentence to impact incarceration is
17 not an appropriate sentence. The court may in its sentencing
18 order recommend a defendant for placement in a Department of
19 Corrections substance abuse treatment program as provided in
20 paragraph (a) of subsection (1) of Section 3-2-2 conditioned
21 upon the defendant being accepted in a program by the
22 Department of Corrections. At the hearing the court shall:
23 (1) consider the evidence, if any, received upon the
24 trial;
25 (2) consider any presentence reports;
26 (3) consider the financial impact of incarceration
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1 based on the financial impact statement filed with the
2 clerk of the court by the Department of Corrections;
3 (4) consider evidence and information offered by the
4 parties in aggravation and mitigation;
5 (4.5) consider substance abuse treatment, eligibility
6 screening, and an assessment, if any, of the defendant by
7 an agent designated by the State of Illinois to provide
8 assessment services for the Illinois courts;
9 (5) hear arguments as to sentencing alternatives;
10 (6) afford the defendant the opportunity to make a
11 statement in his own behalf;
12 (7) afford the victim of a violent crime or a
13 violation of Section 11-501 of the Illinois Vehicle Code,
14 or a similar provision of a local ordinance, the
15 opportunity to present an oral or written statement, as
16 guaranteed by Article I, Section 8.1 of the Illinois
17 Constitution and provided in Section 6 of the Rights of
18 Crime Victims and Witnesses Act. The court shall allow a
19 victim to make an oral statement if the victim is present
20 in the courtroom and requests to make an oral or written
21 statement. An oral or written statement includes the
22 victim or a representative of the victim reading the
23 written statement. The court may allow persons impacted by
24 the crime who are not victims under subsection (a) of
25 Section 3 of the Rights of Crime Victims and Witnesses Act
26 to present an oral or written statement. A victim and any
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1 person making an oral statement shall not be put under
2 oath or subject to cross-examination. All statements
3 offered under this paragraph (7) shall become part of the
4 record of the court. In this paragraph (7), "victim of a
5 violent crime" means a person who is a victim of a violent
6 crime for which the defendant has been convicted after a
7 bench or jury trial or a person who is the victim of a
8 violent crime with which the defendant was charged and the
9 defendant has been convicted under a plea agreement of a
10 crime that is not a violent crime as defined in subsection
11 (c) of 3 of the Rights of Crime Victims and Witnesses Act;
12 (7.5) afford a qualified person affected by: (i) a
13 violation of Section 405, 405.1, 405.2, or 407 of the
14 Illinois Controlled Substances Act or a violation of
15 Section 55 or Section 65 of the Methamphetamine Control
16 and Community Protection Act; or (ii) a Class 4 felony
17 violation of Section 11-14, 11-14.3 except as described in
18 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
19 11-18.1, or 11-19 of the Criminal Code of 1961 or the
20 Criminal Code of 2012, committed by the defendant the
21 opportunity to make a statement concerning the impact on
22 the qualified person and to offer evidence in aggravation
23 or mitigation; provided that the statement and evidence
24 offered in aggravation or mitigation shall first be
25 prepared in writing in conjunction with the State's
26 Attorney before it may be presented orally at the hearing.
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1 Sworn testimony offered by the qualified person is subject
2 to the defendant's right to cross-examine. All statements
3 and evidence offered under this paragraph (7.5) shall
4 become part of the record of the court. In this paragraph
5 (7.5), "qualified person" means any person who: (i) lived
6 or worked within the territorial jurisdiction where the
7 offense took place when the offense took place; or (ii) is
8 familiar with various public places within the territorial
9 jurisdiction where the offense took place when the offense
10 took place. "Qualified person" includes any peace officer
11 or any member of any duly organized State, county, or
12 municipal peace officer unit assigned to the territorial
13 jurisdiction where the offense took place when the offense
14 took place;
15 (8) in cases of reckless homicide afford the victim's
16 spouse, guardians, parents or other immediate family
17 members an opportunity to make oral statements;
18 (9) in cases involving a felony sex offense as defined
19 under the Sex Offender Management Board Act, consider the
20 results of the sex offender evaluation conducted pursuant
21 to Section 5-3-2 of this Act; and
22 (10) make a finding of whether a motor vehicle was
23 used in the commission of the offense for which the
24 defendant is being sentenced.
25 (b) All sentences shall be imposed by the judge based upon
26 his independent assessment of the elements specified above and
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1 any agreement as to sentence reached by the parties. The judge
2 who presided at the trial or the judge who accepted the plea of
3 guilty shall impose the sentence unless he is no longer
4 sitting as a judge in that court. Where the judge does not
5 impose sentence at the same time on all defendants who are
6 convicted as a result of being involved in the same offense,
7 the defendant or the State's Attorney may advise the
8 sentencing court of the disposition of any other defendants
9 who have been sentenced.
10 (b-1) In imposing a sentence of imprisonment or periodic
11 imprisonment for a Class 3 or Class 4 felony for which a
12 sentence of probation or conditional discharge is an available
13 sentence, if the defendant has no prior sentence of probation
14 or conditional discharge and no prior conviction for a violent
15 crime, the defendant shall not be sentenced to imprisonment
16 before review and consideration of a presentence report and
17 determination and explanation of why the particular evidence,
18 information, factor in aggravation, factual finding, or other
19 reasons support a sentencing determination that one or more of
20 the factors under subsection (a) of Section 5-6-1 of this Code
21 apply and that probation or conditional discharge is not an
22 appropriate sentence.
23 (c) In imposing a sentence for a violent crime or for an
24 offense of operating or being in physical control of a vehicle
25 while under the influence of alcohol, any other drug or any
26 combination thereof, or a similar provision of a local
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1 ordinance, when such offense resulted in the personal injury
2 to someone other than the defendant, the trial judge shall
3 specify on the record the particular evidence, information,
4 factors in mitigation and aggravation or other reasons that
5 led to his sentencing determination. The full verbatim record
6 of the sentencing hearing shall be filed with the clerk of the
7 court and shall be a public record.
8 (c-1) In imposing a sentence for the offense of aggravated
9 kidnapping for ransom, home invasion, armed robbery,
10 aggravated vehicular hijacking, aggravated discharge of a
11 firearm, or armed violence with a category I weapon or
12 category II weapon, the trial judge shall make a finding as to
13 whether the conduct leading to conviction for the offense
14 resulted in great bodily harm to a victim, and shall enter that
15 finding and the basis for that finding in the record.
16 (c-1.5) Notwithstanding any other provision of law to the
17 contrary, in imposing a sentence for an offense that requires
18 a mandatory minimum sentence of imprisonment, the court may
19 instead sentence the offender to probation, conditional
20 discharge, or a lesser term of imprisonment it deems
21 appropriate if: (1) the offense involves the use or possession
22 of drugs, retail theft, or driving on a revoked license due to
23 unpaid financial obligations; (2) the court finds that the
24 defendant does not pose a risk to public safety; and (3) the
25 interest of justice requires imposing a term of probation,
26 conditional discharge, or a lesser term of imprisonment. The
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1 court must state on the record its reasons for imposing
2 probation, conditional discharge, or a lesser term of
3 imprisonment.
4 (c-2) If the defendant is sentenced to prison, other than
5 when a sentence of natural life imprisonment is imposed, at
6 the time the sentence is imposed the judge shall state on the
7 record in open court the approximate period of time the
8 defendant will serve in custody according to the then current
9 statutory rules and regulations for sentence credit found in
10 Section 3-6-3 and other related provisions of this Code. This
11 statement is intended solely to inform the public, has no
12 legal effect on the defendant's actual release, and may not be
13 relied on by the defendant on appeal.
14 The judge's statement, to be given after pronouncing the
15 sentence, other than when the sentence is imposed for one of
16 the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
17 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, assuming the defendant receives all of his or her
25 sentence credit, the period of estimated actual custody is ...
26 years and ... months, less up to 180 days additional earned
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1 sentence credit. If the defendant, because of his or her own
2 misconduct or failure to comply with the institutional
3 regulations, does not receive those credits, the actual time
4 served in prison will be longer. The defendant may also
5 receive an additional one-half day sentence credit for each
6 day of participation in vocational, industry, substance abuse,
7 and educational programs as provided for by Illinois statute."
8 When the sentence is imposed for one of the offenses
9 enumerated in paragraph (a)(2) of Section 3-6-3, other than
10 first degree murder, and the offense was committed on or after
11 June 19, 1998, and when the sentence is imposed for reckless
12 homicide as defined in subsection (e) of Section 9-3 of the
13 Criminal Code of 1961 or the Criminal Code of 2012 if the
14 offense was committed on or after January 1, 1999, and when the
15 sentence is imposed for aggravated driving under the influence
16 of alcohol, other drug or drugs, or intoxicating compound or
17 compounds, or any combination thereof as defined in
18 subparagraph (F) of paragraph (1) of subsection (d) of Section
19 11-501 of the Illinois Vehicle Code, and when the sentence is
20 imposed for aggravated arson if the offense was committed on
21 or after July 27, 2001 (the effective date of Public Act
22 92-176), and when the sentence is imposed for aggravated
23 driving under the influence of alcohol, other drug or drugs,
24 or intoxicating compound or compounds, or any combination
25 thereof as defined in subparagraph (C) of paragraph (1) of
26 subsection (d) of Section 11-501 of the Illinois Vehicle Code
HB2547 Enrolled - 368 - LRB104 09526 KTG 19589 b
1 committed on or after January 1, 2011 (the effective date of
2 Public Act 96-1230), the judge's statement, to be given after
3 pronouncing the sentence, shall include the following:
4 "The purpose of this statement is to inform the public of
5 the actual period of time this defendant is likely to spend in
6 prison as a result of this sentence. The actual period of
7 prison time served is determined by the statutes of Illinois
8 as applied to this sentence by the Illinois Department of
9 Corrections and the Illinois Prisoner Review Board. In this
10 case, the defendant is entitled to no more than 4 1/2 days of
11 sentence credit for each month of his or her sentence of
12 imprisonment. Therefore, this defendant will serve at least
13 85% of his or her sentence. Assuming the defendant receives 4
14 1/2 days credit for each month of his or her sentence, the
15 period of estimated actual custody is ... years and ...
16 months. If the defendant, because of his or her own misconduct
17 or failure to comply with the institutional regulations
18 receives lesser credit, the actual time served in prison will
19 be longer."
20 When a sentence of imprisonment is imposed for first
21 degree murder and the offense was committed on or after June
22 19, 1998, the judge's statement, to be given after pronouncing
23 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
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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 not entitled to sentence credit.
5 Therefore, this defendant will serve 100% of his or her
6 sentence."
7 When the sentencing order recommends placement in a
8 substance abuse program for any offense that results in
9 incarceration in a Department of Corrections facility and the
10 crime was committed on or after September 1, 2003 (the
11 effective date of Public Act 93-354), the judge's statement,
12 in addition to any other judge's statement required under this
13 Section, to be given after pronouncing the sentence, shall
14 include the following:
15 "The purpose of this statement is to inform the public of
16 the actual period of time this defendant is likely to spend in
17 prison as a result of this sentence. The actual period of
18 prison time served is determined by the statutes of Illinois
19 as applied to this sentence by the Illinois Department of
20 Corrections and the Illinois Prisoner Review Board. In this
21 case, the defendant shall receive no earned sentence credit
22 under clause (3) of subsection (a) of Section 3-6-3 until he or
23 she participates in and completes a substance abuse treatment
24 program or receives a waiver from the Director of Corrections
25 pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
26 (c-4) Before the sentencing hearing and as part of the
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1 presentence investigation under Section 5-3-1, the court shall
2 inquire of the defendant whether the defendant is currently
3 serving in or is a veteran of the Armed Forces of the United
4 States. If the defendant is currently serving in the Armed
5 Forces of the United States or is a veteran of the Armed Forces
6 of the United States and has been diagnosed as having a mental
7 illness by a qualified psychiatrist or clinical psychologist
8 or physician, the court may:
9 (1) order that the officer preparing the presentence
10 report consult with the United States Department of
11 Veterans Affairs, Illinois Department of Veterans
12 Veterans' Affairs, or another agency or person with
13 suitable knowledge or experience for the purpose of
14 providing the court with information regarding treatment
15 options available to the defendant, including federal,
16 State, and local programming; and
17 (2) consider the treatment recommendations of any
18 diagnosing or treating mental health professionals
19 together with the treatment options available to the
20 defendant in imposing sentence.
21 For the purposes of this subsection (c-4), "qualified
22 psychiatrist" means a reputable physician licensed in Illinois
23 to practice medicine in all its branches, who has specialized
24 in the diagnosis and treatment of mental and nervous disorders
25 for a period of not less than 5 years.
26 (c-6) In imposing a sentence, the trial judge shall
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1 specify, on the record, the particular evidence and other
2 reasons which led to his or her determination that a motor
3 vehicle was used in the commission of the offense.
4 (c-7) In imposing a sentence for a Class 3 or 4 felony,
5 other than a violent crime as defined in Section 3 of the
6 Rights of Crime Victims and Witnesses Act, the court shall
7 determine and indicate in the sentencing order whether the
8 defendant has 4 or more or fewer than 4 months remaining on his
9 or her sentence accounting for time served.
10 (d) When the defendant is committed to the Department of
11 Corrections, the State's Attorney shall and counsel for the
12 defendant may file a statement with the clerk of the court to
13 be transmitted to the department, agency or institution to
14 which the defendant is committed to furnish such department,
15 agency or institution with the facts and circumstances of the
16 offense for which the person was committed together with all
17 other factual information accessible to them in regard to the
18 person prior to his commitment relative to his habits,
19 associates, disposition and reputation and any other facts and
20 circumstances which may aid such department, agency or
21 institution during its custody of such person. The clerk shall
22 within 10 days after receiving any such statements transmit a
23 copy to such department, agency or institution and a copy to
24 the other party, provided, however, that this shall not be
25 cause for delay in conveying the person to the department,
26 agency or institution to which he has been committed.
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1 (e) The clerk of the court shall transmit to the
2 department, agency or institution, if any, to which the
3 defendant is committed, the following:
4 (1) the sentence imposed;
5 (2) any statement by the court of the basis for
6 imposing the sentence;
7 (3) any presentence reports;
8 (3.3) the person's last known complete street address
9 prior to incarceration or legal residence, the person's
10 race, whether the person is of Hispanic or Latino origin,
11 and whether the person is 18 years of age or older;
12 (3.5) any sex offender evaluations;
13 (3.6) any substance abuse treatment eligibility
14 screening and assessment of the defendant by an agent
15 designated by the State of Illinois to provide assessment
16 services for the Illinois courts;
17 (4) the number of days, if any, which the defendant
18 has been in custody and for which he is entitled to credit
19 against the sentence, which information shall be provided
20 to the clerk by the sheriff;
21 (4.1) any finding of great bodily harm made by the
22 court with respect to an offense enumerated in subsection
23 (c-1);
24 (5) all statements filed under subsection (d) of this
25 Section;
26 (6) any medical or mental health records or summaries
HB2547 Enrolled - 373 - LRB104 09526 KTG 19589 b
1 of the defendant;
2 (7) the municipality where the arrest of the offender
3 or the commission of the offense has occurred, where such
4 municipality has a population of more than 25,000 persons;
5 (8) all statements made and evidence offered under
6 paragraph (7) of subsection (a) of this Section; and
7 (9) all additional matters which the court directs the
8 clerk to transmit.
9 (f) In cases in which the court finds that a motor vehicle
10 was used in the commission of the offense for which the
11 defendant is being sentenced, the clerk of the court shall,
12 within 5 days thereafter, forward a report of such conviction
13 to the Secretary of State.
14 (Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;
15 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)
16 Section 460. The Drug Court Treatment Act is amended by
17 changing Section 30 as follows:
18 (730 ILCS 166/30)
19 Sec. 30. Mental health and substance use disorder
20 treatment.
21 (a) The drug court program shall maintain a network of
22 substance use disorder treatment programs representing a
23 continuum of graduated substance use disorder treatment
24 options commensurate with the needs of the participant.
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1 (b) Any substance use disorder treatment program to which
2 participants are referred must hold a valid license from the
3 Department of Human Services Division of Substance Use
4 Prevention and Recovery, use evidence-based treatment, and
5 deliver all services in accordance with 77 Ill. Adm. Code
6 2060, including services available through the United States
7 Department of Veterans Affairs, the Illinois Department of
8 Veterans Veterans' Affairs, or Veterans Assistance Commission,
9 or an equivalent standard in any other state where treatment
10 may take place.
11 (c) The drug court program may, at its discretion, employ
12 additional services or interventions, as it deems necessary on
13 a case by case basis.
14 (d) The drug court program may maintain or collaborate
15 with a network of mental health treatment programs
16 representing a continuum of treatment options commensurate
17 with the needs of the participant and available resources,
18 including programs with the State and community-based programs
19 supported and sanctioned by the State. Partnerships with
20 providers certified as mental health or behavioral health
21 centers shall be prioritized when possible.
22 (Source: P.A. 102-1041, eff. 6-2-22.)
23 Section 465. The Veterans and Servicemembers Court
24 Treatment Act is amended by changing Section 10 as follows:
HB2547 Enrolled - 375 - LRB104 09526 KTG 19589 b
1 (730 ILCS 167/10)
2 Sec. 10. Definitions. In this Act:
3 "Certification" means the process by which a
4 problem-solving court obtains approval from the Supreme Court
5 to operate in accordance with the Problem-Solving Court
6 Standards.
7 "Clinical treatment plan" means an evidence-based,
8 comprehensive, and individualized plan that: (i) is developed
9 by a qualified professional in accordance with the Department
10 of Human Services substance use prevention and recovery rules
11 under 77 Ill. Adm. Code 2060 or an equivalent standard in any
12 state where treatment may take place; and (ii) defines the
13 scope of treatment services to be delivered by a court
14 treatment provider.
15 "Combination Veterans and Servicemembers court program"
16 means a type of problem-solving court that allows an
17 individual to enter a problem-solving court before a plea,
18 conviction, or disposition while also permitting an individual
19 who has admitted guilt, or been found guilty, to enter a
20 problem-solving court as a part of the individual's sentence
21 or disposition.
22 "Community behavioral health center" means a physical site
23 where behavioral healthcare services are provided in
24 accordance with the Community Behavioral Health Center
25 Infrastructure Act.
26 "Community mental health center" means an entity:
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1 (1) licensed by the Department of Public Health as a
2 community mental health center in accordance with the
3 conditions of participation for community mental health
4 centers established by the Centers for Medicare and
5 Medicaid Services; and
6 (2) that provides outpatient services, including
7 specialized outpatient services, for individuals who are
8 chronically mental ill.
9 "Co-occurring mental health and substance use disorders
10 court program" means a program that includes an individual
11 with co-occurring mental illness and substance use disorder
12 diagnoses and professionals with training and experience in
13 treating individuals with diagnoses of substance use disorder
14 and mental illness.
15 "Court" means veterans and servicemembers court.
16 "IDVA" means the Illinois Department of Veterans Veterans'
17 Affairs.
18 "Peer recovery coach" means a veteran mentor as defined
19 nationally by Justice for Vets and assigned to a veteran or
20 servicemember during participation in a veteran treatment
21 court program who has been approved by the court, and trained
22 according to curriculum recommended by Justice for Vets, a
23 service provider used by the court for substance use disorder
24 or mental health treatment, a local service provider with an
25 established peer recovery coach or mentor program not
26 otherwise used by the court for treatment, or a Certified
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1 Recovery Support Specialist certified by the Illinois
2 Certification Board. "Peer recovery coach" includes
3 individuals with lived experiences of the issues the
4 problem-solving court seeks to address, including, but not
5 limited to, substance use disorder, mental illness, and
6 co-occurring disorders or involvement with the criminal
7 justice system. "Peer recovery coach" includes individuals
8 required to guide and mentor the participant to successfully
9 complete assigned requirements and to facilitate participants'
10 independence for continued success once the supports of the
11 court are no longer available to them.
12 "Post-adjudicatory veterans and servicemembers court
13 program" means a program that allows a defendant who has
14 admitted guilt or has been found guilty and agrees, with the
15 defendant's consent, and the approval of the court, to enter a
16 veterans and servicemembers court program as part of the
17 defendant's sentence or disposition.
18 "Pre-adjudicatory veterans and servicemembers court
19 program" means a program that allows the defendant, with the
20 defendant's consent and the approval of the court, to enter
21 the Veterans and Servicemembers Court program before plea,
22 conviction, or disposition and requires successful completion
23 of the Veterans and Servicemembers Court programs as part of
24 the agreement.
25 "Problem-Solving Court Standards" means the statewide
26 standards adopted by the Supreme Court that set forth the
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1 minimum requirements for the planning, establishment,
2 certification, operation, and evaluation of all
3 problem-solving courts in this State.
4 "Servicemember" means a person who is currently serving in
5 the Army, Air Force, Marines, Navy, or Coast Guard on active
6 duty, reserve status or in the National Guard.
7 "VA" means the United States Department of Veterans
8 Veterans' Affairs.
9 "VAC" means a veterans assistance commission.
10 "Validated clinical assessment" means a validated
11 assessment tool administered by a qualified clinician to
12 determine the treatment needs of participants. "Validated
13 clinical assessment" includes assessment tools required by
14 public or private insurance.
15 "Veteran" means a person who previously served as an
16 active servicemember.
17 "Veterans and servicemembers court professional" means a
18 member of the veterans and servicemembers court team,
19 including, but not limited to, a judge, prosecutor, defense
20 attorney, probation officer, coordinator, treatment provider.
21 "Veterans and servicemembers court", "veterans and
22 servicemembers court program", "court", or "program" means a
23 specially designated court, court calendar, or docket
24 facilitating intensive therapeutic treatment to monitor and
25 assist veteran or servicemember participants with substance
26 use disorder, mental illness, co-occurring disorders, or other
HB2547 Enrolled - 379 - LRB104 09526 KTG 19589 b
1 assessed treatment needs of eligible veteran and servicemember
2 participants and in making positive lifestyle changes and
3 reducing the rate of recidivism. Veterans and servicemembers
4 court programs are nonadversarial in nature and bring together
5 substance use disorder professionals, mental health
6 professionals, VA professionals, local social programs, and
7 intensive judicial monitoring in accordance with the
8 nationally recommended 10 key components of veterans treatment
9 courts and the Problem-Solving Court Standards. Common
10 features of a veterans and servicemembers court program
11 include, but are not limited to, a designated judge and staff;
12 specialized intake and screening procedures; coordinated
13 treatment procedures administered by a trained,
14 multidisciplinary professional team; close evaluation of
15 participants, including continued assessments and modification
16 of the court requirements and use of sanctions, incentives,
17 and therapeutic adjustments to address behavior; frequent
18 judicial interaction with participants; less formal court
19 process and procedures; voluntary participation; and a low
20 treatment staff-to-client ratio.
21 (Source: P.A. 102-1041, eff. 6-2-22.)
22 Section 999. Effective date. This Act takes effect upon
23 becoming law.
HB2547 Enrolled - 380 - LRB104 09526 KTG 19589 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 350/1 from Ch. 127, par. 1301
4 5 ILCS 350/2 from Ch. 127, par. 1302
5 5 ILCS 382/3-15
6 5 ILCS 465/10 from Ch. 124, par. 31
7 15 ILCS 16/15 was 20 ILCS 5/3
8 15 ILCS 16/25 was 20 ILCS 5/4
9 15 ILCS 16/30 was 20 ILCS 5/5.01a
10 15 ILCS 16/35 was 20 ILCS 5/9.22
11 15 ILCS 16/55
12 15 ILCS 16/65 from Ch. 127, par. 63b108b.7
13 15 ILCS 335/5 was 20 ILCS 805/63a23
14 15 ILCS 335/11
15 20 ILCS 5/5-15
16 20 ILCS 5/5-20
17 20 ILCS 5/5-190
18 20 ILCS 5/5-420
19 20 ILCS 105/4.01
20 20 ILCS 105/4.04a
21 20 ILCS 105/8.10
22 20 ILCS 415/8b.7
23 20 ILCS 505/5.46
24 20 ILCS 805/805-305
25 20 ILCS 1305/1-80
HB2547 Enrolled - 381 - LRB104 09526 KTG 19589 b
1 20 ILCS 1605/21.6 from Ch. 126 1/2, par. 65.9
2 20 ILCS 2310/2310-376 from Ch. 126 1/2, par. 66
3 20 ILCS 2805/Act title from Ch. 126 1/2, par. 67
4 20 ILCS 2805/0.01 from Ch. 126 1/2, par. 67.01
5 20 ILCS 2805/1 from Ch. 126 1/2, par. 67.04
6 20 ILCS 2805/1.5 from Ch. 126 1/2, par. 70
7 20 ILCS 2805/2
8 20 ILCS 2805/2.01 from Ch. 127, par. 161
9 20 ILCS 2805/2.01c
10 20 ILCS 2805/2.04 from Ch. 108 1/2, par. 14-104
11 20 ILCS 2805/2.10
12 20 ILCS 2805/5
13 20 ILCS 2805/15
14 20 ILCS 2805/37
15 20 ILCS 2805/39
16 20 ILCS 3960/3.6
17 20 ILCS 3975/4.5
18 30 ILCS 105/25
19 30 ILCS 500/45-57
20 30 ILCS 500/45-67
21 30 ILCS 596/10
22 30 ILCS 608/5-10
23 35 ILCS 200/15-165
24 35 ILCS 515/7.5
25 40 ILCS 5/14-104
26 45 ILCS 175/5
HB2547 Enrolled - 382 - LRB104 09526 KTG 19589 b
from Ch. 34, par. 3-5015
1 55 ILCS 5/3-5015
2 55 ILCS 5/5-12022 from Ch. 122, par. 30-14.2
3 60 ILCS 1/110-17 from Ch. 24 1/2, par. 38b6
4 65 ILCS 5/11-13-28 from Ch. 144, par. 29
5 105 ILCS 5/30-14.2 from Ch. 144, par. 658e
6 110 ILCS 49/15
7 110 ILCS 70/36g from Ch. 111 1/2, par. 4151-113
8 110 ILCS 305/8 from Ch. 111 1/2, par. 4152-201
9 110 ILCS 520/8e
10 110 ILCS 660/5-85
11 110 ILCS 665/10-85
12 110 ILCS 670/15-85
13 110 ILCS 675/20-85
14 110 ILCS 680/25-85
15 110 ILCS 685/30-85
16 110 ILCS 690/35-85
17 110 ILCS 947/40
18 110 ILCS 972/5
19 210 ILCS 45/1-113
20 210 ILCS 45/2-201
21 210 ILCS 45/2-201.5
22 210 ILCS 45/2-213
23 210 ILCS 45/2-215
24 210 ILCS 45/3-101.5
25 210 ILCS 45/3-202.6
26 210 ILCS 45/3-304.2
HB2547 Enrolled - 383 - LRB104 09526 KTG 19589 b
1 210 ILCS 45/3-308.5 from Ch. 43, par. 130
2 210 ILCS 46/1-113 from Ch. 67 1/2, par. 1264
3 210 ILCS 47/1-113
4 210 ILCS 49/1-102 from Ch. 126 1/2, par. 57.53
5 210 ILCS 160/5 from Ch. 126 1/2, par. 57.55
6 210 ILCS 175/5 from Ch. 126 1/2, par. 57.56
7 215 ILCS 5/356z.12
8 235 ILCS 5/6-15 from Ch. 126 1/2, par. 57.62
9 305 ILCS 5/5-5.27 from Ch. 126 1/2, par. 57.64
10 305 ILCS 5/11-5.2 from Ch. 126 1/2, par. 57.65
11 310 ILCS 65/14 from Ch. 126 1/2, par. 57.71
12 320 ILCS 42/35 from Ch. 23, par. 3081
13 320 ILCS 70/25-10
14 320 ILCS 70/25-20
15 320 ILCS 70/25-25
16 330 ILCS 30/3
17 330 ILCS 30/5
18 330 ILCS 30/6
19 330 ILCS 32/5
20 330 ILCS 32/20
21 330 ILCS 32/25
22 330 ILCS 35/2
23 330 ILCS 35/4
24 330 ILCS 35/5
25 330 ILCS 40/1
26 330 ILCS 45/1
HB2547 Enrolled - 384 - LRB104 09526 KTG 19589 b
1 330 ILCS 46/15 from Ch. 126 1/2, par. 59.1
2 330 ILCS 65/2.1 from Ch. 126 1/2, par. 60
3 330 ILCS 65/3 from Ch. 116, par. 30
4 330 ILCS 70/2 from Ch. 126 1/2, par. 57.82
5 330 ILCS 100/2 from Ch. 126 1/2, par. 57.83
6 330 ILCS 100/3
7 330 ILCS 100/4 from Ch. 126 1/2, par. 26
8 330 ILCS 105/1 from Ch. 126 1/2, par. 27
9 330 ILCS 105/2 from Ch. 21, par. 59a
10 330 ILCS 110/1 from Ch. 21, par. 59b
11 330 ILCS 110/2 from Ch. 21, par. 59c
12 330 ILCS 110/3 from Ch. 21, par. 59c1
13 330 ILCS 110/3.1
14 330 ILCS 126/10 from Ch. 111 1/2, par. 73-18
15 330 ILCS 126/25 from Ch. 56, par. 15-5
16 330 ILCS 130/10 from Ch. 56, par. 20-5
17 330 ILCS 140/10 from Ch. 61, par. 3.1-2
18 330 ILCS 140/20 from Ch. 96 1/2, par. 9505
19 410 ILCS 82/35 from Ch. 95 1/2, par. 2-123
20 410 ILCS 130/5
21 410 ILCS 535/18
22 515 ILCS 5/15-5
23 515 ILCS 5/20-5
24 520 ILCS 5/3.1-2
25 525 ILCS 5/5
26 625 ILCS 5/2-123
HB2547 Enrolled - 385 - LRB104 09526 KTG 19589 b
from Ch. 95 1/2, par. 3-609
1 625 ILCS 5/3-609 from Ch. 95 1/2, par. 6-106
2 625 ILCS 5/3-699.14 from Ch. 95 1/2, par. 11-1301.2
3 625 ILCS 5/6-106
4 625 ILCS 5/11-1301.2 from Ch. 38, par. 1003-12-6
5 705 ILCS 95/7 from Ch. 38, par. 1005-4-1
6 705 ILCS 505/9.5
7 720 ILCS 570/311.6
8 730 ILCS 5/3-12-6
9 730 ILCS 5/5-4-1
10 730 ILCS 166/30
11 730 ILCS 167/10Every fact on this page links to its source, starting with the official bill record.