Amendment vs bill Senate Amendment 002 vs Enrolled

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HB0862 Enrolled LRB104 04759 SPS 14786 b AN ACT concerning State government.
*LRB10404759JDS38579a* Sen.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Julie A.
Article 5.
Morrison Filed:
5/29/2026 10400HB0862sam002 LRB104 04759 JDS 38579 a AMENDMENT TO HOUSE BILL 862 AMENDMENT NO.
______.
Amend House Bill 862 by replacing everything after the enacting clause with the following:
"Article 5.
(2) Personal statements may include contact information for the candidate, including the address and phone number of the campaign headquarters, and the candidate's website.
10400HB0862sam002 -2- LRB104 04759 JDS 38579 a (2) Personal statements may include contact information for the candidate, including the address and phone number of the campaign headquarters, and the candidate's website.
(4) No personal statement may include language that HB0862 Enrolled - 2 - LRB104 04759 SPS 14786 b may not be legally sent through the mail.
(4) No personal statement may include language that may not be legally sent through the mail.
The Board may assess a civil fine of no more than $1,000 against a person or entity who falsely submits a statement or photograph not authorized by the candidate.
The 10400HB0862sam002 -3- LRB104 04759 JDS 38579 a Board may assess a civil fine of no more than $1,000 against a person or entity who falsely submits a statement or photograph not authorized by the candidate.
The persons writing, signing, or offering HB0862 Enrolled - 3 - LRB104 04759 SPS 14786 b a statement for inclusion in the Internet Guide are deemed to be its authors and publishers, and the Board shall not be liable in any case or action relating to the content of any material submitted by any candidate.
The persons writing, signing, or offering a statement for inclusion in the Internet Guide are deemed to be its authors and publishers, and the Board shall not be liable in any case or action relating to the content of any material submitted by any candidate.
The Accessible Electronic Information Act is amended by changing Sections 15 and 20 as follows:
The Accessible Electronic Information Act is 10400HB0862sam002 -4- LRB104 04759 JDS 38579 a amended by changing Sections 15 and 20 as follows:
The Director by rule shall develop and implement a program of grants to qualified entities for the provision of accessible electronic information service to blind persons and HB0862 Enrolled - 4 - LRB104 04759 SPS 14786 b persons with disabilities throughout Illinois.
The Director by rule shall develop and implement a program of grants to qualified entities for the provision of accessible electronic information service to blind persons and persons with disabilities throughout Illinois.
If moneys in the Digital Divide Elimination Infrastructure Fund are insufficient to meet the transfer requirements of this subsection, the Illinois Commerce Commission shall direct the Illinois Telecommunications Access Corporation, or its successor, to remit the amount of any insufficiency to the Director for deposit into the Accessible Electronic Information Service Fund from surcharges collected by the Corporation, or its successor, under Section 13-703 of the Public Utilities Act.
If moneys in the Digital Divide Elimination Infrastructure Fund are insufficient to meet the 10400HB0862sam002 -5- LRB104 04759 JDS 38579 a transfer requirements of this subsection, the Illinois Commerce Commission shall direct the Illinois Telecommunications Access Corporation, or its successor, to remit the amount of any insufficiency to the Director for deposit into the Accessible Electronic Information Service Fund from surcharges collected by the Corporation, or its successor, under Section 13-703 of the Public Utilities Act.
HB0862 Enrolled - 5 - LRB104 04759 SPS 14786 b (c) On July 1, 2026 or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Accessible Electronic Information Service Fund into the General Revenue Fund.
(c) On July 1, 2026 or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Accessible Electronic Information Service Fund into the General Revenue Fund.
Notwithstanding any other provision of law, on July 1, 2026 or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Fair Promotional Activities Fund and the Watershed Park Fund into the Illinois State Fair Fund.
Notwithstanding any other provision of law, on July 1, 2026 or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the 10400HB0862sam002 -6- LRB104 04759 JDS 38579 a remaining balance from the State Fair Promotional Activities Fund and the Watershed Park Fund into the Illinois State Fair Fund.
This Section is repealed HB0862 Enrolled - 6 - LRB104 04759 SPS 14786 b on January 1, 2027.
This Section is repealed on January 1, 2027.
All Eighty percent of the revenue derived from fees paid for certificates of title, duplicate certificates of title and corrected certificates of title and deposited into in the Park and Conservation Fund, as provided for in Section 2-119 of the Illinois Vehicle Code, shall be expended solely by the Department pursuant to an appropriation for acquisition, development, and maintenance of bike paths, including grants for the acquisition and development of bike paths.
All Eighty percent of the revenue derived from fees paid for certificates of title, duplicate certificates of title and corrected certificates of title and deposited into in the Park 10400HB0862sam002 -7- LRB104 04759 JDS 38579 a and Conservation Fund, as provided for in Section 2-119 of the Illinois Vehicle Code, shall be expended solely by the Department pursuant to an appropriation for acquisition, development, and maintenance of bike paths, including grants for the acquisition and development of bike paths.
All and 20% of the revenue derived from fees paid for certificates of title, duplicate certificates of title and corrected HB0862 Enrolled - 7 - LRB104 04759 SPS 14786 b certificates of title and shall be deposited into the Illinois Fisheries Management Fund, a special fund created in the State treasury, as provided for in Section 2-119 of the Illinois Vehicle Code, shall Treasury to be used for the operation of the Division of Fisheries within the Department.
All and 20% of the revenue derived from fees paid for certificates of title, duplicate certificates of title and corrected certificates of title and shall be deposited into the Illinois Fisheries Management Fund, a special fund created in the State treasury, as provided for in Section 2-119 of the Illinois Vehicle Code, shall Treasury to be used for the operation of the Division of Fisheries within the Department.
The moneys monies deposited into the Park and Conservation Fund and the Illinois Fisheries Management Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.
The moneys monies deposited into the Park and Conservation Fund and the Illinois Fisheries Management Fund under this 10400HB0862sam002 -8- LRB104 04759 JDS 38579 a Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.
HB0862 Enrolled - 8 - LRB104 04759 SPS 14786 b (20 ILCS 1305/10-50) Sec.
(20 ILCS 1305/10-50) Sec.
Moneys in this fund shall be appropriated to the Department of Human Services and expended for the purposes and activities specified by the federal agency making the grant.
Moneys in 10400HB0862sam002 -9- LRB104 04759 JDS 38579 a this fund shall be appropriated to the Department of Human Services and expended for the purposes and activities specified by the federal agency making the grant.
HB0862 Enrolled - 9 - LRB104 04759 SPS 14786 b 75.703.
75.703.
There is created in the State treasury a special fund known as the Domestic Violence Shelter and Service Fund.
There is created in the State treasury a special fund known as 10400HB0862sam002 -10- LRB104 04759 JDS 38579 a the Domestic Violence Shelter and Service Fund.
HB0862 Enrolled - 10 - LRB104 04759 SPS 14786 b (20 ILCS 1310/3.2 rep.) Section 5-40.
(20 ILCS 1310/3.2 rep.) Section 5-40.
Notwithstanding any other provision of law, on July 1, 2027 or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Special Olympics Illinois Fund into the Special Olympics Illinois and Special Children's Charities Fund.
Notwithstanding any other provision of law, on July 1, 2027 or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Special Olympics Illinois Fund into the Special 10400HB0862sam002 -11- LRB104 04759 JDS 38579 a Olympics Illinois and Special Children's Charities Fund.
8-21-08.) HB0862 Enrolled - 11 - LRB104 04759 SPS 14786 b Section 5-50.
8-21-08.) Section 5-50.
(3) To pass upon the qualifications of applicants for licenses, certificates, and authorities, whether by examination, by reciprocity, or by endorsement.
10400HB0862sam002 -12- LRB104 04759 JDS 38579 a (3) To pass upon the qualifications of applicants for licenses, certificates, and authorities, whether by examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for the respective professions, trades, and occupations, what shall constitute a school, college, or university, or department of a university, or other institution, HB0862 Enrolled - 12 - LRB104 04759 SPS 14786 b reputable and in good standing, and to determine the reputability and good standing of a school, college, or university, or department of a university, or other institution, reputable and in good standing, by reference to a compliance with those rules and regulations;
(4) To prescribe rules and regulations defining, for the respective professions, trades, and occupations, what shall constitute a school, college, or university, or department of a university, or other institution, reputable and in good standing, and to determine the reputability and good standing of a school, college, or university, or department of a university, or other institution, reputable and in good standing, by reference to a compliance with those rules and regulations;
(5) To conduct hearings on proceedings to revoke, suspend, refuse to renew, place on probationary status, or take other disciplinary action as authorized in any licensing Act administered by the Department with regard to licenses, certificates, or authorities of persons exercising the respective professions, trades, or occupations and to revoke, suspend, refuse to renew, place on probationary status, or take other disciplinary action as authorized in any licensing Act administered by the Department with regard to those licenses, certificates, or authorities.
(5) To conduct hearings on proceedings to revoke, suspend, refuse to renew, place on probationary status, or take other disciplinary action as authorized in any licensing Act administered by the Department with regard to licenses, certificates, or authorities of persons exercising the respective professions, trades, or occupations and to revoke, suspend, refuse to renew, place on probationary status, or take other disciplinary action as authorized in any licensing Act administered by the 10400HB0862sam002 -13- LRB104 04759 JDS 38579 a Department with regard to those licenses, certificates, or authorities.
The Department shall refuse to issue or renew a license to, or shall suspend or revoke a license of, any person who, after receiving notice, fails to comply with a HB0862 Enrolled - 13 - LRB104 04759 SPS 14786 b subpoena or warrant relating to a paternity or child support proceeding.
The Department shall refuse to issue or renew a license to, or shall suspend or revoke a license of, any person who, after receiving notice, fails to comply with a subpoena or warrant relating to a paternity or child support proceeding.
The Department may implement this paragraph as added by Public Act 89-6 through the use of emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act.
The Department may 10400HB0862sam002 -14- LRB104 04759 JDS 38579 a implement this paragraph as added by Public Act 89-6 through the use of emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act.
HB0862 Enrolled - 14 - LRB104 04759 SPS 14786 b (6) To transfer jurisdiction of any realty under the control of the Department to any other department of the State Government or to acquire or accept federal lands when the transfer, acquisition, or acceptance is advantageous to the State and is approved in writing by the Governor.
(6) To transfer jurisdiction of any realty under the control of the Department to any other department of the State Government or to acquire or accept federal lands when the transfer, acquisition, or acceptance is advantageous to the State and is approved in writing by the Governor.
Notwithstanding any provisions in this Code to the contrary, the Department of Financial and Professional Regulation shall not be liable under any federal or State law to any person for any disclosure of information to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) under this paragraph (8) or for any other action taken in good faith to comply with the requirements of this paragraph (8).
Notwithstanding any provisions in this Code to the contrary, the Department of Financial and Professional 10400HB0862sam002 -15- LRB104 04759 JDS 38579 a Regulation shall not be liable under any federal or State law to any person for any disclosure of information to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) under this paragraph (8) or for any other action taken in good faith to comply with the requirements of this paragraph (8).
(8.3) To exchange information with the Department of HB0862 Enrolled - 15 - LRB104 04759 SPS 14786 b Human Rights regarding recommendations received under paragraph (B) of Section 8-109 of the Illinois Human Rights Act regarding a licensee or candidate for licensure who has committed a civil rights violation that may lead to the refusal, suspension, or revocation of a license from the Department.
(8.3) To exchange information with the Department of Human Rights regarding recommendations received under paragraph (B) of Section 8-109 of the Illinois Human Rights Act regarding a licensee or candidate for licensure who has committed a civil rights violation that may lead to the refusal, suspension, or revocation of a license from the Department.
(a-5) Except in cases involving delinquency in complying with a child support order or violation of the Non-Support Punishment Act and notwithstanding anything that may appear in any individual licensing Act or administrative rule, no person or entity whose license, certificate, or authority has been revoked as authorized in any licensing Act administered by the Department may apply for restoration of that license, certification, or authority until 3 years after the effective date of the revocation.
(a-5) Except in cases involving delinquency in complying with a child support order or violation of the Non-Support Punishment Act and notwithstanding anything that may appear in any individual licensing Act or administrative rule, no person 10400HB0862sam002 -16- LRB104 04759 JDS 38579 a or entity whose license, certificate, or authority has been revoked as authorized in any licensing Act administered by the Department may apply for restoration of that license, certification, or authority until 3 years after the effective date of the revocation.
(c) For the purpose of securing and preparing evidence, HB0862 Enrolled - 16 - LRB104 04759 SPS 14786 b and for the purchase of controlled substances, professional services, and equipment necessary for enforcement activities, recoupment of investigative costs, and other activities directed at suppressing the misuse and abuse of controlled substances, including those activities set forth in Sections 504 and 508 of the Illinois Controlled Substances Act, the Director and agents appointed and authorized by the Director may expend sums from the General Professions Dedicated Professional Regulation Evidence Fund that the Director deems necessary from the amounts appropriated for that purpose.
(c) For the purpose of securing and preparing evidence, and for the purchase of controlled substances, professional services, and equipment necessary for enforcement activities, recoupment of investigative costs, and other activities directed at suppressing the misuse and abuse of controlled substances, including those activities set forth in Sections 504 and 508 of the Illinois Controlled Substances Act, the Director and agents appointed and authorized by the Director may expend sums from the General Professions Dedicated Professional Regulation Evidence Fund that the Director deems necessary from the amounts appropriated for that purpose.
The Director and those agents are authorized to maintain one or more commercial checking accounts with any State banking corporation or corporations organized under or subject to the Illinois Banking Act for the deposit and withdrawal of moneys to be used for the purposes set forth in this Section;
The Director and those agents are authorized to maintain one or more commercial checking 10400HB0862sam002 -17- LRB104 04759 JDS 38579 a accounts with any State banking corporation or corporations organized under or subject to the Illinois Banking Act for the deposit and withdrawal of moneys to be used for the purposes set forth in this Section;
HB0862 Enrolled - 17 - LRB104 04759 SPS 14786 b Vouchers for those expenditures must be signed by the Director.
Vouchers for those expenditures must be signed by the Director.
(f-5) Notwithstanding anything that may appear in any individual licensing statute or administrative rule, the Department shall allow an applicant to provide his or her individual taxpayer identification number as an alternative to providing a social security number when applying for a license.
(f-5) Notwithstanding anything that may appear in any individual licensing statute or administrative rule, the 10400HB0862sam002 -18- LRB104 04759 JDS 38579 a Department shall allow an applicant to provide his or her individual taxpayer identification number as an alternative to providing a social security number when applying for a license.
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(g) Notwithstanding anything that may appear in any individual licensing statute or administrative rule, the Department shall deny any license application or renewal HB0862 Enrolled - 18 - LRB104 04759 SPS 14786 b authorized under any licensing Act administered by the Department to any person who has failed to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirement of any such tax Act are satisfied;
(g) Notwithstanding anything that may appear in any individual licensing statute or administrative rule, the Department shall deny any license application or renewal authorized under any licensing Act administered by the Department to any person who has failed to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirement of any such tax Act are satisfied;
Upon receipt of that certification, the Department shall, without a hearing, immediately suspend all licenses held by the licensee.
Upon receipt of that certification, the Department shall, without a hearing, 10400HB0862sam002 -19- LRB104 04759 JDS 38579 a immediately suspend all licenses held by the licensee.
The notice shall advise the licensee that the suspension shall be effective 60 HB0862 Enrolled - 19 - LRB104 04759 SPS 14786 b days after the issuance of the Department's order unless the Department receives, from the licensee, a request for a hearing before the Department to dispute the matters contained in the order.
The notice shall advise the licensee that the suspension shall be effective 60 days after the issuance of the Department's order unless the Department receives, from the licensee, a request for a hearing before the Department to dispute the matters contained in the order.
(g-5) Notwithstanding anything that may appear in any individual licensing statute or administrative rule, the Department shall refuse the issuance or renewal of a license to, or suspend or revoke the license of, any individual, corporation, partnership, or other business entity that has been found by the Illinois Workers' Compensation Commission or the Department of Insurance to have failed to (i) secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act, (ii) pay in full a fine or penalty imposed due to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act, or (iii) fulfill all obligations assumed pursuant to a settlement reached with the Illinois Workers' Compensation Commission or the Department of HB0862 Enrolled - 20 - LRB104 04759 SPS 14786 b Insurance relating to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act.
(g-5) Notwithstanding anything that may appear in any individual licensing statute or administrative rule, the Department shall refuse the issuance or renewal of a license to, or suspend or revoke the license of, any individual, corporation, partnership, or other business entity that has been found by the Illinois Workers' Compensation Commission or the Department of Insurance to have failed to (i) secure workers' compensation obligations in the manner required by 10400HB0862sam002 -20- LRB104 04759 JDS 38579 a subsections (a) and (b) of Section 4 of the Workers' Compensation Act, (ii) pay in full a fine or penalty imposed due to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act, or (iii) fulfill all obligations assumed pursuant to a settlement reached with the Illinois Workers' Compensation Commission or the Department of Insurance relating to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act.
In addition, a complaint filed with the Department by the Illinois Workers' Compensation Commission or the Department of Insurance that includes a certification, signed by its Director or Chairman, or the Director or Chairman's designee, attesting to a finding of the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act or the failure to pay any fines or penalties or to discharge any obligation under a settlement relating to the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act is prima facie evidence of the licensee's or applicant's failure to comply with subsections (a) and (b) of Section 4 of the Workers' Compensation Act.
In addition, a complaint filed with the Department by the Illinois Workers' Compensation Commission or the Department of Insurance that includes a certification, signed by its Director or Chairman, or the Director or Chairman's designee, attesting to a finding of the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act or 10400HB0862sam002 -21- LRB104 04759 JDS 38579 a the failure to pay any fines or penalties or to discharge any obligation under a settlement relating to the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act is prima facie evidence of the licensee's or applicant's failure to comply with subsections (a) and (b) of Section 4 of the Workers' Compensation Act.
Upon HB0862 Enrolled - 21 - LRB104 04759 SPS 14786 b receipt of that certification, the Department shall, without a hearing, immediately suspend all licenses held by the licensee or the processing of any application from the applicant.
Upon receipt of that certification, the Department shall, without a hearing, immediately suspend all licenses held by the licensee or the processing of any application from the applicant.
Any suspension imposed under this subsection shall be terminated by the Department upon notification from the Illinois Workers' Compensation Commission or the Department of Insurance that the licensee's or applicant's failure to comply with subsections (a) and (b) of Section 4 of the Workers' Compensation Act has been corrected or otherwise resolved to the satisfaction of the Illinois Workers' Compensation Commission or the Department of Insurance.
Any suspension imposed under this subsection shall be terminated by the Department upon notification from the Illinois Workers' Compensation Commission or the Department of Insurance that the licensee's or applicant's failure to comply with subsections (a) and (b) of Section 4 of the Workers' Compensation Act has been corrected or otherwise resolved to 10400HB0862sam002 -22- LRB104 04759 JDS 38579 a the satisfaction of the Illinois Workers' Compensation Commission or the Department of Insurance.
The Department may adopt rules for the administration of HB0862 Enrolled - 22 - LRB104 04759 SPS 14786 b this subsection.
The Department may adopt rules for the administration of this subsection.
7-1-24.) (20 ILCS 2105/2105-15.2 new) Sec.
7-1-24.) 10400HB0862sam002 -23- LRB104 04759 JDS 38579 a (20 ILCS 2105/2105-15.2 new) Sec.
On July 1, 2026 or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Professional Regulation Evidence Fund into the General HB0862 Enrolled - 23 - LRB104 04759 SPS 14786 b Professions Dedicated Fund.
On July 1, 2026 or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Professional Regulation Evidence Fund into the General Professions Dedicated Fund.
This Section is repealed on January 1, 2027.
10400HB0862sam002 -24- LRB104 04759 JDS 38579 a This Section is repealed on January 1, 2027.
85-1209.) HB0862 Enrolled - 24 - LRB104 04759 SPS 14786 b (30 ILCS 105/5.361) Sec.
85-1209.) (30 ILCS 105/5.361) Sec.
The Accessible Electronic Information Service Fund.
The Accessible Electronic Information Service 10400HB0862sam002 -25- LRB104 04759 JDS 38579 a Fund.
8-21-07.) HB0862 Enrolled - 25 - LRB104 04759 SPS 14786 b (30 ILCS 105/5.674) Sec.
8-21-07.) (30 ILCS 105/5.674) Sec.
8-12-11.) (30 ILCS 105/5.913) Sec.
8-12-11.) (30 ILCS 105/5.913) 10400HB0862sam002 -26- LRB104 04759 JDS 38579 a Sec.
All fees and other moneys received by the Department of Transportation from any officer, department or HB0862 Enrolled - 26 - LRB104 04759 SPS 14786 b agency of the State for providing air transportation to or for such officer, department or agency shall be paid (i) through June 30, 2027 into the Air Transportation Revolving Fund and (ii) beginning July 1, 2027 into the Aeronautics Fund.
All fees and other moneys received by the Department of Transportation from any officer, department or agency of the State for providing air transportation to or for such officer, department or agency shall be paid (i) through June 30, 2027 into the Air Transportation Revolving Fund and (ii) beginning July 1, 2027 into the Aeronautics Fund.
81-840.) (30 ILCS 105/6z-39) Sec.
81-840.) 10400HB0862sam002 -27- LRB104 04759 JDS 38579 a (30 ILCS 105/6z-39) Sec.
HB0862 Enrolled - 27 - LRB104 04759 SPS 14786 b negotiate Treasury-State agreements;
negotiate Treasury-State agreements;
This Fund is established to receive funds from all federal departments and agencies, including grants and awards.
This Fund is established to 10400HB0862sam002 -28- LRB104 04759 JDS 38579 a receive funds from all federal departments and agencies, including grants and awards.
Moneys in the Agriculture Federal Projects Fund shall be held by the State Treasurer as ex officio custodian and shall be used for the specific purposes established by the terms and conditions of HB0862 Enrolled - 28 - LRB104 04759 SPS 14786 b the federal grant or award and for other authorized expenses in accordance with federal requirements.
Moneys in the Agriculture Federal Projects Fund shall be held by the State Treasurer as ex officio custodian and shall be used for the specific purposes established by the terms and conditions of the federal grant or award and for other authorized expenses in accordance with federal requirements.
Appropriations for equipment, personnel, operational expenses and such other expenses incident to providing air transportation for officers, departments or agencies of the State government may be payable from the Air Transportation Revolving Fund or, beginning in State fiscal year 2028, the Aeronautics Fund.
Appropriations for equipment, personnel, operational expenses and such other expenses incident to providing air transportation for officers, departments or 10400HB0862sam002 -29- LRB104 04759 JDS 38579 a agencies of the State government may be payable from the Air Transportation Revolving Fund or, beginning in State fiscal year 2028, the Aeronautics Fund.
All moneys received from the issuance of HB0862 Enrolled - 29 - LRB104 04759 SPS 14786 b Lifetime Hunting, Fishing or Sportsmen's Combination Licenses under Section 20-45 of the Fish and Aquatic Life Code shall be deposited into the Fish and Wildlife Endowment Fund.
All moneys received from the issuance of Lifetime Hunting, Fishing or Sportsmen's Combination Licenses under Section 20-45 of the Fish and Aquatic Life Code shall be deposited into the Fish and Wildlife Endowment Fund.
Upon completion of the transfer, the Fish and Wildlife Endowment Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund pass to the Wildlife and Fish Fund.
Upon completion of the transfer, the Fish and Wildlife Endowment Fund is dissolved, 10400HB0862sam002 -30- LRB104 04759 JDS 38579 a and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund pass to the Wildlife and Fish Fund.
2-7-96.) (30 ILCS 105/5.408 rep.) HB0862 Enrolled - 30 - LRB104 04759 SPS 14786 b (30 ILCS 105/5.700 rep.) (30 ILCS 105/5.704 rep.) (30 ILCS 105/5.774 rep.) (30 ILCS 105/5.829 rep.) (30 ILCS 105/5.959 rep.) (30 ILCS 105/5.992 rep.) (30 ILCS 105/5.997 rep.) (30 ILCS 105/5.1010 rep.) (30 ILCS 105/5.1030 rep.) (30 ILCS 105/6b-4 rep.) (30 ILCS 105/6z-136 rep.) (30 ILCS 105/6z-137 rep.) Section 5-65.
2-7-96.) (30 ILCS 105/5.408 rep.) (30 ILCS 105/5.700 rep.) (30 ILCS 105/5.704 rep.) (30 ILCS 105/5.774 rep.) (30 ILCS 105/5.829 rep.) (30 ILCS 105/5.959 rep.) (30 ILCS 105/5.992 rep.) (30 ILCS 105/5.997 rep.) (30 ILCS 105/5.1010 rep.) (30 ILCS 105/5.1030 rep.) (30 ILCS 105/6b-4 rep.) (30 ILCS 105/6z-136 rep.) (30 ILCS 105/6z-137 rep.) Section 5-65.
(30 ILCS 570/7.10) Sec.
10400HB0862sam002 -31- LRB104 04759 JDS 38579 a (30 ILCS 570/7.10) Sec.
All moneys received by the Department as civil penalties under this Act shall be deposited into the Employee Classification Fund Employment of Illinois Workers on Public Works Projects Fund and shall be HB0862 Enrolled - 31 - LRB104 04759 SPS 14786 b used, subject to appropriation by the General Assembly, by the Department for administration, investigation, and other expenses incurred in carrying out its powers and duties under this Act.
All moneys received by the Department as civil penalties under this Act shall be deposited into the Employee Classification Fund Employment of Illinois Workers on Public Works Projects Fund and shall be used, subject to appropriation by the General Assembly, by the Department for administration, investigation, and other expenses incurred in carrying out its powers and duties under this Act.
Upon completion of the transfer, the Employment of Illinois Workers on Public Works Projects Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund pass to the Employee Classification Fund Any moneys in the Fund at the end of a fiscal year in excess of those moneys necessary for the Department to carry out its powers and duties under this Act shall be available for appropriation to the Department for the next fiscal year for any of the Department's duties.
Upon completion of the transfer, the Employment of Illinois Workers on Public Works Projects Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund pass to the Employee Classification Fund Any moneys in the Fund at the end of a fiscal year in excess of those moneys necessary for the Department to carry out its powers and duties under this Act shall be available for appropriation to the Department for 10400HB0862sam002 -32- LRB104 04759 JDS 38579 a the next fiscal year for any of the Department's duties.
(30 ILCS 750/9-11) HB0862 Enrolled - 32 - LRB104 04759 SPS 14786 b Sec.
(30 ILCS 750/9-11) Sec.
In order to obtain assistance under the Program, a port district must submit a comprehensive application to the Department for consideration.
In order to obtain assistance under the Program, a port district must 10400HB0862sam002 -33- LRB104 04759 JDS 38579 a submit a comprehensive application to the Department for consideration.
HB0862 Enrolled - 33 - LRB104 04759 SPS 14786 b (3) The maximum amount which may be loaned from the Program to fund any one project is $3,000,000.
(3) The maximum amount which may be loaned from the Program to fund any one project is $3,000,000.
In order to achieve the requirement of paragraph (a) of this subsection (4), the port district may use guarantees provided under facility operating agreements or guaranteed facility use agreements from private concerns to demonstrate loan repayment ability.
In order to achieve the requirement of paragraph (a) of 10400HB0862sam002 -34- LRB104 04759 JDS 38579 a this subsection (4), the port district may use guarantees provided under facility operating agreements or guaranteed facility use agreements from private concerns to demonstrate loan repayment ability.
Certain infrastructure facilities developed under the Program may be general use public facilities where there is not a definitive and guaranteed revenue stream to support the HB0862 Enrolled - 34 - LRB104 04759 SPS 14786 b project, nevertheless the facilities are important to facilitate overall long term port development objectives.
Certain infrastructure facilities developed under the Program may be general use public facilities where there is not a definitive and guaranteed revenue stream to support the project, nevertheless the facilities are important to facilitate overall long term port development objectives.
In the event a port district becomes delinquent in payments to the State, that port district shall not be eligible for any future loans until the delinquency is remedied.
In the event a port district becomes delinquent in payments to the State, that port district shall not be 10400HB0862sam002 -35- LRB104 04759 JDS 38579 a eligible for any future loans until the delinquency is remedied.
HB0862 Enrolled - 35 - LRB104 04759 SPS 14786 b (b) Project impact.
(b) Project impact.
The port district's intentions as to how it intends to collateralize the loan amount, including third party guarantees, pledging of project and facility revenue, or pledging general revenues of the district.
The port district's intentions as to how it intends to collateralize the loan amount, including third party guarantees, pledging of project and facility revenue, or 10400HB0862sam002 -36- LRB104 04759 JDS 38579 a pledging general revenues of the district.
Those applications which meet minimum criteria shall then be ranked by the overall net HB0862 Enrolled - 36 - LRB104 04759 SPS 14786 b positive impact on the State.
Those applications which meet minimum criteria shall then be ranked by the overall net positive impact on the State.
Projects shall be selected according to their ranking up to the limit of available funds.
10400HB0862sam002 -37- LRB104 04759 JDS 38579 a Projects shall be selected according to their ranking up to the limit of available funds.
When the Department determines all necessary requirements are met and the remainder of the project financing is available, a HB0862 Enrolled - 37 - LRB104 04759 SPS 14786 b loan agreement shall be executed and project development may commence.
When the Department determines all necessary requirements are met and the remainder of the project financing is available, a loan agreement shall be executed and project development may commence.
The Governmental Account Audit Act is amended by changing Section 4.5 as follows:
The Governmental Account Audit Act is 10400HB0862sam002 -38- LRB104 04759 JDS 38579 a amended by changing Section 4.5 as follows:
There is created the Comptroller's Audit Expense Revolving Fund as a special fund to be held by the State Treasurer, ex officio, as custodian, but separate and apart from the funds HB0862 Enrolled - 38 - LRB104 04759 SPS 14786 b in the State treasury.
There is created the Comptroller's Audit Expense Revolving Fund as a special fund to be held by the State Treasurer, ex officio, as custodian, but separate and apart from the funds in the State treasury.
On July 1, 2026 or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Comptroller's Audit Expense Revolving Fund into the Comptroller's Administrative Fund.
On July 1, 2026 or as soon thereafter as practical, the 10400HB0862sam002 -39- LRB104 04759 JDS 38579 a State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Comptroller's Audit Expense Revolving Fund into the Comptroller's Administrative Fund.
Upon completion of the transfer, the Comptroller's Audit Expense Revolving Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Comptroller's HB0862 Enrolled - 39 - LRB104 04759 SPS 14786 b Administrative Fund.
Upon completion of the transfer, the Comptroller's Audit Expense Revolving Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Comptroller's Administrative Fund.
Moneys paid to the Comptroller pursuant to the preceding sentence shall be deposited into the Comptroller's Administrative Audit Expense Revolving Fund.
Moneys paid to the Comptroller pursuant to the preceding sentence shall be deposited into the Comptroller's Administrative Audit Expense 10400HB0862sam002 -40- LRB104 04759 JDS 38579 a Revolving Fund.
1-1-20.) HB0862 Enrolled - 40 - LRB104 04759 SPS 14786 b Section 5-95.
1-1-20.) Section 5-95.
The Comptroller must, in cooperation with reporting municipalities, create a format for the reporting of information described in paragraphs (1.5), (5), and (8) and in subparagraph (G) of paragraph (7) of subsection (d) of Section 11-74.4-5 of the Tax Increment Allocation Redevelopment Act and the information described in paragraphs (1.5), (5), and (8) and in subparagraph (G) of paragraph (7) of subsection (d) of Section 11-74.6-22 of the Industrial Jobs Recovery Law that facilitates consistent reporting among the reporting municipalities.
The Comptroller must, in cooperation with reporting municipalities, create a format for the reporting of information described in paragraphs (1.5), (5), and (8) and in subparagraph (G) of paragraph (7) of subsection (d) of Section 11-74.4-5 of the Tax Increment Allocation Redevelopment Act and the information described in paragraphs (1.5), (5), and (8) and in subparagraph (G) of paragraph (7) of subsection (d) of Section 11-74.6-22 of the Industrial Jobs Recovery Law that facilitates consistent reporting among the reporting 10400HB0862sam002 -41- LRB104 04759 JDS 38579 a municipalities.
A Tax Increment Financing Report must be filed electronically with the Comptroller within 180 days after the close of the HB0862 Enrolled - 41 - LRB104 04759 SPS 14786 b municipal fiscal year or as soon thereafter as the audit for the redevelopment project area for that fiscal year becomes available.
A Tax Increment Financing Report must be filed electronically with the Comptroller within 180 days after the close of the municipal fiscal year or as soon thereafter as the audit for the redevelopment project area for that fiscal year becomes available.
The Comptroller may decline to order an audit and the preparation of an audit report if an initial examination of the books and records of the municipality indicates that books and records of the municipality are inadequate or unavailable to support the preparation of the audit report or the supplemental report due to the passage of time or the occurrence of a natural disaster.
The Comptroller may decline to order an audit and the preparation of an audit report if an initial examination of the books and records of the 10400HB0862sam002 -42- LRB104 04759 JDS 38579 a municipality indicates that books and records of the municipality are inadequate or unavailable to support the preparation of the audit report or the supplemental report due to the passage of time or the occurrence of a natural disaster.
In the event the Comptroller causes an audit to be made in accordance with the HB0862 Enrolled - 42 - LRB104 04759 SPS 14786 b requirements of this Section, the municipality shall pay to the Comptroller reasonable compensation and expenses to reimburse her for the cost of preparing or completing such report.
In the event the Comptroller causes an audit to be made in accordance with the requirements of this Section, the municipality shall pay to the Comptroller reasonable compensation and expenses to reimburse her for the cost of preparing or completing such report.
In the event the required audit report is not filed within the time specified in such written notice, the Comptroller shall cause such audit to be made by an auditor or auditors.
In the event the required audit report is not filed within the time specified in such written notice, the Comptroller shall cause 10400HB0862sam002 -43- LRB104 04759 JDS 38579 a such audit to be made by an auditor or auditors.
In the event the required annual or supplemental report for a municipality is not filed within 6 months after the close of the fiscal year of the municipality, the Comptroller shall notify the corporate authorities of that municipality in writing that the annual or supplemental report is due and may grant an extension in time of 60 days for the filing of such annual or HB0862 Enrolled - 43 - LRB104 04759 SPS 14786 b supplemental report.
In the event the required annual or supplemental report for a municipality is not filed within 6 months after the close of the fiscal year of the municipality, the Comptroller shall notify the corporate authorities of that municipality in writing that the annual or supplemental report is due and may grant an extension in time of 60 days for the filing of such annual or supplemental report.
The Comptroller may charge a municipality a fee for a delinquent audit or report of $5 per day for the first 15 days past due, $10 per day for 16 through 30 days past due, $15 per day for 31 through 45 days past due, and $20 per day for the 46th day and every day thereafter.
The Comptroller may charge a 10400HB0862sam002 -44- LRB104 04759 JDS 38579 a municipality a fee for a delinquent audit or report of $5 per day for the first 15 days past due, $10 per day for 16 through 30 days past due, $15 per day for 31 through 45 days past due, and $20 per day for the 46th day and every day thereafter.
HB0862 Enrolled - 44 - LRB104 04759 SPS 14786 b (Source:
(Source:
Additionally and unless specifically directed to be deposited into other funds, all moneys received by the State Board of Education from gifts, grants, royalty payments, or donations from any source, public or private, shall be deposited into the State Board of Education Special Purpose Trust Fund.
Additionally and unless specifically 10400HB0862sam002 -45- LRB104 04759 JDS 38579 a directed to be deposited into other funds, all moneys received by the State Board of Education from gifts, grants, royalty payments, or donations from any source, public or private, shall be deposited into the State Board of Education Special Purpose Trust Fund.
These funds shall be used, subject to appropriation by the General Assembly, by the State Board of Education for the purposes established by the gifts, grants, HB0862 Enrolled - 45 - LRB104 04759 SPS 14786 b royalty payments, or donations.
These funds shall be used, subject to appropriation by the General Assembly, by the State Board of Education for the purposes established by the gifts, grants, royalty payments, or donations.
(Source:
10400HB0862sam002 -46- LRB104 04759 JDS 38579 a (Source:
(a) All license registration fees and a portion of renewal and duplicate fees shall be kept by the regional HB0862 Enrolled - 46 - LRB104 04759 SPS 14786 b superintendent as described in Section 21-16 or 21B-40 of this Code, together with a record of the names of the persons paying them.
(a) All license registration fees and a portion of renewal and duplicate fees shall be kept by the regional superintendent as described in Section 21-16 or 21B-40 of this Code, together with a record of the names of the persons paying them.
to defray expenses incidental to teachers' institutes, workshops or meetings of a professional nature that are designed to promote the professional growth of teachers or for the purpose of defraying the expense of any general or special meeting of teachers or school personnel of the region, which has been approved by the regional superintendent.
to defray expenses incidental to teachers' institutes, workshops or meetings of a professional nature that are designed to promote the professional growth of teachers or for the purpose of defraying the expense of any general or special meeting of teachers or school personnel of the region, which has been 10400HB0862sam002 -47- LRB104 04759 JDS 38579 a approved by the regional superintendent.
(b) In addition to the use of moneys in the ISBE Teacher Certificate Institute Fund institute fund to defray expenses under subsection (a) of this Section, the State Superintendent of Education, as authorized under Section 2-3.105 of this Code, shall use moneys in the ISBE Teacher Certificate Institute Fund institute fund to defray all costs associated HB0862 Enrolled - 47 - LRB104 04759 SPS 14786 b with the administration of teaching licenses within a city having a population exceeding 500,000.
(b) In addition to the use of moneys in the ISBE Teacher Certificate Institute Fund institute fund to defray expenses under subsection (a) of this Section, the State Superintendent of Education, as authorized under Section 2-3.105 of this Code, shall use moneys in the ISBE Teacher Certificate Institute Fund institute fund to defray all costs associated with the administration of teaching licenses within a city having a population exceeding 500,000.
(c) The regional superintendent shall on or before January 1 of each year post on the regional office of education's website (1) the balance on hand in the ISBE Teacher Certificate Institute Fund institute fund at the beginning of the previous year;
(c) The regional superintendent shall on or before January 1 of each year post on the regional office of education's website (1) the balance on hand in the ISBE Teacher Certificate Institute Fund institute fund at the beginning of 10400HB0862sam002 -48- LRB104 04759 JDS 38579 a the previous year;
6-29-23.) HB0862 Enrolled - 48 - LRB104 04759 SPS 14786 b (105 ILCS 5/3-15.12) (from Ch.
6-29-23.) (105 ILCS 5/3-15.12) (from Ch.
(a) a person who is 17 years of age or older, has maintained residence in the State of Illinois, and is not a high school graduate;
(a) a person who is 17 years of age or 10400HB0862sam002 -49- LRB104 04759 JDS 38579 a older, has maintained residence in the State of Illinois, and is not a high school graduate;
For purposes of this Section, residence is that abode which the applicant considers his or HB0862 Enrolled - 49 - LRB104 04759 SPS 14786 b her home.
For purposes of this Section, residence is that abode which the applicant considers his or her home.
Such moneys received by the regional superintendent shall be used, first, for the expenses incurred in administering and scoring the examination, and next for other educational programs that are developed and designed by the regional superintendent of schools to assist those who successfully complete high school equivalency testing or meet the criteria for alternative methods of credentialing in furthering their academic development or their ability to secure and retain gainful employment, including programs for the competitive award based on test scores of college or adult education scholarship grants or similar educational incentives.
Such moneys received by the regional superintendent shall be used, first, for the expenses incurred in administering and scoring the examination, and next for other educational programs that are developed and designed by the regional superintendent of schools to assist those who 10400HB0862sam002 -50- LRB104 04759 JDS 38579 a successfully complete high school equivalency testing or meet the criteria for alternative methods of credentialing in furthering their academic development or their ability to secure and retain gainful employment, including programs for the competitive award based on test scores of college or adult education scholarship grants or similar educational incentives.
Any excess moneys shall be paid into the ISBE HB0862 Enrolled - 50 - LRB104 04759 SPS 14786 b Teacher Certificate Institute Fund institute fund.
Any excess moneys shall be paid into the ISBE Teacher Certificate Institute Fund institute fund.
(A) High School Equivalency based on High School Credit.
10400HB0862sam002 -51- LRB104 04759 JDS 38579 a (A) High School Equivalency based on High School Credit.
A qualified candidate may petition to have his or HB0862 Enrolled - 51 - LRB104 04759 SPS 14786 b her post-secondary transcripts evaluated to determine what the candidate needs to meet criteria established by the Illinois Community College Board.
A qualified candidate may petition to have his or her post-secondary transcripts evaluated to determine what the candidate needs to meet criteria established by the Illinois Community College Board.
Any applicant who has attained the age of 17 years and maintained residence in the State of Illinois and is not a high school graduate, any person who has enrolled in a youth education program sponsored by the Illinois National Guard, or any person who has successfully completed an alternative education program under Section 2-3.81, Article 13A, or Article 13B is eligible to apply for a State of Illinois High School Diploma (if he or she meets the requirements prescribed by the Illinois Community College Board) upon showing evidence that he or she has completed, successfully, high school equivalency testing, administered by the United States Armed Forces Institute, official high school equivalency testing HB0862 Enrolled - 52 - LRB104 04759 SPS 14786 b centers established in other states, Veterans' Administration Hospitals, or the office of the State Superintendent of Education for the Illinois State Penitentiary System and the Department of Corrections.
Any applicant who has attained the age of 17 years and maintained residence in the State of Illinois and is not a high school graduate, any person who has enrolled in a youth education program sponsored by the Illinois National Guard, or any person who has successfully completed an alternative 10400HB0862sam002 -52- LRB104 04759 JDS 38579 a education program under Section 2-3.81, Article 13A, or Article 13B is eligible to apply for a State of Illinois High School Diploma (if he or she meets the requirements prescribed by the Illinois Community College Board) upon showing evidence that he or she has completed, successfully, high school equivalency testing, administered by the United States Armed Forces Institute, official high school equivalency testing centers established in other states, Veterans' Administration Hospitals, or the office of the State Superintendent of Education for the Illinois State Penitentiary System and the Department of Corrections.
the director of a program who certifies to the Chief Examiner of an official high school equivalency testing center that the applicant has completed a program of instruction provided by such agencies as the Job Corps, the Postal Service Academy, or an apprenticeship training program;
the director of a program who certifies to the Chief Examiner of an official high school equivalency testing center that the applicant has completed a program of 10400HB0862sam002 -53- LRB104 04759 JDS 38579 a instruction provided by such agencies as the Job Corps, the Postal Service Academy, or an apprenticeship training program;
or a post high school educational institution for purposes of admission, the Department of HB0862 Enrolled - 53 - LRB104 04759 SPS 14786 b Financial and Professional Regulation for licensing purposes, or the Armed Forces for induction purposes.
or a post high school educational institution for purposes of admission, the Department of Financial and Professional Regulation for licensing purposes, or the Armed Forces for induction purposes.
(2) The applicant has not attained 25 years of age as of the date of the scheduled test.
10400HB0862sam002 -54- LRB104 04759 JDS 38579 a (2) The applicant has not attained 25 years of age as of the date of the scheduled test.
A homeless services provider that is qualified to verify an individual's housing status, as determined by the Illinois Community College Board, and that has knowledge of the applicant's HB0862 Enrolled - 54 - LRB104 04759 SPS 14786 b housing status may verify the applicant's status for purposes of this subdivision (3).
A homeless services provider that is qualified to verify an individual's housing status, as determined by the Illinois Community College Board, and that has knowledge of the applicant's housing status may verify the applicant's status for purposes of this subdivision (3).
A State of Illinois High School Diploma is a recognized high school equivalency certificate for purposes of reciprocity with other states.
10400HB0862sam002 -55- LRB104 04759 JDS 38579 a A State of Illinois High School Diploma is a recognized high school equivalency certificate for purposes of reciprocity with other states.
8-9-24.) HB0862 Enrolled - 55 - LRB104 04759 SPS 14786 b (105 ILCS 5/21B-40) Sec.
8-9-24.) (105 ILCS 5/21B-40) Sec.
The Short-Term Substitute Teaching License must be registered in at least one region in this State, but does not require a registration fee.
The Short-Term Substitute 10400HB0862sam002 -56- LRB104 04759 JDS 38579 a Teaching License must be registered in at least one region in this State, but does not require a registration fee.
The licensee may apply for a refund of the application fee within 18 months of issuance of the new license and shall be issued that refund by the State Board of Education if the licensee provides evidence to the State Board of Education that the licensee has taught pursuant to the HB0862 Enrolled - 56 - LRB104 04759 SPS 14786 b Short-Term Substitute Teaching License at least 10 full school days within one year of issuance.
The licensee may apply for a refund of the application fee within 18 months of issuance of the new license and shall be issued that refund by the State Board of Education if the licensee provides evidence to the State Board of Education that the licensee has taught pursuant to the Short-Term Substitute Teaching License at least 10 full school days within one year of issuance.
If the individual holding the license is not yet employed, then the license may be registered in any county in this State.
If the individual holding the license is not yet employed, then 10400HB0862sam002 -57- LRB104 04759 JDS 38579 a the license may be registered in any county in this State.
An individual must register the HB0862 Enrolled - 57 - LRB104 04759 SPS 14786 b license (i) immediately after initial issuance of the license and (ii) at the beginning of each renewal cycle if the individual has satisfied the renewal requirements required under this Code.
An individual must register the license (i) immediately after initial issuance of the license and (ii) at the beginning of each renewal cycle if the individual has satisfied the renewal requirements required under this Code.
(b) All application fees paid pursuant to subdivisions (1) through (3) of subsection (a) of this Section shall be deposited into the Teacher Certificate Fee Revolving Fund and shall be used, subject to appropriation, by the State Board of Education to provide the technology and human resources necessary for the timely and efficient processing of applications and for the renewal of licenses.
(b) All application fees paid pursuant to subdivisions (1) through (3) of subsection (a) of this Section shall be deposited into the Teacher Certificate Fee Revolving Fund and 10400HB0862sam002 -58- LRB104 04759 JDS 38579 a shall be used, subject to appropriation, by the State Board of Education to provide the technology and human resources necessary for the timely and efficient processing of applications and for the renewal of licenses.
Funds available from the Teacher Certificate Fee Revolving Fund may also be used by the State Board of Education to support the recruitment and retention of educators, to support educator HB0862 Enrolled - 58 - LRB104 04759 SPS 14786 b preparation programs as they seek national accreditation, and to provide professional development aligned with the requirements set forth in Section 21B-45 of this Code.
Funds available from the Teacher Certificate Fee Revolving Fund may also be used by the State Board of Education to support the recruitment and retention of educators, to support educator preparation programs as they seek national accreditation, and to provide professional development aligned with the requirements set forth in Section 21B-45 of this Code.
(c) The State Board of Education and each regional office of education are authorized to charge a service or convenience fee for the use of credit cards for the payment of license fees.
(c) The State Board of Education and each regional office of education are authorized to charge a service or convenience 10400HB0862sam002 -59- LRB104 04759 JDS 38579 a fee for the use of credit cards for the payment of license fees.
(d) If, at the time a certificate issued under Article 21 HB0862 Enrolled - 59 - LRB104 04759 SPS 14786 b of this Code is exchanged for a license issued under this Article, a person has paid registration fees for any years of the validity period of the certificate and these years have not expired when the certificate is exchanged, then those fees must be applied to the registration of the new license.
(d) If, at the time a certificate issued under Article 21 of this Code is exchanged for a license issued under this Article, a person has paid registration fees for any years of the validity period of the certificate and these years have not expired when the certificate is exchanged, then those fees must be applied to the registration of the new license.
The General Assembly further finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual violence.
The General Assembly further finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting, 10400HB0862sam002 -60- LRB104 04759 JDS 38579 a using drugs and alcohol, sexual harassment, and sexual violence.
Because of the negative outcomes associated with bullying in schools, the General Assembly finds that school districts, charter schools, and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district, charter school, or non-public, non-sectarian elementary or secondary school personnel about HB0862 Enrolled - 60 - LRB104 04759 SPS 14786 b what behaviors constitute prohibited bullying.
Because of the negative outcomes associated with bullying in schools, the General Assembly finds that school districts, charter schools, and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district, charter school, or non-public, non-sectarian elementary or secondary school personnel about what behaviors constitute prohibited bullying.
(3) through the transmission of information from a school computer, a school computer network, or other similar electronic school equipment;
10400HB0862sam002 -61- LRB104 04759 JDS 38579 a (3) through the transmission of information from a school computer, a school computer network, or other similar electronic school equipment;
or (4) through the transmission of information from a computer that is accessed at a nonschool-related location, activity, function, or program or from the use of technology or an electronic device that is not owned, HB0862 Enrolled - 61 - LRB104 04759 SPS 14786 b leased, or used by a school district or school if the bullying causes a substantial disruption to the educational process or orderly operation of a school.
or (4) through the transmission of information from a computer that is accessed at a nonschool-related location, activity, function, or program or from the use of technology or an electronic device that is not owned, leased, or used by a school district or school if the bullying causes a substantial disruption to the educational process or orderly operation of a school.
(1) placing the student or students in reasonable fear of harm to the student's or students' person or property;
10400HB0862sam002 -62- LRB104 04759 JDS 38579 a (1) placing the student or students in reasonable fear of harm to the student's or students' person or property;
or (4) substantially interfering with the student's or HB0862 Enrolled - 62 - LRB104 04759 SPS 14786 b students' ability to participate in or benefit from the services, activities, or privileges provided by a school.
or (4) substantially interfering with the student's or students' ability to participate in or benefit from the services, activities, or privileges provided by a school.
"Cyber-bullying" includes the creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying in this Section.
"Cyber-bullying" includes the creation of a webpage or weblog in which the creator assumes the identity of another person or 10400HB0862sam002 -63- LRB104 04759 JDS 38579 a the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying in this Section.
"Cyber-bullying" also includes the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons if the HB0862 Enrolled - 63 - LRB104 04759 SPS 14786 b distribution or posting creates any of the effects enumerated in the definition of bullying in this Section.
"Cyber-bullying" also includes the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons if the distribution or posting creates any of the effects enumerated in the definition of bullying in this Section.
(4) Consistent with federal and State laws and rules governing student privacy rights, includes procedures for informing parents or guardians of all students involved in the alleged incident of bullying within 24 hours after the school's administration is made aware of the students' involvement in the incident and discussing, as appropriate, the availability of social work services, HB0862 Enrolled - 64 - LRB104 04759 SPS 14786 b counseling, school psychological services, other interventions, and restorative measures.
10400HB0862sam002 -64- LRB104 04759 JDS 38579 a (4) Consistent with federal and State laws and rules governing student privacy rights, includes procedures for informing parents or guardians of all students involved in the alleged incident of bullying within 24 hours after the school's administration is made aware of the students' involvement in the incident and discussing, as appropriate, the availability of social work services, counseling, school psychological services, other interventions, and restorative measures.
(C) Notifying the principal or school administrator or his or her designee of the report of the incident of bullying as soon as possible after the report is received.
(C) Notifying the principal or school 10400HB0862sam002 -65- LRB104 04759 JDS 38579 a administrator or his or her designee of the report of the incident of bullying as soon as possible after the report is received.
(D) Consistent with federal and State laws and rules governing student privacy rights, providing parents and guardians of the students who are parties to the investigation information about the HB0862 Enrolled - 65 - LRB104 04759 SPS 14786 b investigation and an opportunity to meet with the principal or school administrator or his or her designee to discuss the investigation, the findings of the investigation, and the actions taken to address the reported incident of bullying.
(D) Consistent with federal and State laws and rules governing student privacy rights, providing parents and guardians of the students who are parties to the investigation information about the investigation and an opportunity to meet with the principal or school administrator or his or her designee to discuss the investigation, the findings of the investigation, and the actions taken to address the reported incident of bullying.
(9) Is based on the engagement of a range of school stakeholders, including students and parents or guardians.
10400HB0862sam002 -66- LRB104 04759 JDS 38579 a (9) Is based on the engagement of a range of school stakeholders, including students and parents or guardians.
(10) Is posted on the school district's, charter school's, or non-public, non-sectarian elementary or secondary school's existing, publicly accessible Internet website, is included in the student handbook, and, where applicable, posted where other policies, rules, and HB0862 Enrolled - 66 - LRB104 04759 SPS 14786 b standards of conduct are currently posted in the school and provided periodically throughout the school year to students and faculty, and is distributed annually to parents, guardians, students, and school personnel, including new employees when hired.
(10) Is posted on the school district's, charter school's, or non-public, non-sectarian elementary or secondary school's existing, publicly accessible Internet website, is included in the student handbook, and, where applicable, posted where other policies, rules, and standards of conduct are currently posted in the school and provided periodically throughout the school year to students and faculty, and is distributed annually to parents, guardians, students, and school personnel, including new employees when hired.
The information developed as a result of the policy evaluation must be made available on the Internet website of the school district, charter school, or non-public, non-sectarian elementary or secondary school.
The information developed as a result of the policy evaluation 10400HB0862sam002 -67- LRB104 04759 JDS 38579 a must be made available on the Internet website of the school district, charter school, or non-public, non-sectarian elementary or secondary school.
(12) Is consistent with the policies of the school HB0862 Enrolled - 67 - LRB104 04759 SPS 14786 b board, charter school, or non-public, non-sectarian elementary or secondary school.
(12) Is consistent with the policies of the school board, charter school, or non-public, non-sectarian elementary or secondary school.
(i) are adapted to the particular needs of the school and community, (ii) contribute to maintaining school safety, (iii) protect the integrity of a positive and productive learning climate, (iv) teach students the personal and interpersonal skills they will need to be successful in school and society, (v) serve to build and restore relationships among students, families, schools, and communities, (vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students' behavioral health needs in order to keep students in school, and (vii) increase student accountability if the incident of bullying is based on religion, race, ethnicity, or any other category that is identified in the Illinois Human Rights Act.
(i) are adapted to the particular needs of the school and community, (ii) contribute to maintaining school safety, (iii) protect the integrity of a positive and productive learning climate, (iv) teach students the personal and interpersonal skills they will need to be successful in school and society, (v) serve to build and restore relationships among students, families, schools, and communities, (vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students' 10400HB0862sam002 -68- LRB104 04759 JDS 38579 a behavioral health needs in order to keep students in school, and (vii) increase student accountability if the incident of bullying is based on religion, race, ethnicity, or any other category that is identified in the Illinois Human Rights Act.
"School personnel" means persons employed by, on contract with, or who volunteer in a school district, charter school, or non-public, non-sectarian elementary or secondary school, HB0862 Enrolled - 68 - LRB104 04759 SPS 14786 b including, without limitation, school and school district administrators, teachers, school social workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security guards.
"School personnel" means persons employed by, on contract with, or who volunteer in a school district, charter school, or non-public, non-sectarian elementary or secondary school, including, without limitation, school and school district administrators, teachers, school social workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security guards.
The policy or implementing procedure shall include a process to investigate whether a reported act of bullying is within the permissible scope of the district's or school's jurisdiction and shall require that the district or school provide the victim with information regarding services that are available within the district and community, such as counseling, support services, and other programs.
The policy or implementing procedure shall include a process to investigate whether a reported act of bullying is within the permissible scope of the district's or school's jurisdiction and shall require that the district or school provide the victim with information regarding services that are available within the district and 10400HB0862sam002 -69- LRB104 04759 JDS 38579 a community, such as counseling, support services, and other programs.
Every 2 years, each school district, charter school, and non-public, non-sectarian elementary or secondary school shall conduct a review and re-evaluation of its policy and make any necessary HB0862 Enrolled - 69 - LRB104 04759 SPS 14786 b and appropriate revisions.
Every 2 years, each school district, charter school, and non-public, non-sectarian elementary or secondary school shall conduct a review and re-evaluation of its policy and make any necessary and appropriate revisions.
If a school district, charter school, or non-public, non-sectarian elementary or secondary school fails to file a policy on bullying within 14 days of receipt of the aforementioned written request, the State Board of Education shall publish notice of the non-compliance on the State Board of Education's website.
If a school district, charter school, or non-public, non-sectarian elementary or secondary school fails to file a policy on 10400HB0862sam002 -70- LRB104 04759 JDS 38579 a bullying within 14 days of receipt of the aforementioned written request, the State Board of Education shall publish notice of the non-compliance on the State Board of Education's website.
Each school district, charter school, and non-public, non-sectarian elementary or secondary school may provide evidence-based professional development and youth programming HB0862 Enrolled - 70 - LRB104 04759 SPS 14786 b on bullying prevention that is consistent with the provisions of this Section.
Each school district, charter school, and non-public, non-sectarian elementary or secondary school may provide evidence-based professional development and youth programming on bullying prevention that is consistent with the provisions of this Section.
(i) a record of each verified allegation of bullying and action taken;
(i) a record of each verified allegation of bullying and action 10400HB0862sam002 -71- LRB104 04759 JDS 38579 a taken;
The rules for the submission of data shall be consistent with federal and State laws and rules governing student privacy rights, including, but not limited to, the federal Family Educational Rights and Privacy Act of 1974 and the Illinois School Student HB0862 Enrolled - 71 - LRB104 04759 SPS 14786 b Records Act, which shall include, without limitation, a record of each complaint and action taken.
The rules for the submission of data shall be consistent with federal and State laws and rules governing student privacy rights, including, but not limited to, the federal Family Educational Rights and Privacy Act of 1974 and the Illinois School Student Records Act, which shall include, without limitation, a record of each complaint and action taken.
(h) By January 1, 2024, the State Board of Education shall post on its Internet website a template for a model bullying prevention policy.
(h) By January 1, 2024, the State Board of Education shall 10400HB0862sam002 -72- LRB104 04759 JDS 38579 a post on its Internet website a template for a model bullying prevention policy.
HB0862 Enrolled - 72 - LRB104 04759 SPS 14786 b (j) Subject to appropriation, the State Superintendent of Education may provide a grant to a school district, charter school, or non-public, non-sectarian elementary or secondary school to support its anti-bullying programming.
(j) Subject to appropriation, the State Superintendent of Education may provide a grant to a school district, charter school, or non-public, non-sectarian elementary or secondary school to support its anti-bullying programming.
(a) The General Assembly finds that a safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological, and emotional harm to students and interferes with students' ability to learn and participate in school activities.
(a) The General Assembly finds that a safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological, and emotional harm to students and interferes with students' 10400HB0862sam002 -73- LRB104 04759 JDS 38579 a ability to learn and participate in school activities.
Because of the negative outcomes associated with bullying in schools, the General Assembly finds that school HB0862 Enrolled - 73 - LRB104 04759 SPS 14786 b districts, charter schools, and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district, charter school, or non-public, non-sectarian elementary or secondary school personnel about what behaviors constitute prohibited bullying.
Because of the negative outcomes associated with bullying in schools, the General Assembly finds that school districts, charter schools, and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district, charter school, or non-public, non-sectarian elementary or secondary school personnel about what behaviors constitute prohibited bullying.
(2) while in school, on school property, on school buses or other school vehicles, at designated school bus stops waiting for the school bus, or at school-sponsored or school-sanctioned events or activities;
10400HB0862sam002 -74- LRB104 04759 JDS 38579 a (2) while in school, on school property, on school buses or other school vehicles, at designated school bus stops waiting for the school bus, or at school-sponsored or school-sanctioned events or activities;
or HB0862 Enrolled - 74 - LRB104 04759 SPS 14786 b (4) through the transmission of information from a computer that is accessed at a nonschool-related location, activity, function, or program or from the use of technology or an electronic device that is not owned, leased, or used by a school district or school if the bullying causes a substantial disruption to the educational process or orderly operation of a school.
or (4) through the transmission of information from a computer that is accessed at a nonschool-related location, activity, function, or program or from the use of technology or an electronic device that is not owned, leased, or used by a school district or school if the bullying causes a substantial disruption to the educational process or orderly operation of a school.
"Artificial intelligence" has the meaning given to that term in the Digital Voice and Likeness Protection Act.
"Artificial intelligence" has the meaning given to that 10400HB0862sam002 -75- LRB104 04759 JDS 38579 a term in the Digital Voice and Likeness Protection Act.
(1) placing the student or students in reasonable fear HB0862 Enrolled - 75 - LRB104 04759 SPS 14786 b of harm to the student's or students' person or property;
(1) placing the student or students in reasonable fear of harm to the student's or students' person or property;
"Cyber-bullying" means bullying through the use of technology or any electronic communication, including, without limitation, any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic system, or photooptical system, including, without limitation, electronic mail, Internet communications, instant messages, or facsimile communications.
"Cyber-bullying" means bullying through the use of technology or any electronic communication, including, without limitation, any transfer of signs, signals, writing, images, 10400HB0862sam002 -76- LRB104 04759 JDS 38579 a sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic system, or photooptical system, including, without limitation, electronic mail, Internet communications, instant messages, or facsimile communications.
"Cyber-bullying" includes the creation of a webpage or weblog in which the creator assumes the identity of another person or HB0862 Enrolled - 76 - LRB104 04759 SPS 14786 b the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying in this Section.
"Cyber-bullying" includes the creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying in this Section.
(1) Includes the bullying definition provided in this Section.
(1) Includes the bullying definition provided in this 10400HB0862sam002 -77- LRB104 04759 JDS 38579 a Section.
(3) Includes procedures for promptly reporting HB0862 Enrolled - 77 - LRB104 04759 SPS 14786 b bullying, including, but not limited to, identifying and providing the school e-mail address (if applicable) and school telephone number for the staff person or persons responsible for receiving such reports and a procedure for anonymous reporting;
(3) Includes procedures for promptly reporting bullying, including, but not limited to, identifying and providing the school e-mail address (if applicable) and school telephone number for the staff person or persons responsible for receiving such reports and a procedure for anonymous reporting;
The school shall make diligent efforts to notify a parent or legal guardian, utilizing all contact information the school has available or that can be reasonably obtained by the school within the 24-hour period.
The school shall make diligent efforts to notify a parent or legal guardian, utilizing all contact information the school has available or that can be reasonably obtained by the school 10400HB0862sam002 -78- LRB104 04759 JDS 38579 a within the 24-hour period.
(A) Making all reasonable efforts to complete the investigation within 10 school days after the date the report of the incident of bullying was received and taking into consideration additional relevant HB0862 Enrolled - 78 - LRB104 04759 SPS 14786 b information received during the course of the investigation about the reported incident of bullying.
(A) Making all reasonable efforts to complete the investigation within 10 school days after the date the report of the incident of bullying was received and taking into consideration additional relevant information received during the course of the investigation about the reported incident of bullying.
(6) Includes the interventions that can be taken to address bullying, which may include, but are not limited to, school social work services, restorative measures, social-emotional skill building, counseling, school psychological services, and community-based services.
10400HB0862sam002 -79- LRB104 04759 JDS 38579 a (6) Includes the interventions that can be taken to address bullying, which may include, but are not limited to, school social work services, restorative measures, social-emotional skill building, counseling, school psychological services, and community-based services.
(7) Includes a statement prohibiting reprisal or retaliation against any person who reports an act of HB0862 Enrolled - 79 - LRB104 04759 SPS 14786 b bullying and the consequences and appropriate remedial actions for a person who engages in reprisal or retaliation.
(7) Includes a statement prohibiting reprisal or retaliation against any person who reports an act of bullying and the consequences and appropriate remedial actions for a person who engages in reprisal or retaliation.
(11) As part of the process of reviewing and re-evaluating the policy under subsection (d) of this Section, contains a policy evaluation process to assess the outcomes and effectiveness of the policy that includes, but is not limited to, factors such as the frequency of victimization;
10400HB0862sam002 -80- LRB104 04759 JDS 38579 a (11) As part of the process of reviewing and re-evaluating the policy under subsection (d) of this Section, contains a policy evaluation process to assess the outcomes and effectiveness of the policy that includes, but is not limited to, factors such as the frequency of victimization;
identification of HB0862 Enrolled - 80 - LRB104 04759 SPS 14786 b areas of a school where bullying occurs;
identification of areas of a school where bullying occurs;
(13) Requires all individual instances of bullying, as well as all threats, suggestions, or instances of self-harm determined to be the result of bullying, to be reported to the parents or legal guardians of those involved under the guidelines provided in paragraph (4) of this definition.
(13) Requires all individual instances of bullying, as well as all threats, suggestions, or instances of self-harm determined to be the result of bullying, to be 10400HB0862sam002 -81- LRB104 04759 JDS 38579 a reported to the parents or legal guardians of those involved under the guidelines provided in paragraph (4) of this definition.
(i) are adapted to the particular needs of the school and community, (ii) contribute to maintaining HB0862 Enrolled - 81 - LRB104 04759 SPS 14786 b school safety, (iii) protect the integrity of a positive and productive learning climate, (iv) teach students the personal and interpersonal skills they will need to be successful in school and society, (v) serve to build and restore relationships among students, families, schools, and communities, (vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students' behavioral health needs in order to keep students in school, and (vii) increase student accountability if the incident of bullying is based on religion, race, ethnicity, or any other category that is identified in the Illinois Human Rights Act.
(i) are adapted to the particular needs of the school and community, (ii) contribute to maintaining school safety, (iii) protect the integrity of a positive and productive learning climate, (iv) teach students the personal and interpersonal skills they will need to be successful in school and society, (v) serve to build and restore relationships among students, families, schools, and communities, (vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students' behavioral health needs in order to keep students in school, and (vii) increase student accountability if the incident of bullying is based on religion, race, ethnicity, or any other category that is identified in the Illinois Human Rights Act.
"Unauthorized digital replica" means the use of a digital replica of an individual without the consent of the depicted individual.
10400HB0862sam002 -82- LRB104 04759 JDS 38579 a "Unauthorized digital replica" means the use of a digital replica of an individual without the consent of the depicted individual.
(d) Each school district, charter school, and non-public, non-sectarian elementary or secondary school shall create, maintain, and implement a policy on bullying, which policy HB0862 Enrolled - 82 - LRB104 04759 SPS 14786 b must be filed with the State Board of Education.
(d) Each school district, charter school, and non-public, non-sectarian elementary or secondary school shall create, maintain, and implement a policy on bullying, which policy must be filed with the State Board of Education.
No later than September 30 of the subject year, the policy must be filed with the State Board of Education after being updated.
No later than September 30 of the subject year, the policy must be filed with the State Board of 10400HB0862sam002 -83- LRB104 04759 JDS 38579 a Education after being updated.
In monitoring the implementation of the policies, the State Board of Education shall review each filed policy on bullying to ensure all policies meet the requirements set forth in this Section, including ensuring that each policy meets the 13 HB0862 Enrolled - 83 - LRB104 04759 SPS 14786 b criteria criterion identified within the definition of "policy on bullying" set forth in this Section.
In monitoring the implementation of the policies, the State Board of Education shall review each filed policy on bullying to ensure all policies meet the requirements set forth in this Section, including ensuring that each policy meets the 13 criteria criterion identified within the definition of "policy on bullying" set forth in this Section.
(e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available civil or criminal law.
10400HB0862sam002 -84- LRB104 04759 JDS 38579 a (e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available civil or criminal law.
(f) School districts, charter schools, and non-public, non-sectarian elementary and secondary schools shall collect, maintain, and submit to the State Board of Education non-identifiable data regarding verified allegations of HB0862 Enrolled - 84 - LRB104 04759 SPS 14786 b bullying within the school district, charter school, or non-public, non-sectarian elementary or secondary school.
(f) School districts, charter schools, and non-public, non-sectarian elementary and secondary schools shall collect, maintain, and submit to the State Board of Education non-identifiable data regarding verified allegations of bullying within the school district, charter school, or non-public, non-sectarian elementary or secondary school.
The State Board of Education shall adopt rules regarding the notification of school districts, charter schools, and non-public, non-sectarian elementary and secondary schools that fail to comply with the requirements of this subsection.
The State Board of 10400HB0862sam002 -85- LRB104 04759 JDS 38579 a Education shall adopt rules regarding the notification of school districts, charter schools, and non-public, non-sectarian elementary and secondary schools that fail to comply with the requirements of this subsection.
(g) Upon the request of a parent or legal guardian of a child enrolled in a school district, charter school, or non-public, non-sectarian elementary or secondary school HB0862 Enrolled - 85 - LRB104 04759 SPS 14786 b within this State, the State Board of Education must provide non-identifiable data on the number of bullying allegations and incidents in a given year in the school district, charter school, or non-public, non-sectarian elementary or secondary school to the requesting parent or legal guardian.
(g) Upon the request of a parent or legal guardian of a child enrolled in a school district, charter school, or non-public, non-sectarian elementary or secondary school within this State, the State Board of Education must provide non-identifiable data on the number of bullying allegations and incidents in a given year in the school district, charter school, or non-public, non-sectarian elementary or secondary school to the requesting parent or legal guardian.
(j) Subject to appropriation, the State Superintendent of Education may provide a grant to a school district, charter school, or non-public, non-sectarian elementary or secondary school to support its anti-bullying programming.
(j) Subject to appropriation, the State Superintendent of Education may provide a grant to a school district, charter 10400HB0862sam002 -86- LRB104 04759 JDS 38579 a school, or non-public, non-sectarian elementary or secondary school to support its anti-bullying programming.
School districts, charter schools, and non-public, non-sectarian elementary or secondary schools that are not in compliance with subsection (f) are not eligible to receive a grant under this subsection from the Illinois HB0862 Enrolled - 86 - LRB104 04759 SPS 14786 b Bullying and Cyberbullying Prevention Fund.
School districts, charter schools, and non-public, non-sectarian elementary or secondary schools that are not in compliance with subsection (f) are not eligible to receive a grant under this subsection from the Illinois Bullying and Cyberbullying Prevention Fund.
All moneys in the Fund shall be used, subject to appropriation, by the Commission to fund (i) the construction of facilities specified in Commission rules adopted under this Section and (ii) the accessible electronic information program, as provided in Section 20 of the Accessible Electronic Information Act.
All moneys in the Fund shall be used, subject to appropriation, by the Commission to fund (i) the construction of facilities specified in Commission rules adopted under this Section and (ii) the accessible electronic information program, as provided in Section 20 of the Accessible Electronic 10400HB0862sam002 -87- LRB104 04759 JDS 38579 a Information Act.
(b) The Commission shall adopt rules under which it will make grants out of funds appropriated from the Digital Divide Elimination Infrastructure Fund to eligible entities as HB0862 Enrolled - 87 - LRB104 04759 SPS 14786 b specified in the rules for the construction of high-speed data transmission facilities in eligible areas of the State.
(b) The Commission shall adopt rules under which it will make grants out of funds appropriated from the Digital Divide Elimination Infrastructure Fund to eligible entities as specified in the rules for the construction of high-speed data transmission facilities in eligible areas of the State.
Any entity seeking a grant of funds from the Digital Divide Elimination Infrastructure Fund shall demonstrate to the Commission that the grant shall be used for the construction of high-speed data transmission facilities in an eligible area and demonstrate that it satisfies all other requirements of the Commission's rules.
Any entity seeking a grant of funds from the Digital Divide Elimination Infrastructure Fund shall 10400HB0862sam002 -88- LRB104 04759 JDS 38579 a demonstrate to the Commission that the grant shall be used for the construction of high-speed data transmission facilities in an eligible area and demonstrate that it satisfies all other requirements of the Commission's rules.
(c) The rules of the Commission shall provide for the HB0862 Enrolled - 88 - LRB104 04759 SPS 14786 b competitive selection of recipients of grant funds available from the Digital Divide Elimination Infrastructure Fund pursuant to the Illinois Procurement Code.
(c) The rules of the Commission shall provide for the competitive selection of recipients of grant funds available from the Digital Divide Elimination Infrastructure Fund pursuant to the Illinois Procurement Code.
This Section is repealed on January 1, 2027.
10400HB0862sam002 -89- LRB104 04759 JDS 38579 a This Section is repealed on January 1, 2027.
A telecommunications carrier, any corporation other than a telecommunications HB0862 Enrolled - 89 - LRB104 04759 SPS 14786 b carrier, or any person acting as a telecommunications carrier that violates or fails to comply with any provisions of this Act or that fails to obey, observe, or comply with any order, decision, rule, regulation, direction, or requirement, or any part or provision thereof, of the Commission, made or issued under authority of this Act, in a case in which a civil penalty is not otherwise provided for in this Act, but excepting Section 5-202 of the Act, shall be subject to a civil penalty imposed in the manner provided in Section 13-304 of no more than $30,000 or 0.00825% of the carrier's gross intrastate annual telecommunications revenue, whichever is greater, for each offense unless the violator has fewer than 35,000 subscriber access lines, in which case the civil penalty may not exceed $2,000 for each offense.
A telecommunications carrier, any corporation other than a telecommunications carrier, or any person acting as a telecommunications carrier that violates or fails to comply with any provisions of this Act or that fails to obey, observe, or comply with any order, decision, rule, regulation, direction, or requirement, or any part or provision thereof, of the Commission, made or issued under authority of this Act, in a case in which a civil penalty is not otherwise provided for in this Act, but excepting Section 5-202 of the Act, shall be subject to a civil penalty imposed in the manner provided in Section 13-304 of no more than $30,000 or 0.00825% of the carrier's gross intrastate annual telecommunications revenue, whichever is greater, for each offense unless the violator has fewer than 35,000 subscriber access lines, in which case the civil penalty may not exceed $2,000 for each offense.
A telecommunications carrier subject to administrative penalties resulting from a final Commission order approving an intercorporate transaction entered pursuant to Section 7-204 of this Act shall be subject to penalties under this Section imposed for the same conduct only to the extent that such penalties exceed those imposed by the final Commission order.
A telecommunications carrier subject to administrative penalties resulting from a final Commission order approving an intercorporate transaction entered pursuant to Section 7-204 of this Act shall be subject to penalties under this Section imposed for the same conduct only to the extent that such 10400HB0862sam002 -90- LRB104 04759 JDS 38579 a penalties exceed those imposed by the final Commission order.
Penalties under this Section shall attach and begin to accrue from the day after written notice is delivered to such party or HB0862 Enrolled - 90 - LRB104 04759 SPS 14786 b parties that they are in violation of or have failed to comply with this Act or an order, decision, rule, regulation, direction, or requirement of the Commission, or part or provision thereof.
Penalties under this Section shall attach and begin to accrue from the day after written notice is delivered to such party or parties that they are in violation of or have failed to comply with this Act or an order, decision, rule, regulation, direction, or requirement of the Commission, or part or provision thereof.
If the party who has violated or failed to comply with this Act or an order, decision, rule, regulation, direction, or requirement of the Commission, or any part or provision thereof, fails to seek timely review pursuant to Sections 10-113 and 10-201 of this Act, the party shall, upon expiration of the statutory time limit, be subject to the civil penalty provision of this Section.
If the party who has violated or failed to comply with this Act or an order, decision, rule, regulation, direction, or requirement of the Commission, or any part or provision thereof, fails to seek timely review pursuant to Sections 10-113 and 10-201 of this Act, the party shall, upon expiration of the statutory time limit, be subject to the 10400HB0862sam002 -91- LRB104 04759 JDS 38579 a civil penalty provision of this Section.
7-1-17.) HB0862 Enrolled - 91 - LRB104 04759 SPS 14786 b (220 ILCS 5/13-502.5) (Section scheduled to be repealed on January 1, 2030) Sec.
7-1-17.) (220 ILCS 5/13-502.5) (Section scheduled to be repealed on January 1, 2030) Sec.
(b) All retail telecommunications services provided to business end users by any telecommunications carrier subject, as of May 1, 2001, to alternative regulation under an alternative regulation plan pursuant to Section 13-506.1 of this Act shall be classified as competitive as of June 30, 2001 (the effective date of Public Act 92-22) this amendatory Act of the 92nd General Assembly without further Commission review.
(b) All retail telecommunications services provided to business end users by any telecommunications carrier subject, as of May 1, 2001, to alternative regulation under an alternative regulation plan pursuant to Section 13-506.1 of this Act shall be classified as competitive as of June 30, 2001 (the effective date of Public Act 92-22) this amendatory Act of the 92nd General Assembly without further Commission 10400HB0862sam002 -92- LRB104 04759 JDS 38579 a review.
provided, however, that nothing in this Section shall be HB0862 Enrolled - 92 - LRB104 04759 SPS 14786 b construed to prohibit reduction of those rates.
provided, however, that nothing in this Section shall be construed to prohibit reduction of those rates.
(d) Any action or proceeding before the Commission on June 30, 2001 ( upon the effective date of Public Act 92-22) this amendatory Act of the 92nd General Assembly, in which it is alleged that a telecommunications carrier has improperly classified services as competitive, other than a case pertaining to Section 13-506.1, shall be abated and the services the classification of which is at issue shall be deemed either competitive or noncompetitive as set forth in this Section.
(d) Any action or proceeding before the Commission on June 30, 2001 ( upon the effective date of Public Act 92-22) this amendatory Act of the 92nd General Assembly, in which it is alleged that a telecommunications carrier has improperly classified services as competitive, other than a case 10400HB0862sam002 -93- LRB104 04759 JDS 38579 a pertaining to Section 13-506.1, shall be abated and the services the classification of which is at issue shall be deemed either competitive or noncompetitive as set forth in this Section.
Any telecommunications carrier subject to an action or proceeding in which it is alleged that the telecommunications carrier has improperly classified services as competitive shall be deemed liable to refund, and shall HB0862 Enrolled - 93 - LRB104 04759 SPS 14786 b refund, the sum of $90,000,000 to that class or those classes of its customers that were alleged to have paid rates in excess of noncompetitive rates as the result of the alleged improper classification.
Any telecommunications carrier subject to an action or proceeding in which it is alleged that the telecommunications carrier has improperly classified services as competitive shall be deemed liable to refund, and shall refund, the sum of $90,000,000 to that class or those classes of its customers that were alleged to have paid rates in excess of noncompetitive rates as the result of the alleged improper classification.
The telecommunications carrier shall have no further accounting for these payments, which shall be used for the purposes established in the Eliminate the Digital Divide Law.
The telecommunications carrier shall have no further accounting 10400HB0862sam002 -94- LRB104 04759 JDS 38579 a for these payments, which shall be used for the purposes established in the Eliminate the Digital Divide Law.
7-1-17.) (220 ILCS 5/21-1101) HB0862 Enrolled - 94 - LRB104 04759 SPS 14786 b (Section scheduled to be repealed on January 1, 2030) Sec.
7-1-17.) (220 ILCS 5/21-1101) (Section scheduled to be repealed on January 1, 2030) Sec.
provided that the holder of a State-issued authorization is not required to meet the 50% requirement in this paragraph (1) until 2 years after at least 15% of the households with access to the holder's video service subscribe to the service for 6 consecutive months.
provided that 10400HB0862sam002 -95- LRB104 04759 JDS 38579 a the holder of a State-issued authorization is not required to meet the 50% requirement in this paragraph (1) until 2 years after at least 15% of the households with access to the holder's video service subscribe to the service for 6 consecutive months.
The holder's obligation to provide such access in the State shall be distributed, as the holder determines, within 3 HB0862 Enrolled - 95 - LRB104 04759 SPS 14786 b designated market areas, one in each of the northeastern, central, and southwestern portions of the holder's telecommunications service area in the State.
The holder's obligation to provide such access in the State shall be distributed, as the holder determines, within 3 designated market areas, one in each of the northeastern, central, and southwestern portions of the holder's telecommunications service area in the State.
Furthermore, if any state, in which a holder subject to this subsection (c) or one of its affiliates provides or seeks to provide cable or video service, adopts a law requiring a holder of a state-issued authorization or statewide franchises to offer cable or video service to more than 35% of its households if less than 15% of the households with access to the holder's video service subscribe to the service for 6 consecutive months, then as a precondition to further HB0862 Enrolled - 96 - LRB104 04759 SPS 14786 b build-out, holders subject to this subsection (c) shall be subject to the same percentage of service subscription in meeting its obligation to provide service to 50% of the households in this State.
Furthermore, if any state, in which a holder subject to 10400HB0862sam002 -96- LRB104 04759 JDS 38579 a this subsection (c) or one of its affiliates provides or seeks to provide cable or video service, adopts a law requiring a holder of a state-issued authorization or statewide franchises to offer cable or video service to more than 35% of its households if less than 15% of the households with access to the holder's video service subscribe to the service for 6 consecutive months, then as a precondition to further build-out, holders subject to this subsection (c) shall be subject to the same percentage of service subscription in meeting its obligation to provide service to 50% of the households in this State.
however, in addition to the statewide obligation to provide low-income access provided by this Section, in each exchange in which the holder chooses to provide cable or video service, the holder shall provide access to a percentage of low-income households that is at least equal to the percentage of the total low-income households within that exchange.
however, in addition to the statewide obligation to provide low-income access provided by this Section, in each exchange in which the holder chooses to provide cable or video service, the holder shall provide access to a percentage of low-income households that is at 10400HB0862sam002 -97- LRB104 04759 JDS 38579 a least equal to the percentage of the total low-income households within that exchange.
(d)(1) All other holders shall only provide access to one or more exchanges, as that term is defined in Section 13-206 of this Act, or to local units of government and shall provide access to their cable or video service to a number of households equal to 35% of the households in the exchange or HB0862 Enrolled - 97 - LRB104 04759 SPS 14786 b local unit of government within 3 years after the date a holder receives a State-issued authorization from the Commission and to a number not less than 50% of these households within 5 years after the date a holder receives a State-issued authorization from the Commission, provided that if the holder is an incumbent cable operator or any successor-in-interest company, it shall be obligated to provide access to cable or video services within the jurisdiction of a local unit of government at the same levels required by the local franchising authorities for that local unit of government on June 30, 2007 (the effective date of Public Act 95-9).
(d)(1) All other holders shall only provide access to one or more exchanges, as that term is defined in Section 13-206 of this Act, or to local units of government and shall provide access to their cable or video service to a number of households equal to 35% of the households in the exchange or local unit of government within 3 years after the date a holder receives a State-issued authorization from the Commission and to a number not less than 50% of these households within 5 years after the date a holder receives a State-issued authorization from the Commission, provided that if the holder is an incumbent cable operator or any successor-in-interest company, it shall be obligated to provide access to cable or video services within the jurisdiction of a local unit of government at the same levels required by the local franchising authorities for that local unit of government on June 30, 2007 (the effective date of Public Act 95-9).
Within each designated exchange, as that term is defined in Section 13-206 of this Act, or local unit of government listed in paragraph (1) of this subsection (d), the holder's obligation to offer service to low-income households shall be measured by each exchange or local unit of government in which the holder chooses to provide cable or video service.
Within each designated exchange, as that term is defined in Section 13-206 of this Act, or local unit of government listed in paragraph (1) of this subsection (d), the holder's obligation to offer service to low-income households shall be 10400HB0862sam002 -98- LRB104 04759 JDS 38579 a measured by each exchange or local unit of government in which the holder chooses to provide cable or video service.
however, in addition to the statewide obligation to provide low-income access provided by this Section, in each exchange or local HB0862 Enrolled - 98 - LRB104 04759 SPS 14786 b unit of government in which the holder chooses to provide cable or video service, the holder shall provide access to a percentage of low-income households that is at least equal to the percentage of the total low-income households within that exchange or local unit of government.
however, in addition to the statewide obligation to provide low-income access provided by this Section, in each exchange or local unit of government in which the holder chooses to provide cable or video service, the holder shall provide access to a percentage of low-income households that is at least equal to the percentage of the total low-income households within that exchange or local unit of government.
In that event the holder is required to make a payment pursuant to this subsection (e), the holder shall have no further accounting for this payment, which shall be used in any part of the State for the purposes established in the Digital Divide Elimination Infrastructure Fund or for broadband deployment.
In that event the holder is required to make a payment pursuant to this subsection (e), the holder shall have no further accounting for this payment, which shall be used in 10400HB0862sam002 -99- LRB104 04759 JDS 38579 a any part of the State for the purposes established in the Digital Divide Elimination Infrastructure Fund or for broadband deployment.
(f) The holder of a State-issued authorization may satisfy the requirements of subsections (c) and (d) of this Section through the use of any technology, which shall not include direct-to-home satellite service, that offers service, HB0862 Enrolled - 99 - LRB104 04759 SPS 14786 b functionality, and content that is demonstrably similar to that provided through the holder's video service system.
(f) The holder of a State-issued authorization may satisfy the requirements of subsections (c) and (d) of this Section through the use of any technology, which shall not include direct-to-home satellite service, that offers service, functionality, and content that is demonstrably similar to that provided through the holder's video service system.
(h) If the holder relies on the factors identified in subsection (g) of this Section in response to an investigation or complaint, the holder shall demonstrate the following:
10400HB0862sam002 -100- LRB104 04759 JDS 38579 a (h) If the holder relies on the factors identified in subsection (g) of this Section in response to an investigation or complaint, the holder shall demonstrate the following:
(2) which portions of subsection (g) of this Section HB0862 Enrolled - 100 - LRB104 04759 SPS 14786 b apply;
(2) which portions of subsection (g) of this Section apply;
(A) The number of households in the holder's telecommunications service area within each designated market area as described in subsection (c) of this Section or exchange or local unit of government as described in subsection (d) of this Section in which it offers video service.
(A) The number of households in the holder's telecommunications service area within each designated market area as described in subsection (c) of this Section or exchange or local unit of government as 10400HB0862sam002 -101- LRB104 04759 JDS 38579 a described in subsection (d) of this Section in which it offers video service.
(B) The number of households in the holder's telecommunications service area within each designated market area as described in subsection (c) of this Section or exchange or local unit of government as described in subsection (d) of this Section that are HB0862 Enrolled - 101 - LRB104 04759 SPS 14786 b offered access to video service by the holder.
(B) The number of households in the holder's telecommunications service area within each designated market area as described in subsection (c) of this Section or exchange or local unit of government as described in subsection (d) of this Section that are offered access to video service by the holder.
(B) The number of low-income households in the holder's telecommunications service area within each designated market area as described in subsection (c) of this Section, as further identified in terms of exchanges, or exchange or local unit of government as described in subsection (d) of this Section in the State that are offered access to video service by the holder.
(B) The number of low-income households in the holder's telecommunications service area within each designated market area as described in subsection (c) of this Section, as further identified in terms of exchanges, or exchange or local unit of government as 10400HB0862sam002 -102- LRB104 04759 JDS 38579 a described in subsection (d) of this Section in the State that are offered access to video service by the holder.
(D) The number of low-income households in the holder's telecommunications service area in the State HB0862 Enrolled - 102 - LRB104 04759 SPS 14786 b that are offered access to video service by the holder.
(D) The number of low-income households in the holder's telecommunications service area in the State that are offered access to video service by the holder.
(A) The number of households in the holder's telecommunications service area within each designated market area in which it offers cable service or video service.
(A) The number of households in the holder's 10400HB0862sam002 -103- LRB104 04759 JDS 38579 a telecommunications service area within each designated market area in which it offers cable service or video service.
HB0862 Enrolled - 103 - LRB104 04759 SPS 14786 b (C) The number of households in the holder's telecommunications service area in the State.
(C) The number of households in the holder's telecommunications service area in the State.
(C) The number of low-income households in the holder's telecommunications service area in the State.
(C) The number of low-income households in the 10400HB0862sam002 -104- LRB104 04759 JDS 38579 a holder's telecommunications service area in the State.
(j-10) The requirements of subsection (d) of this Section shall be satisfied upon the filing of an annual report with the HB0862 Enrolled - 104 - LRB104 04759 SPS 14786 b Commission in compliance with subsection (j) of this Section, including an annual report filed prior to June 28, 2013 (the effective date of Public Act 98-45) this amendatory Act of the 98th General Assembly, that demonstrates the holder of the authorization has satisfied the requirements of subsection (d) of this Section for each of the service areas in which it provides access to its cable service or video service in the State.
(j-10) The requirements of subsection (d) of this Section shall be satisfied upon the filing of an annual report with the Commission in compliance with subsection (j) of this Section, including an annual report filed prior to June 28, 2013 (the effective date of Public Act 98-45) this amendatory Act of the 98th General Assembly, that demonstrates the holder of the authorization has satisfied the requirements of subsection (d) of this Section for each of the service areas in which it provides access to its cable service or video service in the State.
(C) The exchanges or local units of government in which the holder added cable service or video service in the prior year.
10400HB0862sam002 -105- LRB104 04759 JDS 38579 a (C) The exchanges or local units of government in which the holder added cable service or video service in the prior year.
HB0862 Enrolled - 105 - LRB104 04759 SPS 14786 b (B) The number of low-income households in the holder's footprint that are offered access to cable service or video service by the holder.
(B) The number of low-income households in the holder's footprint that are offered access to cable service or video service by the holder.
The Acupuncture Practice Act is amended by changing Section 135 as follows:
The Acupuncture Practice Act is amended by 10400HB0862sam002 -106- LRB104 04759 JDS 38579 a changing Section 135 as follows:
Whoever knowingly practices or offers to practice acupuncture in this State without being licensed for that purpose shall be guilty of a Class A HB0862 Enrolled - 106 - LRB104 04759 SPS 14786 b misdemeanor and for each subsequent conviction shall be guilty of a Class 4 felony.
Whoever knowingly practices or offers to practice acupuncture in this State without being licensed for that purpose shall be guilty of a Class A misdemeanor and for each subsequent conviction shall be guilty of a Class 4 felony.
Any person who practices or offers to practice dentistry in this State without being licensed for that purpose, or whose license has been suspended or revoked or is inactive or non-renewed, or who violates any of the provisions of this Act, for which no specific penalty has been provided herein, is guilty of a Class A misdemeanor.
Any person who practices or offers to 10400HB0862sam002 -107- LRB104 04759 JDS 38579 a practice dentistry in this State without being licensed for that purpose, or whose license has been suspended or revoked or is inactive or non-renewed, or who violates any of the provisions of this Act, for which no specific penalty has been provided herein, is guilty of a Class A misdemeanor.
Any person who has been previously convicted under any of the provisions of this Act and who subsequently violates any HB0862 Enrolled - 107 - LRB104 04759 SPS 14786 b of the provisions of this Act is guilty of a Class 4 felony.
Any person who has been previously convicted under any of the provisions of this Act and who subsequently violates any of the provisions of this Act is guilty of a Class 4 felony.
85-4.) Section 5-130.
85-4.) 10400HB0862sam002 -108- LRB104 04759 JDS 38579 a Section 5-130.
Whoever knowingly practices or offers to practice naprapathy in this State without being HB0862 Enrolled - 108 - LRB104 04759 SPS 14786 b licensed for that purpose shall be guilty of a Class A misdemeanor and for each subsequent conviction shall be guilty of a Class 4 felony.
Whoever knowingly practices or offers to practice naprapathy in this State without being licensed for that purpose shall be guilty of a Class A misdemeanor and for each subsequent conviction shall be guilty of a Class 4 felony.
(a) If any person violates the provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, or the State's Attorney of any county in which the action is brought, petition for an order enjoining such violation or for an order enforcing compliance with this Act.
10400HB0862sam002 -109- LRB104 04759 JDS 38579 a (a) If any person violates the provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, or the State's Attorney of any county in which the action is brought, petition for an order enjoining such violation or for an order enforcing compliance with this Act.
Upon the filing of a petition in court, the court may issue a HB0862 Enrolled - 109 - LRB104 04759 SPS 14786 b temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the court may punish the offender for contempt of court.
Upon the filing of a petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the court may punish the offender for contempt of court.
All criminal fines, moneys monies, or other property collected or received by the Department under this Section or any other State or federal statute, including, but not limited to, property forfeited to the Department under Section 505 of the Illinois Controlled Substances Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited into the General Professions Dedicated Professional Regulation Evidence Fund.
All criminal fines, moneys monies, or other property collected or received by the Department under this Section or any other State or 10400HB0862sam002 -110- LRB104 04759 JDS 38579 a federal statute, including, but not limited to, property forfeited to the Department under Section 505 of the Illinois Controlled Substances Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited into the General Professions Dedicated Professional Regulation Evidence Fund.
(c) Whenever in the opinion of the Department any person HB0862 Enrolled - 110 - LRB104 04759 SPS 14786 b violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him.
(c) Whenever in the opinion of the Department any person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him.
All criminal fines, moneys monies, or other property collected or received by the Department under this Section or any other State or federal statute, including, but not limited to, property forfeited to the Department under Section 505 of the Illinois Controlled Substances Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited into the General Professions Dedicated Professional Regulation Evidence Fund.
All criminal fines, moneys monies, or other property collected or received by the Department under this 10400HB0862sam002 -111- LRB104 04759 JDS 38579 a Section or any other State or federal statute, including, but not limited to, property forfeited to the Department under Section 505 of the Illinois Controlled Substances Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited into the General Professions Dedicated Professional Regulation Evidence Fund.
The Board, with the advice of the Secretary and attorneys HB0862 Enrolled - 111 - LRB104 04759 SPS 14786 b for the Department, may establish by rule a schedule of fines payable by those who have violated any provisions of this Act.
The Board, with the advice of the Secretary and attorneys for the Department, may establish by rule a schedule of fines payable by those who have violated any provisions of this Act.
All criminal fines, moneys monies, or other property collected or received by the Department under this Section or any other State or federal statute, including, but not limited to, property forfeited to the Department under Section 505 of the Illinois Controlled Substances Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited into the General Professions Dedicated Professional Regulation Evidence Fund.
All criminal fines, moneys monies, or other property collected or received by the Department under this Section or any other 10400HB0862sam002 -112- LRB104 04759 JDS 38579 a State or federal statute, including, but not limited to, property forfeited to the Department under Section 505 of the Illinois Controlled Substances Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited into the General Professions Dedicated Professional Regulation Evidence Fund.
12-31-13.) HB0862 Enrolled - 112 - LRB104 04759 SPS 14786 b (225 ILCS 115/25.18) (Section scheduled to be repealed on January 1, 2029) Sec.
12-31-13.) (225 ILCS 115/25.18) (Section scheduled to be repealed on January 1, 2029) Sec.
The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from 10400HB0862sam002 -113- LRB104 04759 JDS 38579 a any court of record.
The Wholesale Drug Distribution Licensing HB0862 Enrolled - 113 - LRB104 04759 SPS 14786 b Act is amended by changing Section 170 as follows:
The Wholesale Drug Distribution Licensing Act is amended by changing Section 170 as follows:
The Illinois Food, Drug and Cosmetic Act is amended by changing Section 22.4 as follows:
The Illinois Food, Drug and Cosmetic Act is 10400HB0862sam002 -114- LRB104 04759 JDS 38579 a amended by changing Section 22.4 as follows:
All subscription, fine, and permit fees, certificate fees, and other moneys collected by the HB0862 Enrolled - 114 - LRB104 04759 SPS 14786 b Department of Public Health under this Act and, beginning July 1, 2027, the Safe Bottled Water Act shall be deposited into the Fund.
All subscription, fine, and permit fees, certificate fees, and other moneys collected by the Department of Public Health under this Act and, beginning July 1, 2027, the Safe Bottled Water Act shall be deposited into the Fund.
Moneys in the fund shall be used by the Department, upon appropriation, for the purpose of administering this Act.
Moneys in the fund shall be used by 10400HB0862sam002 -115- LRB104 04759 JDS 38579 a the Department, upon appropriation, for the purpose of administering this Act.
Notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on July 1, 2027 or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Safe Bottled Water Fund into the HB0862 Enrolled - 115 - LRB104 04759 SPS 14786 b Food and Drug Safety Fund.
Notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on July 1, 2027 or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Safe Bottled Water Fund into the Food and Drug Safety Fund.
(a) Except as otherwise provided in this Section, for sport fishing devices as defined in Section 10-95 or spearing devices as defined in Section 10-110, the fee is $14.50 for individuals 16 to 64 years old, one-half of the current fishing license fee for individuals age 65 or older, and, commencing with the 2012 license year, one-half of the current fishing license fee for resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces.
(a) Except as otherwise provided in this Section, for sport fishing devices as defined in Section 10-95 or spearing devices as defined in Section 10-110, the fee is $14.50 for individuals 16 to 64 years old, one-half of the current fishing license fee for individuals age 65 or older, and, commencing with the 2012 license year, 10400HB0862sam002 -116- LRB104 04759 JDS 38579 a one-half of the current fishing license fee for resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces.
Veterans must provide to the Department acceptable verification of their HB0862 Enrolled - 116 - LRB104 04759 SPS 14786 b service.
Veterans must provide to the Department acceptable verification of their service.
The Department shall establish what constitutes suitable verification of service for the purpose of issuing 3-year fishing licenses to resident veterans at a reduced fee.
The Department shall establish what constitutes suitable verification of service for the purpose of issuing 3-year fishing licenses to resident veterans at a 10400HB0862sam002 -117- LRB104 04759 JDS 38579 a reduced fee.
(b) All residents before using any commercial fishing device shall obtain a commercial fishing license, the fee for which shall be $60, and a resident fishing license, HB0862 Enrolled - 117 - LRB104 04759 SPS 14786 b the fee for which is $14.50.
(b) All residents before using any commercial fishing device shall obtain a commercial fishing license, the fee for which shall be $60, and a resident fishing license, the fee for which is $14.50.
(c) Residents of this State may obtain a sportsmen's combination license that shall entitle the holder to the same non-commercial fishing privileges as residents holding a license as described in subsection (a) of this Section and to the same hunting privileges as residents holding a license to hunt all species as described in Section 3.1 of the Wildlife Code.
(c) Residents of this State may obtain a sportsmen's 10400HB0862sam002 -118- LRB104 04759 JDS 38579 a combination license that shall entitle the holder to the same non-commercial fishing privileges as residents holding a license as described in subsection (a) of this Section and to the same hunting privileges as residents holding a license to hunt all species as described in Section 3.1 of the Wildlife Code.
No sportsmen's combination license shall be issued to any individual who HB0862 Enrolled - 118 - LRB104 04759 SPS 14786 b would be ineligible for either the fishing or hunting license separately.
No sportsmen's combination license shall be issued to any individual who would be ineligible for either the fishing or hunting license separately.
(c-5) Residents of this State may obtain a 3-year sportsmen's combination license that shall entitle the holder to the same non-commercial fishing privileges as residents holding a license as described in subsection (a-3) and to the same hunting privileges as residents holding a license to hunt all species as described in Section 3.1 of the Wildlife Code.
(c-5) Residents of this State may obtain a 3-year 10400HB0862sam002 -119- LRB104 04759 JDS 38579 a sportsmen's combination license that shall entitle the holder to the same non-commercial fishing privileges as residents holding a license as described in subsection (a-3) and to the same hunting privileges as residents holding a license to hunt all species as described in Section 3.1 of the Wildlife Code.
A 3-year sportsmen's combination license shall not be issued to any individual HB0862 Enrolled - 119 - LRB104 04759 SPS 14786 b who would be ineligible for either the fishing or hunting license separately.
A 3-year sportsmen's combination license shall not be issued to any individual who would be ineligible for either the fishing or hunting license separately.
This license does not exempt the licensee from the requirement for a salmon or inland trout stamp.
This license does not exempt the licensee from the requirement for a salmon 10400HB0862sam002 -120- LRB104 04759 JDS 38579 a or inland trout stamp.
HB0862 Enrolled - 120 - LRB104 04759 SPS 14786 b (f) Residents of this State, upon establishing residency as required by the Department, may obtain a lifetime hunting or fishing license or lifetime sportsmen's combination license which shall entitle the holder to the same non-commercial fishing privileges as residents holding a license as described in subsection paragraph (a) of this Section and to the same hunting privileges as residents holding a license to hunt all species as described in Section 3.1 of the Wildlife Code.
(f) Residents of this State, upon establishing residency as required by the Department, may obtain a lifetime hunting or fishing license or lifetime sportsmen's combination license which shall entitle the holder to the same non-commercial fishing privileges as residents holding a license as described in subsection paragraph (a) of this Section and to the same hunting privileges as residents holding a license to hunt all species as described in Section 3.1 of the Wildlife Code.
30 x the current hunting license fee.
30 x the current hunting 10400HB0862sam002 -121- LRB104 04759 JDS 38579 a license fee.
The Department may establish rules and regulations for the issuance and use of lifetime licenses and may suspend or revoke any lifetime HB0862 Enrolled - 121 - LRB104 04759 SPS 14786 b license issued under this Section for violations of those rules or regulations or other provisions under this Code or the Wildlife Code, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any fish or aquatic life protected by this Code or the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any fauna protected by the Wildlife Code when any part of the United States Code violation occurred in Illinois.
The Department may establish rules and regulations for the issuance and use of lifetime licenses and may suspend or revoke any lifetime license issued under this Section for violations of those rules or regulations or other provisions under this Code or the Wildlife Code, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any fish or aquatic life protected by this Code or the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any fauna protected by the Wildlife Code when any part of the United States Code violation occurred in Illinois.
All fees received from the issuance of lifetime licenses shall be deposited into in the Wildlife and Fish and Wildlife Endowment Fund.
All fees received from the issuance 10400HB0862sam002 -122- LRB104 04759 JDS 38579 a of lifetime licenses shall be deposited into in the Wildlife and Fish and Wildlife Endowment Fund.
Except for licenses issued under subsection (e) of this Section, all licenses provided for in this Section shall expire on March 31 of each year, except that the license provided for in subsection (d) of this Section shall expire 24 hours after the effective date and time listed on the face of HB0862 Enrolled - 122 - LRB104 04759 SPS 14786 b the license.
Except for licenses issued under subsection (e) of this Section, all licenses provided for in this Section shall expire on March 31 of each year, except that the license provided for in subsection (d) of this Section shall expire 24 hours after the effective date and time listed on the face of the license.
(i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad.
(i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a 10400HB0862sam002 -123- LRB104 04759 JDS 38579 a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad.
HB0862 Enrolled - 123 - LRB104 04759 SPS 14786 b For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States.
For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States.
At the request of the qualified relative, a separate panel bearing the words "In Memory of (victim's name)", followed by the date of the crash that was the proximate cause of the loss of the victim's life, shall be mounted below the primary panel.
At the request of the qualified relative, a separate panel bearing 10400HB0862sam002 -124- LRB104 04759 JDS 38579 a the words "In Memory of (victim's name)", followed by the date of the crash that was the proximate cause of the loss of the victim's life, shall be mounted below the primary panel.
(b) A DUI memorial marker may memorialize more than one HB0862 Enrolled - 124 - LRB104 04759 SPS 14786 b victim who died as a result of the same DUI-related crash.
(b) A DUI memorial marker may memorialize more than one victim who died as a result of the same DUI-related crash.
(f) A fee in an amount to be determined by the supporting jurisdiction may be paid in whole or in part from the Roadside Memorial Fund if moneys are made available by the Department of Transportation from that Fund or may be charged to the qualified relative to the extent moneys from that Fund are not made available.
10400HB0862sam002 -125- LRB104 04759 JDS 38579 a (f) A fee in an amount to be determined by the supporting jurisdiction may be paid in whole or in part from the Roadside Memorial Fund if moneys are made available by the Department of Transportation from that Fund or may be charged to the qualified relative to the extent moneys from that Fund are not made available.
The fee shall not exceed the costs associated with the fabrication, installation, and maintenance of the DUI HB0862 Enrolled - 125 - LRB104 04759 SPS 14786 b memorial marker.
The fee shall not exceed the costs associated with the fabrication, installation, and maintenance of the DUI memorial marker.
The Aeronautics Fund shall be used, subject to appropriations made from time to time, only for such purposes as may be specified under the laws, if any, of the United States, heretofore or hereafter enacted or amended, providing for federal aid in the establishment of public airports, and otherwise only for the regulation and supervision of aeronautics in this State, and the administration and enforcement of the laws of this State pertaining to aeronautics.
The Aeronautics Fund shall be used, subject to appropriations made from time to time, only for such purposes as may be specified under the laws, if any, of the United States, heretofore or 10400HB0862sam002 -126- LRB104 04759 JDS 38579 a hereafter enacted or amended, providing for federal aid in the establishment of public airports, and otherwise only for the regulation and supervision of aeronautics in this State, and the administration and enforcement of the laws of this State pertaining to aeronautics.
Beginning in State fiscal year 2028, subject to appropriation, the Aeronautics Fund may also be used for equipment, personnel, operational expenses and HB0862 Enrolled - 126 - LRB104 04759 SPS 14786 b such other expenses incident to providing air transportation for officers, departments or agencies of the State government.
Beginning in State fiscal year 2028, subject to appropriation, the Aeronautics Fund may also be used for equipment, personnel, operational expenses and such other expenses incident to providing air transportation for officers, departments or agencies of the State government.
Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code.
Plates issued under this 10400HB0862sam002 -127- LRB104 04759 JDS 38579 a Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code.
The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates HB0862 Enrolled - 127 - LRB104 04759 SPS 14786 b in accordance with Section 3-405.1 of this Code.
The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
To finance the Cycle Rider Safety Training program and to pay the costs thereof, the Secretary of State shall will hereafter deposit amounts with the State Treasurer an amount equal to each annual fee and each reduced fee, for the registration of each motorcycle, motor driven cycle and moped processed by the Office of the Secretary of State during the preceding quarter as required in subsection (d) of Section 2-119 of the Illinois Vehicle Code and subsection (c) of HB0862 Enrolled - 128 - LRB104 04759 SPS 14786 b Section 6-118 of the Illinois Vehicle Code into, which amount the State Comptroller shall transfer quarterly to a trust fund outside of the State treasury to be known as the Cycle Rider Safety Training Fund, which is hereby created.
To finance the Cycle Rider Safety Training program 10400HB0862sam002 -128- LRB104 04759 JDS 38579 a and to pay the costs thereof, the Secretary of State shall will hereafter deposit amounts with the State Treasurer an amount equal to each annual fee and each reduced fee, for the registration of each motorcycle, motor driven cycle and moped processed by the Office of the Secretary of State during the preceding quarter as required in subsection (d) of Section 2-119 of the Illinois Vehicle Code and subsection (c) of Section 6-118 of the Illinois Vehicle Code into, which amount the State Comptroller shall transfer quarterly to a trust fund outside of the State treasury to be known as the Cycle Rider Safety Training Fund, which is hereby created.
(Source:
10400HB0862sam002 -129- LRB104 04759 JDS 38579 a (Source:
transfer of HB0862 Enrolled - 129 - LRB104 04759 SPS 14786 b funds.
transfer of funds.
On the effective date of the changes made to this Section by this amendatory Act of the 104th General Assembly or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Roadside Memorial Fund into the DUI Prevention and Education Fund.
On the effective date of the changes made to this Section by this amendatory Act of the 104th 10400HB0862sam002 -130- LRB104 04759 JDS 38579 a General Assembly or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Roadside Memorial Fund into the DUI Prevention and Education Fund.
Upon completion of the transfer, the Roadside Memorial Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the DUI HB0862 Enrolled - 130 - LRB104 04759 SPS 14786 b Prevention and Education Fund.
Upon completion of the transfer, the Roadside Memorial Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the DUI Prevention and Education Fund.
sexual exploitation of a child, criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, indecent solicitation of a child, public indecency, sexual relations within families, promoting commercial sexual exploitation of a child, soliciting for a sexually exploited child, keeping a place of commercial sexual exploitation of a child, patronizing a sexually exploited child, juvenile pimping, exploitation of a child, obscenity, child sexual abuse material, aggravated child pornography, harmful material, or ritualized abuse of a child, as those offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012.
sexual exploitation of a child, criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, indecent solicitation of a child, public indecency, sexual relations within families, promoting commercial sexual exploitation of a child, soliciting for a sexually exploited child, keeping a place of commercial sexual 10400HB0862sam002 -131- LRB104 04759 JDS 38579 a exploitation of a child, patronizing a sexually exploited child, juvenile pimping, exploitation of a child, obscenity, child sexual abuse material, aggravated child pornography, harmful material, or ritualized abuse of a child, as those offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012.
HB0862 Enrolled - 131 - LRB104 04759 SPS 14786 b (3) "Sexual assault organization" means any not-for-profit organization providing comprehensive, community-based services to victims of sexual assault.
(3) "Sexual assault organization" means any not-for-profit organization providing comprehensive, community-based services to victims of sexual assault.
revised 11-21-25.) (730 ILCS 5/5-9-1.22) Sec.
revised 11-21-25.) (730 ILCS 5/5-9-1.22) 10400HB0862sam002 -132- LRB104 04759 JDS 38579 a Sec.
A person who is convicted or receives a disposition of court supervision for a violation of Section 11-501 of the Illinois Vehicle Code shall, in addition to any other disposition, penalty, or fine imposed, pay a fee of $50 which shall be collected by the clerk of the court and then remitted to the State Treasurer for deposit into the DUI HB0862 Enrolled - 132 - LRB104 04759 SPS 14786 b Prevention and Education Fund Roadside Memorial Fund, a special fund that is created in the State treasury.
A person who is convicted or receives a disposition of court supervision for a violation of Section 11-501 of the Illinois Vehicle Code shall, in addition to any other disposition, penalty, or fine imposed, pay a fee of $50 which shall be collected by the clerk of the court and then remitted to the State Treasurer for deposit into the DUI Prevention and Education Fund Roadside Memorial Fund, a special fund that is created in the State treasury.
Section 5-205.
10400HB0862sam002 -133- LRB104 04759 JDS 38579 a Section 5-205.
This Act applies to the wages of laborers, mechanics, and other workers employed in any public works, as hereinafter defined, by any public body and to anyone under HB0862 Enrolled - 133 - LRB104 04759 SPS 14786 b contracts for public works.
This Act applies to the wages of laborers, mechanics, and other workers employed in any public works, as hereinafter defined, by any public body and to anyone under contracts for public works.
loans or other funds made available pursuant to the Riverfront Development Fund under Section 10-15 of the River Edge Redevelopment Zone Act;
loans or other funds made available pursuant to the Riverfront Development Fund under Section 10-15 of the River Edge Redevelopment Zone 10400HB0862sam002 -134- LRB104 04759 JDS 38579 a Act;
"Public HB0862 Enrolled - 134 - LRB104 04759 SPS 14786 b works" also includes all federal construction projects administered or controlled by a public body if the prevailing rate of wages is equal to or greater than the prevailing wage determination by the United States Secretary of Labor for the same locality for the same type of construction used to classify the federal construction project.
"Public works" also includes all federal construction projects administered or controlled by a public body if the prevailing rate of wages is equal to or greater than the prevailing wage determination by the United States Secretary of Labor for the same locality for the same type of construction used to classify the federal construction project.
and (iv) all transportation facilities undertaken under a design-build contract or a Construction Manager/General Contractor contract under the Innovations for Transportation Infrastructure Act.
and (iv) all transportation facilities undertaken under a design-build contract or a Construction Manager/General Contractor contract under the 10400HB0862sam002 -135- LRB104 04759 JDS 38579 a Innovations for Transportation Infrastructure Act.
"Public works" also includes the construction of a new wind power facility by a business designated as a High Impact Business under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act, the HB0862 Enrolled - 135 - LRB104 04759 SPS 14786 b construction of a new utility-scale solar power facility by a business designated as a High Impact Business under Section 5.5(a)(3)(E-5) of the Illinois Enterprise Zone Act, the construction of a new battery energy storage solution facility by a business designated as a High Impact Business under Section 5.5(a)(3)(I) of the Illinois Enterprise Zone Act, and the construction of a high voltage direct current converter station by a business designated as a High Impact Business under Section 5.5(a)(3)(J) of the Illinois Enterprise Zone Act.
"Public works" also includes the construction of a new wind power facility by a business designated as a High Impact Business under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act, the construction of a new utility-scale solar power facility by a business designated as a High Impact Business under Section 5.5(a)(3)(E-5) of the Illinois Enterprise Zone Act, the construction of a new battery energy storage solution facility by a business designated as a High Impact Business under Section 5.5(a)(3)(I) of the Illinois Enterprise Zone Act, and the construction of a high voltage direct current converter station by a business designated as a High Impact Business under Section 5.5(a)(3)(J) of the Illinois Enterprise Zone Act.
"Public works" also includes all electric transmission systems projects subject to the Electric Transmission Systems Construction Standards Act.
"Public works" also includes all 10400HB0862sam002 -136- LRB104 04759 JDS 38579 a electric transmission systems projects subject to the Electric Transmission Systems Construction Standards Act.
"Public works" also includes construction projects performed by a third party contracted by any public utility, HB0862 Enrolled - 136 - LRB104 04759 SPS 14786 b as described in subsection (a) of Section 2.1, in public rights-of-way, as defined in Section 21-201 of the Public Utilities Act, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds.
"Public works" also includes construction projects performed by a third party contracted by any public utility, as described in subsection (a) of Section 2.1, in public rights-of-way, as defined in Section 21-201 of the Public Utilities Act, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds.
"Public works" also includes all construction projects involving fixtures or permanent attachments affixed to light poles that are owned by a public body, including street light poles, traffic light poles, and other lighting fixtures, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds, unless the project is performed by employees employed directly by the public body.
"Public works" also includes all construction projects involving fixtures or permanent attachments affixed to light poles that are owned by a public body, including street light poles, traffic light poles, and other lighting fixtures, whether or not done under public supervision or direction, or paid for wholly or in part 10400HB0862sam002 -137- LRB104 04759 JDS 38579 a out of public funds, unless the project is performed by employees employed directly by the public body.
"Public works" also includes the removal, hauling, and transportation of biosolids, lime sludge, and lime residue from a water treatment plant or facility and the disposal of biosolids, HB0862 Enrolled - 137 - LRB104 04759 SPS 14786 b lime sludge, and lime residue removed from a water treatment plant or facility at a landfill.
"Public works" also includes the removal, hauling, and transportation of biosolids, lime sludge, and lime residue from a water treatment plant or facility and the disposal of biosolids, lime sludge, and lime residue removed from a water treatment plant or facility at a landfill.
"Locality" means the county where the physical work upon public works is performed, except (1) that if there is not available in the county a sufficient number of competent skilled laborers, workers and mechanics to construct the public works efficiently and properly, "locality" includes any other county nearest the one in which the work or construction is to be performed and from which such persons may be obtained in sufficient numbers to perform the work and (2) that, with respect to contracts for highway work with the Department of HB0862 Enrolled - 138 - LRB104 04759 SPS 14786 b Transportation of this State, "locality" may at the discretion of the Secretary of the Department of Transportation be construed to include two or more adjacent counties from which workers may be accessible for work on such construction.
"Locality" means the county where the physical work upon public works is performed, except (1) that if there is not 10400HB0862sam002 -138- LRB104 04759 JDS 38579 a available in the county a sufficient number of competent skilled laborers, workers and mechanics to construct the public works efficiently and properly, "locality" includes any other county nearest the one in which the work or construction is to be performed and from which such persons may be obtained in sufficient numbers to perform the work and (2) that, with respect to contracts for highway work with the Department of Transportation of this State, "locality" may at the discretion of the Secretary of the Department of Transportation be construed to include two or more adjacent counties from which workers may be accessible for work on such construction.
The terms "general prevailing rate of hourly wages", "general prevailing rate of wages" or "prevailing rate of wages" when used in this Act mean the hourly cash wages plus full journeyman annualized fringe benefits for training and apprenticeship programs registered with the Office of Apprenticeship within the U.S.
The terms "general prevailing rate of hourly wages", "general prevailing rate of wages" or "prevailing rate of wages" when used in this Act mean the hourly cash wages plus 10400HB0862sam002 -139- LRB104 04759 JDS 38579 a full journeyman annualized fringe benefits for training and apprenticeship programs registered with the Office of Apprenticeship within the U.S.
Department of Labor's Employment and Training Administration with full journeymen annualized fringe benefits for health and welfare, insurance, vacations, and pensions paid generally, in the locality in which the work is being performed, to employees engaged in HB0862 Enrolled - 139 - LRB104 04759 SPS 14786 b work of a similar character on public works.
Department of Labor's Employment and Training Administration with full journeymen annualized fringe benefits for health and welfare, insurance, vacations, and pensions paid generally, in the locality in which the work is being performed, to employees engaged in work of a similar character on public works.
The Department shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases.
The Department shall have the powers and the parties shall have the rights provided in the 10400HB0862sam002 -140- LRB104 04759 JDS 38579 a Illinois Administrative Procedure Act for contested cases.
If the Department finds cause to believe that this Act has been violated, the Department shall notify the parties in writing and the matter shall be referred HB0862 Enrolled - 140 - LRB104 04759 SPS 14786 b to an administrative law judge to schedule a formal hearing in accordance with hearing procedures established by rule.
If the Department finds cause to believe that this Act has been violated, the Department shall notify the parties in writing and the matter shall be referred to an administrative law judge to schedule a formal hearing in accordance with hearing procedures established by rule.
(c) The Attorney General may bring an action to enforce the collection of any civil penalty imposed under this Act.
(c) The Attorney General may bring an action to enforce 10400HB0862sam002 -141- LRB104 04759 JDS 38579 a the collection of any civil penalty imposed under this Act.
(820 ILCS 185/50) HB0862 Enrolled - 141 - LRB104 04759 SPS 14786 b Sec.
(820 ILCS 185/50) Sec.
(Source:
10400HB0862sam002 -142- LRB104 04759 JDS 38579 a (Source:
An employer that HB0862 Enrolled - 142 - LRB104 04759 SPS 14786 b violates this Act or any rule adopted under this Act shall be subject to a civil penalty of $2,500 for each separate offense.
An employer that violates this Act or any rule adopted under this Act shall be subject to a civil penalty of $2,500 for each separate offense.
(2) Illinois has established, as a bedrock principle of public policy, that support and protection of persons with disabilities should be unbiased and free from conflicts of interest.
10400HB0862sam002 -143- LRB104 04759 JDS 38579 a (2) Illinois has established, as a bedrock principle of public policy, that support and protection of persons with disabilities should be unbiased and free from conflicts of interest.
(3) Fifty years ago, the Governor's Commission for Revision of the Mental Health Code of Illinois released its report recommending revisions to the civil and criminal laws HB0862 Enrolled - 143 - LRB104 04759 SPS 14786 b that advance the rights and interests of persons with disabilities.
(3) Fifty years ago, the Governor's Commission for Revision of the Mental Health Code of Illinois released its report recommending revisions to the civil and criminal laws that advance the rights and interests of persons with disabilities.
(6) Today, the Guardianship and Advocacy Commission provides critical services to some of the most vulnerable residents of this State in accordance with statutory mandates that are unmatched by any other single agency in the United States, including:
(6) Today, the Guardianship and Advocacy Commission 10400HB0862sam002 -144- LRB104 04759 JDS 38579 a provides critical services to some of the most vulnerable residents of this State in accordance with statutory mandates that are unmatched by any other single agency in the United States, including:
HB0862 Enrolled - 144 - LRB104 04759 SPS 14786 b (B) providing constitutionally mandated, direct legal representation in more than 7,000 involuntary mental health and developmental disability proceedings annually;
(B) providing constitutionally mandated, direct legal representation in more than 7,000 involuntary mental health and developmental disability proceedings annually;
It is the purpose of this Act to support the modernization of the Guardianship and Advocacy Commission by establishing the Department of Disability Advocacy and Guardianship as the successor agency to the Guardianship and Advocacy Commission.
It is the purpose of this Act to support the modernization of the Guardianship and Advocacy Commission by establishing the Department of Disability 10400HB0862sam002 -145- LRB104 04759 JDS 38579 a Advocacy and Guardianship as the successor agency to the Guardianship and Advocacy Commission.
The Department of Disability Advocacy and Guardianship will maintain and strengthen this State's commitment to protecting and advancing the rights of persons with disabilities by retaining the core statutory duties, authorities, and functions assigned to the Guardianship and Advocacy Commission while adopting a HB0862 Enrolled - 145 - LRB104 04759 SPS 14786 b governance structure that balances direct accountability with the independence necessary for effective advocacy.
The Department of Disability Advocacy and Guardianship will maintain and strengthen this State's commitment to protecting and advancing the rights of persons with disabilities by retaining the core statutory duties, authorities, and functions assigned to the Guardianship and Advocacy Commission while adopting a governance structure that balances direct accountability with the independence necessary for effective advocacy.
respond to significant challenges in need of direct intervention to change, resolve or reverse behaviors, conditions, or both.
respond to significant 10400HB0862sam002 -146- LRB104 04759 JDS 38579 a challenges in need of direct intervention to change, resolve or reverse behaviors, conditions, or both.
HB0862 Enrolled - 146 - LRB104 04759 SPS 14786 b "Youth developmental goals" are defined as the outcomes of stable, safe, healthy, educated, employable, and connected, which align with the following Budgeting for Results goals:
"Youth developmental goals" are defined as the outcomes of stable, safe, healthy, educated, employable, and connected, which align with the following Budgeting for Results goals:
The fiscal scan, under the direction of the Commission, shall be used to advise the Governor and General Assembly, as well as State agencies, on ways to improve and expand existing policies, services, programs, and opportunities for adolescents.
The fiscal scan, under the direction of the Commission, shall be used to advise the Governor and 10400HB0862sam002 -147- LRB104 04759 JDS 38579 a General Assembly, as well as State agencies, on ways to improve and expand existing policies, services, programs, and opportunities for adolescents.
For fiscal year 2019 and each fiscal year thereafter, the Commission established under this Section, shall complete an analysis of enacted State budget items which HB0862 Enrolled - 147 - LRB104 04759 SPS 14786 b directly impact adolescents.
For fiscal year 2019 and each fiscal year thereafter, the Commission established under this Section, shall complete an analysis of enacted State budget items which directly impact adolescents.
(c) The Commission shall collaborate with State agencies, including the Illinois State Board of Education, the Department of Human Services, the Department of Children and Family Services, the Department of Commerce and Economic Opportunity, the Illinois Student Assistance Commission, the Department of Healthcare and Family Services, the Department of Public Health, the Illinois Community College Board, the Department of Juvenile Justice, the Illinois Criminal Justice Information Authority, the Department of Military Affairs, the HB0862 Enrolled - 148 - LRB104 04759 SPS 14786 b Illinois Arts Council, the Department of Corrections, the Board of Higher Education, Department of Disability Advocacy and Illinois Guardianship and Advocacy Commission, Department on Aging, and others.
(c) The Commission shall collaborate with State agencies, including the Illinois State Board of Education, the 10400HB0862sam002 -148- LRB104 04759 JDS 38579 a Department of Human Services, the Department of Children and Family Services, the Department of Commerce and Economic Opportunity, the Illinois Student Assistance Commission, the Department of Healthcare and Family Services, the Department of Public Health, the Illinois Community College Board, the Department of Juvenile Justice, the Illinois Criminal Justice Information Authority, the Department of Military Affairs, the Illinois Arts Council, the Department of Corrections, the Board of Higher Education, Department of Disability Advocacy and Illinois Guardianship and Advocacy Commission, Department on Aging, and others.
(3) at least one member representing an organization that has expertise in the needs of youth who are immigrants or are children of immigrants;
(3) at least one member representing an organization that has expertise in the needs of youth who are 10400HB0862sam002 -149- LRB104 04759 JDS 38579 a immigrants or are children of immigrants;
HB0862 Enrolled - 149 - LRB104 04759 SPS 14786 b (6) at least one member representing an organization that has expertise in the needs of youth who are experiencing homelessness;
(6) at least one member representing an organization that has expertise in the needs of youth who are experiencing homelessness;
The Youth Homelessness Prevention Subcommittee Act is amended by changing Section 20 as follows:
The Youth Homelessness Prevention 10400HB0862sam002 -150- LRB104 04759 JDS 38579 a Subcommittee Act is amended by changing Section 20 as follows:
(2) The Director of the Department of Children and HB0862 Enrolled - 150 - LRB104 04759 SPS 14786 b Family Services.
(2) The Director of the Department of Children and Family Services.
1-1-20.) Section 10-15.
1-1-20.) 10400HB0862sam002 -151- LRB104 04759 JDS 38579 a Section 10-15.
The HB0862 Enrolled - 151 - LRB104 04759 SPS 14786 b Departments of State government are created as follows:
The Departments of State government are created as follows:
The Department of Juvenile Justice.
10400HB0862sam002 -152- LRB104 04759 JDS 38579 a The Department of Juvenile Justice.
HB0862 Enrolled - 152 - LRB104 04759 SPS 14786 b The Department of Transportation.
The Department of Transportation.
Director of Commerce and Economic Opportunity, for the Department of Commerce and Economic Opportunity.
10400HB0862sam002 -153- LRB104 04759 JDS 38579 a Director of Commerce and Economic Opportunity, for the Department of Commerce and Economic Opportunity.
Director of the Illinois Emergency Management Agency, HB0862 Enrolled - 153 - LRB104 04759 SPS 14786 b for the Illinois Emergency Management Agency.
Director of the Illinois Emergency Management Agency, for the Illinois Emergency Management Agency.
Director of Juvenile Justice, for the Department of Juvenile Justice.
Director of Juvenile Justice, for the Department of 10400HB0862sam002 -154- LRB104 04759 JDS 38579 a Juvenile Justice.
Director of Public Health, for the Department of HB0862 Enrolled - 154 - LRB104 04759 SPS 14786 b Public Health.
Director of Public Health, for the Department of Public Health.
(20 ILCS 5/5-348 new) Sec.
10400HB0862sam002 -155- LRB104 04759 JDS 38579 a (20 ILCS 5/5-348 new) Sec.
On each July 1 thereafter, the Director HB0862 Enrolled - 155 - LRB104 04759 SPS 14786 b shall receive an increase in salary based on a cost-of-living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly.
On each July 1 thereafter, the Director shall receive an increase in salary based on a cost-of-living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly.
"Department" means the Department of Innovation and Technology.
10400HB0862sam002 -156- LRB104 04759 JDS 38579 a "Department" means the Department of Innovation and Technology.
HB0862 Enrolled - 156 - LRB104 04759 SPS 14786 b "Information technology" shall be construed broadly to incorporate future technologies that change or supplant those in effect as of the effective date of this Act.
"Information technology" shall be construed broadly to incorporate future technologies that change or supplant those in effect as of the effective date of this Act.
the Departments of Agriculture, Central Management Services, Children and Family Services, Commerce and Economic Opportunity, Corrections, Employment Security, Financial and Professional Regulation, Healthcare and Family Services, Human Rights, Human Services, Insurance, Juvenile Justice, Labor, Lottery, Military Affairs, Natural Resources, Public Health, Revenue, Transportation, and Veterans' Affairs;
the Departments of Agriculture, Central Management Services, Children and Family Services, Commerce and Economic Opportunity, Corrections, Employment Security, Financial and Professional Regulation, Healthcare and Family Services, Human Rights, Human Services, Insurance, Juvenile Justice, Labor, Lottery, Military Affairs, Natural Resources, Public Health, 10400HB0862sam002 -157- LRB104 04759 JDS 38579 a Revenue, Transportation, and Veterans' Affairs;
the Illinois Council on HB0862 Enrolled - 157 - LRB104 04759 SPS 14786 b Developmental Disabilities;
the Illinois Council on Developmental Disabilities;
(2) Determine facility compliance with audit recommendations;
10400HB0862sam002 -158- LRB104 04759 JDS 38579 a (2) Determine facility compliance with audit recommendations;
(4) Review and follow up on complaints made by community mental health agencies and advocates, and on findings of the Division of Disability Human Rights and HB0862 Enrolled - 158 - LRB104 04759 SPS 14786 b Protections Authority division of the Department of Disability Advocacy and Guardianship and Advocacy Commission;
(4) Review and follow up on complaints made by community mental health agencies and advocates, and on findings of the Division of Disability Human Rights and Protections Authority division of the Department of Disability Advocacy and Guardianship and Advocacy Commission;
Within the Chester Mental Health Center there shall be confined the following classes of persons, whose history, in the opinion of the Department, discloses dangerous or violent tendencies and who, upon examination under the direction of the Department, have been found a fit subject for confinement in that facility:
Within the Chester Mental Health Center there shall be confined the following classes of persons, whose history, in the opinion of the Department, discloses dangerous or violent tendencies and who, upon examination under the direction of the Department, have been found a fit subject for confinement 10400HB0862sam002 -159- LRB104 04759 JDS 38579 a in that facility:
(b) Any male person who is charged with the commission of a crime but has been found unfit under Article 104 of HB0862 Enrolled - 159 - LRB104 04759 SPS 14786 b the Code of Criminal Procedure of 1963.
(b) Any male person who is charged with the commission of a crime but has been found unfit under Article 104 of the Code of Criminal Procedure of 1963.
This confinement shall not be considered seclusion as defined in the Mental Health and Developmental Disabilities Code.
This confinement shall not be considered seclusion as defined in the Mental Health and 10400HB0862sam002 -160- LRB104 04759 JDS 38579 a Developmental Disabilities Code.
Use of handcuffs is subject to the provisions of Section 2-108 of the Mental Health and HB0862 Enrolled - 160 - LRB104 04759 SPS 14786 b Developmental Disabilities Code.
Use of handcuffs is subject to the provisions of Section 2-108 of the Mental Health and Developmental Disabilities Code.
(1) history of violence, (2) history of violence during transports, (3) history of escapes and escape attempts, (4) history of trauma, (5) history of incidents of restraint or seclusion and use of involuntary medication, (6) current functioning level and medical status, and (7) prior experience during similar transports, and the length, duration, and purpose of the transport.
(1) history of violence, (2) history of violence 10400HB0862sam002 -161- LRB104 04759 JDS 38579 a during transports, (3) history of escapes and escape attempts, (4) history of trauma, (5) history of incidents of restraint or seclusion and use of involuntary medication, (6) current functioning level and medical status, and (7) prior experience during similar transports, and the length, duration, and purpose of the transport.
HB0862 Enrolled - 161 - LRB104 04759 SPS 14786 b Staff transporting the individual shall be trained in the use of the transport devices, recognizing and responding to a person in distress, and shall observe and monitor the individual while being transported.
Staff transporting the individual shall be trained in the use of the transport devices, recognizing and responding to a person in distress, and shall observe and monitor the individual while being transported.
For the purpose of this Section "transport device" means ankle cuffs, handcuffs, waist chains or wrist-waist devices designed to restrict an individual's range of motion while being transported.
For the purpose of this 10400HB0862sam002 -162- LRB104 04759 JDS 38579 a Section "transport device" means ankle cuffs, handcuffs, waist chains or wrist-waist devices designed to restrict an individual's range of motion while being transported.
These devices must be approved by the Division of Mental Health, used in accordance with the manufacturer's instructions, and used only by qualified staff members who have completed all training required to be eligible to transport patients and all HB0862 Enrolled - 162 - LRB104 04759 SPS 14786 b other required training relating to the safe use and application of transport devices, including recognizing and responding to signs of distress in an individual whose movement is being restricted by a transport device.
These devices must be approved by the Division of Mental Health, used in accordance with the manufacturer's instructions, and used only by qualified staff members who have completed all training required to be eligible to transport patients and all other required training relating to the safe use and application of transport devices, including recognizing and responding to signs of distress in an individual whose movement is being restricted by a transport device.
Subject to the provisions of this Section, the Department, except where otherwise provided by law, shall, with respect to the management, conduct and control of the Chester Mental Health Center and the discipline, custody and treatment of the persons confined therein, have and exercise the same rights and powers as are vested by law in the Department with respect to any and all of the State facilities for treatment of persons with mental illness or habilitation of persons with developmental disabilities, and the recipients thereof, and shall be subject to the same duties as are imposed by law upon the Department with respect to such facilities and the recipients thereof.
Subject to the provisions of this Section, the Department, except where otherwise provided by law, shall, with respect to the management, conduct and control of the Chester Mental Health Center and the discipline, custody and treatment of the persons confined therein, have and exercise the same rights and powers as are vested by law in the Department with respect 10400HB0862sam002 -163- LRB104 04759 JDS 38579 a to any and all of the State facilities for treatment of persons with mental illness or habilitation of persons with developmental disabilities, and the recipients thereof, and shall be subject to the same duties as are imposed by law upon the Department with respect to such facilities and the recipients thereof.
The Department may elect to place persons who have been HB0862 Enrolled - 163 - LRB104 04759 SPS 14786 b ordered by the court to be detained under the Sexually Violent Persons Commitment Act in a distinct portion of the Chester Mental Health Center.
The Department may elect to place persons who have been ordered by the court to be detained under the Sexually Violent Persons Commitment Act in a distinct portion of the Chester Mental Health Center.
The Guardianship and Advocacy Act is amended by changing the title of the Act and Sections 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33.5, 34, and 36 and by adding Section 35.5 as follows:
The Guardianship and Advocacy Act is amended by changing the title of the Act and Sections 2, 3, 4, 10400HB0862sam002 -164- LRB104 04759 JDS 38579 a 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33.5, 34, and 36 and by adding Section 35.5 as follows:
(20 ILCS 3955/Act title) An Act concerning the Department of Disability Advocacy and Guardianship, created to safeguard the rights of and HB0862 Enrolled - 164 - LRB104 04759 SPS 14786 b advocate for persons with disabilities to create the Guardianship and Advocacy Commission, to safeguard the rights and to provide legal counsel and representation for eligible persons and to create the Office of State Guardian for persons with disabilities.
(20 ILCS 3955/Act title) An Act concerning the Department of Disability Advocacy and Guardianship, created to safeguard the rights of and advocate for persons with disabilities to create the Guardianship and Advocacy Commission, to safeguard the rights and to provide legal counsel and representation for eligible persons and to create the Office of State Guardian for persons with disabilities.
(e) "Services" includes but is not limited to examination, diagnosis, evaluation, treatment, care, training, psychotherapy, pharmaceuticals, after-care, habilitation, and rehabilitation provided for an eligible person.
10400HB0862sam002 -165- LRB104 04759 JDS 38579 a (e) "Services" includes but is not limited to examination, diagnosis, evaluation, treatment, care, training, psychotherapy, pharmaceuticals, after-care, habilitation, and rehabilitation provided for an eligible person.
(f) "Person" means an individual, corporation, partnership, association, unincorporated organization, or a government or any subdivision, agency, or instrumentality HB0862 Enrolled - 165 - LRB104 04759 SPS 14786 b thereof.
(f) "Person" means an individual, corporation, partnership, association, unincorporated organization, or a government or any subdivision, agency, or instrumentality thereof.
(j) "Service provider" means any public or private facility, center, hospital, clinic, program, or any other person devoted in whole or in part to providing services to eligible persons.
10400HB0862sam002 -166- LRB104 04759 JDS 38579 a (j) "Service provider" means any public or private facility, center, hospital, clinic, program, or any other person devoted in whole or in part to providing services to eligible persons.
(l) "Ward" means a ward as defined by the Probate Act of HB0862 Enrolled - 166 - LRB104 04759 SPS 14786 b 1975, as now or hereafter amended, who is at least 18 years of age.
(l) "Ward" means a ward as defined by the Probate Act of 1975, as now or hereafter amended, who is at least 18 years of age.
(a) The Advisory Council Commission shall consist of 11 members, one of whom shall be a senior citizen age 60 or over, who shall be appointed by the Governor, with the advice and consent of the Senate, taking into account the requirements of State and federal statutes.
(a) The Advisory Council Commission shall consist of 11 members, one of whom shall be a senior citizen age 60 or over, who shall be appointed by the Governor, with the advice and consent of the Senate, taking into account the 10400HB0862sam002 -167- LRB104 04759 JDS 38579 a requirements of State and federal statutes.
All appointments shall be filed with the Secretary of State by the HB0862 Enrolled - 167 - LRB104 04759 SPS 14786 b appointing authority, with the advice and consent of the Senate.
All appointments shall be filed with the Secretary of State by the appointing authority, with the advice and consent of the Senate.
All terms shall continue until a successor is appointed 3 one year terms, 3 two year terms, and 3 three year terms, all terms to continue until a successor is appointed and qualified.
All terms shall continue until a successor is appointed 3 one year terms, 3 two year terms, and 3 three year terms, all terms to continue until 10400HB0862sam002 -168- LRB104 04759 JDS 38579 a a successor is appointed and qualified.
Vacancies in the membership are to be filled in the same manner HB0862 Enrolled - 168 - LRB104 04759 SPS 14786 b as original appointments.
Vacancies in the membership are to be filled in the same manner as original appointments.
(e) The Advisory Council shall advise and make recommendations to the Department for the development of policies and operations that will aid in carrying out the purposes of this Act.
(e) The Advisory Council shall advise and make 10400HB0862sam002 -169- LRB104 04759 JDS 38579 a recommendations to the Department for the development of policies and operations that will aid in carrying out the purposes of this Act.
(a) The Department Commission shall establish HB0862 Enrolled - 169 - LRB104 04759 SPS 14786 b throughout the State such regions as it considers appropriate to effectuate the purposes of the Division of Disability Rights and Protections Authority under this Act, taking into account the requirements of State and federal statutes;
(a) The Department Commission shall establish throughout the State such regions as it considers appropriate to effectuate the purposes of the Division of Disability Rights and Protections Authority under this Act, taking into account the requirements of State and federal statutes;
The Director Commission, acting on a request from the Director, may disapprove any action of a regional board authority, in which case the regional board authority shall cease such action.
The Director Commission, acting on a request from the Director, may disapprove any action of a regional board authority, in which case the regional board 10400HB0862sam002 -170- LRB104 04759 JDS 38579 a authority shall cease such action.
HB0862 Enrolled - 170 - LRB104 04759 SPS 14786 b (e) (Blank).
(e) (Blank).
(i) The Department Commission shall establish rules and regulations for the conduct of the work of its divisions, including rules and regulations for the Division of Legal Advocacy Service and the Division of State Guardian in evaluating an eligible person's or ward's financial resources for the purpose of determining whether the eligible person or ward has the ability to pay for legal or guardianship services received.
(i) The Department Commission shall establish rules and regulations for the conduct of the work of its divisions, including rules and regulations for the Division of Legal Advocacy Service and the Division of State Guardian in evaluating an eligible person's or ward's financial resources 10400HB0862sam002 -171- LRB104 04759 JDS 38579 a for the purpose of determining whether the eligible person or ward has the ability to pay for legal or guardianship services received.
(1) the HB0862 Enrolled - 171 - LRB104 04759 SPS 14786 b eligible person;
(1) the eligible person;
Such rules and regulations shall include, but not be limited to, client notification procedures prior to the actual termination, the scope of issues subject to appeal, and procedures specifying when a final administrative decision is made.
Such rules and regulations shall include, but not be limited to, client notification procedures prior to the actual 10400HB0862sam002 -172- LRB104 04759 JDS 38579 a termination, the scope of issues subject to appeal, and procedures specifying when a final administrative decision is made.
Private funds and HB0862 Enrolled - 172 - LRB104 04759 SPS 14786 b property may be accepted, held, maintained, administered and disposed of by the Department Commission, as trustee, for such purposes for the benefit of the People of the State of Illinois pursuant to the terms of the instrument granting the funds or property to the Department Commission.
Private funds and property may be accepted, held, maintained, administered and disposed of by the Department Commission, as trustee, for such purposes for the benefit of the People of the State of Illinois pursuant to the terms of the instrument granting the funds or property to the Department Commission.
(l) The Department Commission shall, to the extent funds are available, monitor issues concerning the rights of eligible persons and the care and treatment provided to those persons, including but not limited to the incidence of abuse or neglect of eligible persons.
10400HB0862sam002 -173- LRB104 04759 JDS 38579 a (l) The Department Commission shall, to the extent funds are available, monitor issues concerning the rights of eligible persons and the care and treatment provided to those persons, including but not limited to the incidence of abuse or neglect of eligible persons.
For purposes of that monitoring the Department Commission shall have access to reports of suspected abuse or neglect and information HB0862 Enrolled - 173 - LRB104 04759 SPS 14786 b regarding the disposition of such reports, subject to the provisions of the Mental Health and Developmental Disabilities Confidentiality Act.
For purposes of that monitoring the Department Commission shall have access to reports of suspected abuse or neglect and information regarding the disposition of such reports, subject to the provisions of the Mental Health and Developmental Disabilities Confidentiality Act.
(c) The Department Commission may take any other action as may be reasonable to carry out the purposes of this Act.
(c) The Department Commission may take any other action as 10400HB0862sam002 -174- LRB104 04759 JDS 38579 a may be reasonable to carry out the purposes of this Act.
Commission and HB0862 Enrolled - 174 - LRB104 04759 SPS 14786 b (2) coordinate the activities of the its divisions of the Department;
Commission and (2) coordinate the activities of the its divisions of the Department;
The Director may delegate to employees of the Department any of the duties described in Section 7 of this Act.
The Director may delegate to employees of the 10400HB0862sam002 -175- LRB104 04759 JDS 38579 a Department any of the duties described in Section 7 of this Act.
(2) Examine and delineate the needs of eligible persons for legal counsel and representation and the resources HB0862 Enrolled - 175 - LRB104 04759 SPS 14786 b necessary to meet those needs, subject to the approval of the Commission;
(2) Examine and delineate the needs of eligible persons for legal counsel and representation and the resources necessary to meet those needs, subject to the approval of the Commission;
(Source:
10400HB0862sam002 -176- LRB104 04759 JDS 38579 a (Source:
The Division of Legal Advocacy Service shall make a good faith HB0862 Enrolled - 176 - LRB104 04759 SPS 14786 b effort to assist eligible persons to engage private counsel, and to contact private counsel for eligible persons whose disabilities limit their capacity to independently contact private counsel.
The Division of Legal Advocacy Service shall make a good faith effort to assist eligible persons to engage private counsel, and to contact private counsel for eligible persons whose disabilities limit their capacity to independently contact private counsel.
(1) have ready access to view and copy all mental health records pertaining to his client, as provided in the "Mental Health and Developmental Disabilities Confidentiality Act", enacted by the Eightieth General Assembly, as now or hereafter amended, and such other records to which he is permitted access;
(1) have ready access to view and copy all mental health records pertaining to his client, as provided in the "Mental Health and Developmental Disabilities Confidentiality Act", enacted by the Eightieth General Assembly, as now or hereafter amended, and such other records to which he is permitted 10400HB0862sam002 -177- LRB104 04759 JDS 38579 a access;
No attorney shall have the right to visit eligible persons or look at their records for the purpose of soliciting cases for HB0862 Enrolled - 177 - LRB104 04759 SPS 14786 b representation.
No attorney shall have the right to visit eligible persons or look at their records for the purpose of soliciting cases for representation.
Each regional board authority shall consist of at least 7 members and no more than 9 members appointed by the Director, in accordance with this Section.
Each regional board authority shall consist of at least 7 members and no more than 9 members appointed by the 10400HB0862sam002 -178- LRB104 04759 JDS 38579 a Director, in accordance with this Section.
In making HB0862 Enrolled - 178 - LRB104 04759 SPS 14786 b appointments, the Director shall strive to ensure representation of minority groups and of eligible persons, and shall give due consideration to recommendations of persons and groups assisting eligible persons.
In making appointments, the Director shall strive to ensure representation of minority groups and of eligible persons, and shall give due consideration to recommendations of persons and groups assisting eligible persons.
Members of the regional authorities shall serve for a term of 3 years, except that the terms of the first appointees shall be as follows:
Members of 10400HB0862sam002 -179- LRB104 04759 JDS 38579 a the regional authorities shall serve for a term of 3 years, except that the terms of the first appointees shall be as follows:
HB0862 Enrolled - 179 - LRB104 04759 SPS 14786 b Vacancies in the regional board authorities shall be filled by the Director.
Vacancies in the regional board authorities shall be filled by the Director.
A regional board that authority which receives a complaint alleging that the rights of an eligible person have been violated in the region in which the regional board authority sits, shall conduct an investigation unless it determines that the complaint is frivolous or beyond the scope of its authority or competence, or unless the Director finds that a conflict of interest exists and directs another regional board authority to conduct the investigation.
A regional board that authority which receives a complaint alleging that the rights of an eligible person have been violated in the region in which the regional board 10400HB0862sam002 -180- LRB104 04759 JDS 38579 a authority sits, shall conduct an investigation unless it determines that the complaint is frivolous or beyond the scope of its authority or competence, or unless the Director finds that a conflict of interest exists and directs another regional board authority to conduct the investigation.
The regional board authority shall inform the complainant of whether it will conduct an investigation, and if not, the HB0862 Enrolled - 180 - LRB104 04759 SPS 14786 b reason therefor.
The regional board authority shall inform the complainant of whether it will conduct an investigation, and if not, the reason therefor.
717) Sec.
717) 10400HB0862sam002 -181- LRB104 04759 JDS 38579 a Sec.
HB0862 Enrolled - 181 - LRB104 04759 SPS 14786 b (Source:
(Source:
If the person notified objects in writing to such inspection and copying, the regional board authority may not inspect or copy such materials.
10400HB0862sam002 -182- LRB104 04759 JDS 38579 a If the person notified objects in writing to such inspection and copying, the regional board authority may not inspect or copy such materials.
719) HB0862 Enrolled - 182 - LRB104 04759 SPS 14786 b Sec.
719) Sec.
A regional board authority may, subject to the provisions of the Open Meetings Act, conduct closed meetings and hearings when necessary to ensure confidentiality or to protect the rights of any eligible person or provider of services or other person.
A regional board authority may, subject to the provisions of the Open Meetings Act, conduct closed meetings and hearings when necessary to ensure confidentiality or to 10400HB0862sam002 -183- LRB104 04759 JDS 38579 a protect the rights of any eligible person or provider of services or other person.
1-1-10.) HB0862 Enrolled - 183 - LRB104 04759 SPS 14786 b (20 ILCS 3955/22) (from Ch.
1-1-10.) (20 ILCS 3955/22) (from Ch.
(Source:
10400HB0862sam002 -184- LRB104 04759 JDS 38579 a (Source:
If a regional board authority determines that further action is required, it may refer a matter to the Director Commission or another division of the Department thereof, and any federal, State, or local agency, or other HB0862 Enrolled - 184 - LRB104 04759 SPS 14786 b persons, as it may deem appropriate and as approved by the Director, as it may deem appropriate and as approved by the Director.
If a regional board authority determines that further action is required, it may refer a matter to the Director Commission or another division of the Department thereof, and any federal, State, or local agency, or other persons, as it may deem appropriate and as approved by the Director, as it may deem appropriate and as approved by the Director.
The State agency, service provider, or other person investigated provider or person shall have opportunity to review and object to any proposed public findings and recommendations.
The State agency, service provider, or other person 10400HB0862sam002 -185- LRB104 04759 JDS 38579 a investigated provider or person shall have opportunity to review and object to any proposed public findings and recommendations.
80-1416.) HB0862 Enrolled - 185 - LRB104 04759 SPS 14786 b (20 ILCS 3955/27) (from Ch.
80-1416.) (20 ILCS 3955/27) (from Ch.
testamentary guardian;
10400HB0862sam002 -186- LRB104 04759 JDS 38579 a testamentary guardian;
The Division Office of State Guardian may file a petition for its own appointment, or for the appointment of any other person, if the Division of State Guardian determines that the filing of the petition may HB0862 Enrolled - 186 - LRB104 04759 SPS 14786 b avoid the need for State guardianship.
The Division Office of State Guardian may file a petition for its own appointment, or for the appointment of any other person, if the Division of State Guardian determines that the filing of the petition may avoid the need for State guardianship.
On and after the effective date of the this amendatory Act of the 97th General Assembly, the court shall also indicate in the order, as a finding of fact, the reasons that the Division of State Guardian appointment, rather than the appointment of another interested party, is required.
On and after the effective date of the this amendatory Act of the 97th General Assembly, the court shall also indicate in the order, as a 10400HB0862sam002 -187- LRB104 04759 JDS 38579 a finding of fact, the reasons that the Division of State Guardian appointment, rather than the appointment of another interested party, is required.
(b) In all cases in which the Division of State Guardian has been appointed to prior to or after the effective date of HB0862 Enrolled - 187 - LRB104 04759 SPS 14786 b the changes made to this Section by this amendatory Act of the 104th General Assembly, the Division of State Guardian shall be recognized as a division of the Department.
(b) In all cases in which the Division of State Guardian has been appointed to prior to or after the effective date of the changes made to this Section by this amendatory Act of the 104th General Assembly, the Division of State Guardian shall be recognized as a division of the Department.
The State Guardian shall visit and consult with its wards at least four times a year for as long as the guardianship continues.
The State Guardian shall visit and consult with its wards at least four times a year for as long 10400HB0862sam002 -188- LRB104 04759 JDS 38579 a as the guardianship continues.
The State Guardian shall provide a training program that outlines the duties and responsibilities of guardians appointed under HB0862 Enrolled - 188 - LRB104 04759 SPS 14786 b Article XIa of the Probate Act of 1975.
The State Guardian shall provide a training program that outlines the duties and responsibilities of guardians appointed under Article XIa of the Probate Act of 1975.
In the preparation and dissemination of training materials, the State Guardian shall give due consideration to making the training materials accessible to persons with disabilities.
In the preparation and dissemination of training 10400HB0862sam002 -189- LRB104 04759 JDS 38579 a materials, the State Guardian shall give due consideration to making the training materials accessible to persons with disabilities.
A person, including a private citizen or employee HB0862 Enrolled - 189 - LRB104 04759 SPS 14786 b of a service provider, who, in good faith, files a complaint with or provides information to the Department or any of its divisions Commission or any division thereof, including private citizens and employees of service providers, shall not be subject to any penalties, sanctions, or restrictions as a consequence of filing the complaint or providing the information.
A person, including a private citizen or employee of a service provider, who, in good faith, files a complaint with or provides information to the Department or any of its divisions Commission or any division thereof, including private citizens and employees of service providers, shall not be subject to any penalties, sanctions, or restrictions as a consequence of filing the complaint or providing the information.
736) Sec.
736) 10400HB0862sam002 -190- LRB104 04759 JDS 38579 a Sec.
84-1358.) (20 ILCS 3955/35 rep.) HB0862 Enrolled - 190 - LRB104 04759 SPS 14786 b Section 10-33.
84-1358.) (20 ILCS 3955/35 rep.) Section 10-33.
self care, fine motor skills, mobility, vision, respiration, learning, work, receptive and expressive language (hearing and speaking), self direction, capacity for independent living, and economic sufficiency.
self care, fine motor skills, mobility, vision, respiration, learning, work, receptive and expressive language (hearing and speaking), self direction, capacity for independent living, 10400HB0862sam002 -191- LRB104 04759 JDS 38579 a and economic sufficiency.
(2) Advisory councils created by the Department of Human Rights under Section 7-107 of the Illinois Human HB0862 Enrolled - 191 - LRB104 04759 SPS 14786 b Rights Act.
(2) Advisory councils created by the Department of Human Rights under Section 7-107 of the Illinois Human Rights Act.
Appropriations for the improvement, development, addition or expansion of legal and guardianship services for eligible persons or wards pursuant to Section 5 of the Guardianship and Advocacy Act or for the financing of any program designed to provide such improvement, development, addition or expansion of services or for expenses incurred in administering the Division of Human Rights Authority, Legal Advocacy, the Division of Disability Rights and Protections, and the Division Service and Office of State Guardian are payable from HB0862 Enrolled - 192 - LRB104 04759 SPS 14786 b the Guardianship and Advocacy Fund.
Appropriations for the improvement, development, addition or expansion of legal and guardianship services for eligible 10400HB0862sam002 -192- LRB104 04759 JDS 38579 a persons or wards pursuant to Section 5 of the Guardianship and Advocacy Act or for the financing of any program designed to provide such improvement, development, addition or expansion of services or for expenses incurred in administering the Division of Human Rights Authority, Legal Advocacy, the Division of Disability Rights and Protections, and the Division Service and Office of State Guardian are payable from the Guardianship and Advocacy Fund.
"Assistant Public Defender" means a full-time employee of a Public Defender in Illinois or the State Appellate Defender who is continually licensed to practice law and provides legal representation to indigent persons, as provided by statute.
"Assistant Public Defender" means a full-time employee of a Public Defender in Illinois or the State Appellate Defender 10400HB0862sam002 -193- LRB104 04759 JDS 38579 a who is continually licensed to practice law and provides legal representation to indigent persons, as provided by statute.
"Civil legal aid" means free or reduced-cost legal HB0862 Enrolled - 193 - LRB104 04759 SPS 14786 b representation or advice to low-income clients in non-criminal matters.
"Civil legal aid" means free or reduced-cost legal representation or advice to low-income clients in non-criminal matters.
"Eligible debt" means outstanding principal, interest, and related fees from loans obtained for undergraduate, graduate, or law school educational expenses made by government or commercial lending institutions or educational institutions.
10400HB0862sam002 -194- LRB104 04759 JDS 38579 a "Eligible debt" means outstanding principal, interest, and related fees from loans obtained for undergraduate, graduate, or law school educational expenses made by government or commercial lending institutions or educational institutions.
"Department of Disability Advocacy and Guardianship IGAC HB0862 Enrolled - 194 - LRB104 04759 SPS 14786 b attorney" means a full-time employee of the Department of Disability Illinois Guardianship and Advocacy and Guardianship Commission, including the Division Office of State Guardian, the Division of Legal Advocacy Service, and the Division of Disability Human Rights and Protections Authority, who is continually licensed to practice law and provides legal representation to carry out the responsibilities of the Department of Disability Advocacy and Illinois Guardianship and Advocacy Commission.
"Department of Disability Advocacy and Guardianship IGAC attorney" means a full-time employee of the Department of Disability Illinois Guardianship and Advocacy and Guardianship Commission, including the Division Office of State Guardian, the Division of Legal Advocacy Service, and the Division of Disability Human Rights and Protections Authority, who is continually licensed to practice law and provides legal representation to carry out the responsibilities of the Department of Disability Advocacy and Illinois Guardianship and Advocacy Commission.
"Public interest attorney" means an attorney practicing in Illinois who is an assistant State's Attorney, assistant Public Defender, civil legal aid attorney, assistant Attorney General, assistant public guardian, Department of Disability Advocacy and Guardianship IGAC attorney, or legislative attorney.
"Public interest attorney" means an attorney practicing in Illinois who is an assistant State's Attorney, assistant Public Defender, civil legal aid attorney, assistant Attorney 10400HB0862sam002 -195- LRB104 04759 JDS 38579 a General, assistant public guardian, Department of Disability Advocacy and Guardianship IGAC attorney, or legislative attorney.
"Qualifying employer" means (i) an Illinois State's Attorney or the State's Attorneys Appellate Prosecutor, (ii) an Illinois Public Defender or the State Appellate Defender, (iii) an Illinois civil legal aid organization, (iv) the HB0862 Enrolled - 195 - LRB104 04759 SPS 14786 b Illinois Attorney General, (v) an Illinois public guardian, (vi) the Department of Disability Advocacy and Illinois Guardianship and Advocacy Commission, (vii) the Illinois Senate, (viii) the Illinois House of Representatives, or (ix) the Illinois Legislative Reference Bureau.
"Qualifying employer" means (i) an Illinois State's Attorney or the State's Attorneys Appellate Prosecutor, (ii) an Illinois Public Defender or the State Appellate Defender, (iii) an Illinois civil legal aid organization, (iv) the Illinois Attorney General, (v) an Illinois public guardian, (vi) the Department of Disability Advocacy and Illinois Guardianship and Advocacy Commission, (vii) the Illinois Senate, (viii) the Illinois House of Representatives, or (ix) the Illinois Legislative Reference Bureau.
Any long term care facility administrator, agent or employee or any physician, hospital, surgeon, dentist, osteopath, chiropractor, podiatric physician, accredited religious practitioner who provides treatment by spiritual means alone through prayer in accordance with the tenets and practices of the accrediting church, coroner, social worker, social services administrator, registered nurse, law enforcement officer, field personnel of the Department of Healthcare and Family Services, field personnel of the Illinois Department of Public Health and County or Municipal Health Departments, personnel of the Department of Human Services (acting as the successor to the Department of Mental Health and Developmental Disabilities or the Department of Public Aid), personnel of the Department of Disability HB0862 Enrolled - 196 - LRB104 04759 SPS 14786 b Advocacy and Guardianship (acting as the successor to the Guardianship and Advocacy Commission), personnel of the State Fire Marshal, local fire department inspectors or other personnel, or personnel of the Illinois Department on Aging, or its subsidiary Agencies on Aging, or employee of a facility licensed under the Assisted Living and Shared Housing Act, having reasonable cause to believe any resident with whom they have direct contact has been subjected to abuse or neglect shall immediately report or cause a report to be made to the Department.
Any long term care facility administrator, agent or employee or any physician, hospital, surgeon, dentist, osteopath, chiropractor, podiatric physician, accredited religious practitioner who provides treatment by spiritual means alone through prayer in accordance with the tenets and practices of the accrediting church, coroner, social worker, social services administrator, registered nurse, law 10400HB0862sam002 -196- LRB104 04759 JDS 38579 a enforcement officer, field personnel of the Department of Healthcare and Family Services, field personnel of the Illinois Department of Public Health and County or Municipal Health Departments, personnel of the Department of Human Services (acting as the successor to the Department of Mental Health and Developmental Disabilities or the Department of Public Aid), personnel of the Department of Disability Advocacy and Guardianship (acting as the successor to the Guardianship and Advocacy Commission), personnel of the State Fire Marshal, local fire department inspectors or other personnel, or personnel of the Illinois Department on Aging, or its subsidiary Agencies on Aging, or employee of a facility licensed under the Assisted Living and Shared Housing Act, having reasonable cause to believe any resident with whom they have direct contact has been subjected to abuse or neglect shall immediately report or cause a report to be made to the Department.
Any long term care surveyor of the Illinois Department of Public Health who has reasonable cause to believe in the course of a survey that a resident has been abused or neglected and initiates an investigation while on site at the facility shall be exempt from making a report under this Section but the results of any such investigation shall be forwarded to the central register in a manner and form described by the Department.
Any long term care surveyor of the Illinois Department of Public Health who has reasonable cause to 10400HB0862sam002 -197- LRB104 04759 JDS 38579 a believe in the course of a survey that a resident has been abused or neglected and initiates an investigation while on site at the facility shall be exempt from making a report under this Section but the results of any such investigation shall be forwarded to the central register in a manner and form described by the Department.
The requirement of this Act shall not relieve any HB0862 Enrolled - 197 - LRB104 04759 SPS 14786 b long-term long term care facility administrator, agent or employee of responsibility to report the abuse or neglect of a resident under Section 3-610 of the Nursing Home Care Act or under Section 3-610 of the ID/DD Community Care Act or under Section 3-610 of the MC/DD Act or under Section 2-107 of the Specialized Mental Health Rehabilitation Act of 2013.
The requirement of this Act shall not relieve any long-term long term care facility administrator, agent or employee of responsibility to report the abuse or neglect of a resident under Section 3-610 of the Nursing Home Care Act or under Section 3-610 of the ID/DD Community Care Act or under Section 3-610 of the MC/DD Act or under Section 2-107 of the Specialized Mental Health Rehabilitation Act of 2013.
98-756, eff.
10400HB0862sam002 -198- LRB104 04759 JDS 38579 a 98-756, eff.
All reports of suspected abuse or neglect made under this Act shall be made immediately by telephone to the Department's central register established under Section 14 on the single, State-wide, toll-free telephone number established HB0862 Enrolled - 198 - LRB104 04759 SPS 14786 b under Section 13, or in person or by telephone through the nearest Department office.
All reports of suspected abuse or neglect made under this Act shall be made immediately by telephone to the Department's central register established under Section 14 on the single, State-wide, toll-free telephone number established under Section 13, or in person or by telephone through the nearest Department office.
Reports made to the central register through the State-wide, toll-free telephone number shall be transmitted to appropriate Department offices and municipal health departments that have responsibility for licensing long term care facilities under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.
Reports made to the central register through the State-wide, toll-free telephone number shall be transmitted to appropriate Department offices and municipal health 10400HB0862sam002 -199- LRB104 04759 JDS 38579 a departments that have responsibility for licensing long term care facilities under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.
The Department shall be capable of receiving HB0862 Enrolled - 199 - LRB104 04759 SPS 14786 b reports of suspected abuse and neglect 24 hours a day, 7 days a week.
The Department shall be capable of receiving reports of suspected abuse and neglect 24 hours a day, 7 days a week.
With respect to investigations of reports of suspected abuse or neglect of residents of mental health and developmental disabilities institutions under the jurisdiction of the Department of Human Services, the Department shall transmit copies of such reports to the Illinois State Police, the Department of Human Services, and the Inspector General appointed under Section 1-17 of the Department of Human HB0862 Enrolled - 200 - LRB104 04759 SPS 14786 b Services Act.
10400HB0862sam002 -200- LRB104 04759 JDS 38579 a With respect to investigations of reports of suspected abuse or neglect of residents of mental health and developmental disabilities institutions under the jurisdiction of the Department of Human Services, the Department shall transmit copies of such reports to the Illinois State Police, the Department of Human Services, and the Inspector General appointed under Section 1-17 of the Department of Human Services Act.
When requested by the Director of the Disability Advocacy and Guardianship and Advocacy Commission, the agency designated by the Governor pursuant to the Protection and Advocacy for Persons with Developmental Disabilities Act, or the Department of Financial and Professional Regulation, the Department, the Department of Human Services and the Illinois State Police shall make available a copy of the final investigative report regarding investigations conducted by their respective agencies on incidents of suspected abuse or neglect of residents of mental health and developmental disabilities institutions or individuals receiving services at community agencies under the jurisdiction of the Department of Human Services.
When requested by the Director of the Disability Advocacy and Guardianship and Advocacy Commission, the agency designated by the Governor pursuant to the Protection and Advocacy for Persons with Developmental Disabilities Act, or the Department of Financial and Professional Regulation, the Department, the Department of Human Services and the Illinois State Police shall make available a copy of the final investigative report regarding investigations conducted by their respective agencies on incidents of suspected abuse or neglect of residents of mental health and developmental disabilities institutions or 10400HB0862sam002 -201- LRB104 04759 JDS 38579 a individuals receiving services at community agencies under the jurisdiction of the Department of Human Services.
Specifically, the final investigative report of the Illinois State Police shall HB0862 Enrolled - 201 - LRB104 04759 SPS 14786 b mean the Director's final transmittal letter.
Specifically, the final investigative report of the Illinois State Police shall mean the Director's final transmittal letter.
With respect to investigations of reported resident abuse or neglect, the Department shall effect with appropriate law enforcement agencies formal agreements concerning methods and procedures for the conduct of investigations into the criminal histories of any administrator, staff assistant or employee of the nursing home or other person responsible for the residents care, as well as for other residents in the nursing home who may be in a position to abuse, neglect or exploit the patient.
With respect to investigations of reported resident abuse or neglect, the Department shall effect with appropriate law enforcement agencies formal agreements concerning methods and procedures for the conduct of investigations into the criminal histories of any administrator, staff assistant or employee of the nursing home or other person responsible for the residents care, as well as for other residents in the nursing home who 10400HB0862sam002 -202- LRB104 04759 JDS 38579 a may be in a position to abuse, neglect or exploit the patient.
Unless the criminal histories of the subjects involved crimes HB0862 Enrolled - 202 - LRB104 04759 SPS 14786 b of violence or resident abuse or neglect, the Department shall be entitled only to information limited in scope to charges and their dispositions.
Unless the criminal histories of the subjects involved crimes of violence or resident abuse or neglect, the Department shall be entitled only to information limited in scope to charges and their dispositions.
The Department shall adopt and implement methods and procedures to promote statewide uniformity in the handling of reports of abuse and neglect under this Act, and those methods and procedures shall be adhered to by personnel of the Department involved in such investigations and reporting.
The Department shall adopt and implement methods and 10400HB0862sam002 -203- LRB104 04759 JDS 38579 a procedures to promote statewide uniformity in the handling of reports of abuse and neglect under this Act, and those methods and procedures shall be adhered to by personnel of the Department involved in such investigations and reporting.
HB0862 Enrolled - 203 - LRB104 04759 SPS 14786 b The Department shall keep a continuing record of all reports made pursuant to this Act, including indications of the final determination of any investigation and the final disposition of all reports.
The Department shall keep a continuing record of all reports made pursuant to this Act, including indications of the final determination of any investigation and the final disposition of all reports.
(210 ILCS 35/5) (from Ch.
10400HB0862sam002 -204- LRB104 04759 JDS 38579 a (210 ILCS 35/5) (from Ch.
These provisions shall insure that the Community Living Facilities HB0862 Enrolled - 204 - LRB104 04759 SPS 14786 b are in appropriate neighborhoods and shall prohibit concentration of these housing programs in communities.
These provisions shall insure that the Community Living Facilities are in appropriate neighborhoods and shall prohibit concentration of these housing programs in communities.
(7) Implementation of habilitation plans for each resident.
(7) Implementation of habilitation plans for each 10400HB0862sam002 -205- LRB104 04759 JDS 38579 a resident.
Such services should include educational opportunities, vocational training and other day activities aimed at HB0862 Enrolled - 205 - LRB104 04759 SPS 14786 b promoting independence and improving basic living skills.
Such services should include educational opportunities, vocational training and other day activities aimed at promoting independence and improving basic living skills.
(13) Maintenance of records pertaining to the admission, habilitation, and discharge of residents, and to the general operation of Community Living Facilities.
10400HB0862sam002 -206- LRB104 04759 JDS 38579 a (13) Maintenance of records pertaining to the admission, habilitation, and discharge of residents, and to the general operation of Community Living Facilities.
HB0862 Enrolled - 206 - LRB104 04759 SPS 14786 b (210 ILCS 45/2-106) (from Ch.
(210 ILCS 45/2-106) (from Ch.
The physically demonstrated need of the resident for a device used for positioning must be revisited in every comprehensive assessment of the resident.
The 10400HB0862sam002 -207- LRB104 04759 JDS 38579 a physically demonstrated need of the resident for a device used for positioning must be revisited in every comprehensive assessment of the resident.
The Department shall by rule, designate certain devices as restraints, including at least all those devices which have been determined to be restraints by the United States Department of Health and Human Services in interpretive HB0862 Enrolled - 207 - LRB104 04759 SPS 14786 b guidelines issued for the purposes of administering Titles XVIII and XIX of the Social Security Act.
The Department shall by rule, designate certain devices as restraints, including at least all those devices which have been determined to be restraints by the United States Department of Health and Human Services in interpretive guidelines issued for the purposes of administering Titles XVIII and XIX of the Social Security Act.
A restraint may be used only after consultation with appropriate health professionals, such as occupational or physical therapists, and a trial of less restrictive measures has led to the determination that the use of less restrictive measures would not attain or maintain the resident's highest practicable physical, mental or psychosocial well-being.
A restraint may be used only after consultation with appropriate health professionals, such as occupational or physical therapists, and a trial of less restrictive measures has led to the determination that the use of less restrictive measures 10400HB0862sam002 -208- LRB104 04759 JDS 38579 a would not attain or maintain the resident's highest practicable physical, mental or psychosocial well-being.
(d) A restraint may be applied only by a person trained in HB0862 Enrolled - 208 - LRB104 04759 SPS 14786 b the application of the particular type of restraint.
(d) A restraint may be applied only by a person trained in the application of the particular type of restraint.
(f) Whenever a restraint is used on a resident whose primary mode of communication is sign language, the resident shall be permitted to have his or her hands free from restraint for brief periods each hour, except when this freedom may result in physical harm to the resident or others.
(f) Whenever a restraint is used on a resident whose primary mode of communication is sign language, the resident 10400HB0862sam002 -209- LRB104 04759 JDS 38579 a shall be permitted to have his or her hands free from restraint for brief periods each hour, except when this freedom may result in physical harm to the resident or others.
HB0862 Enrolled - 209 - LRB104 04759 SPS 14786 b (Source:
(Source:
100-360), (b) their obligation to comply with the asset and income disclosure requirements of Title XIX of the federal Social Security Act and the regulations duly promulgated thereunder, except that this item (b) does not apply to facilities operated by the Illinois Department of Veterans Affairs that do not participate in Medicaid, and (c) the resident's rights regarding personal funds and listing the services for which the resident will be charged.
100-360), (b) their obligation to comply with the asset and income disclosure requirements of Title XIX of the federal Social Security Act and the regulations duly promulgated thereunder, except that this item (b) does not apply to facilities operated by the Illinois Department of Veterans Affairs that do not participate in Medicaid, and (c) the resident's rights regarding personal funds and listing the 10400HB0862sam002 -210- LRB104 04759 JDS 38579 a services for which the resident will be charged.
HB0862 Enrolled - 210 - LRB104 04759 SPS 14786 b (2) May accept funds from a resident for safekeeping and managing, if it receives written authorization from, in order of priority, the resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any;
(2) May accept funds from a resident for safekeeping and managing, if it receives written authorization from, in order of priority, the resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any;
(4) Shall provide, in order of priority, each resident, or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, with a written itemized statement at least quarterly, of all financial transactions involving the resident's funds.
(4) Shall provide, in order of priority, each resident, or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, with a written itemized statement at least 10400HB0862sam002 -211- LRB104 04759 JDS 38579 a quarterly, of all financial transactions involving the resident's funds.
(6) Shall keep any funds received from a resident for HB0862 Enrolled - 211 - LRB104 04759 SPS 14786 b safekeeping in an account separate from the facility's funds, and shall at no time withdraw any part or all of such funds for any purpose other than to return the funds to the resident upon the request of the resident or any other person entitled to make such request, to pay the resident his allowance, or to make any other payment authorized by the resident or any other person entitled to make such authorization.
(6) Shall keep any funds received from a resident for safekeeping in an account separate from the facility's funds, and shall at no time withdraw any part or all of such funds for any purpose other than to return the funds to the resident upon the request of the resident or any other person entitled to make such request, to pay the resident his allowance, or to make any other payment authorized by the resident or any other person entitled to make such authorization.
(8) Shall return to the resident, or the person who executed the written authorization required in subsection (2) of this Section, upon written request, all or any part of the resident's funds given the facility for safekeeping, including the interest accrued from deposits.
(8) Shall return to the resident, or the person who executed the written authorization required in subsection (2) 10400HB0862sam002 -212- LRB104 04759 JDS 38579 a of this Section, upon written request, all or any part of the resident's funds given the facility for safekeeping, including the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a resident is entitled in that resident's personal account, or give it to the resident, unless the facility has written authorization from the resident or the resident's guardian or HB0862 Enrolled - 212 - LRB104 04759 SPS 14786 b if the resident is a minor, his parent, to handle it differently, (b) take all steps necessary to ensure that a personal needs allowance that is placed in a resident's personal account is used exclusively by the resident or for the benefit of the resident, and (c) where such funds are withdrawn from the resident's personal account by any person other than the resident, require such person to whom funds constituting any part of a resident's personal needs allowance are released, to execute an affidavit that such funds shall be used exclusively for the benefit of the resident.
(9) Shall (a) place any monthly allowance to which a resident is entitled in that resident's personal account, or give it to the resident, unless the facility has written authorization from the resident or the resident's guardian or if the resident is a minor, his parent, to handle it differently, (b) take all steps necessary to ensure that a personal needs allowance that is placed in a resident's personal account is used exclusively by the resident or for the benefit of the resident, and (c) where such funds are withdrawn from the resident's personal account by any person other than the resident, require such person to whom funds constituting any part of a resident's personal needs allowance are released, to execute an affidavit that such funds shall be used exclusively for the benefit of the resident.
(11) If an adult resident is incapable of managing his funds and does not have a resident's representative, guardian, or an immediate family member, shall notify the Division Office of the State Guardian of the Department of Disability Advocacy and Guardianship and Advocacy Commission.
(11) If an adult resident is incapable of managing his funds and does not have a resident's representative, guardian, or an immediate family member, shall notify the Division Office of the State Guardian of the Department of Disability 10400HB0862sam002 -213- LRB104 04759 JDS 38579 a Advocacy and Guardianship and Advocacy Commission.
8-15-25.) HB0862 Enrolled - 213 - LRB104 04759 SPS 14786 b Section 10-67.
8-15-25.) Section 10-67.
(3) Shall provide, in order of priority, each recipient, or the recipient's guardian, if any, or the recipient's immediate family member, if any, with a written itemized statement of all financial transactions involving the recipient's funds or a copy of the recipient's checking or savings account register for the period.
(3) Shall provide, in order of priority, each recipient, or the recipient's guardian, if any, or the recipient's immediate family member, if any, with a written itemized statement of all financial transactions 10400HB0862sam002 -214- LRB104 04759 JDS 38579 a involving the recipient's funds or a copy of the recipient's checking or savings account register for the period.
(4) Shall purchase and maintain a surety bond or other commercial policy with crime coverage in an amount equal to or greater than all of the recipient's personal funds HB0862 Enrolled - 214 - LRB104 04759 SPS 14786 b deposited with the service provider to which employees of the service provider have access to secure against loss, theft, and insolvency.
(4) Shall purchase and maintain a surety bond or other commercial policy with crime coverage in an amount equal to or greater than all of the recipient's personal funds deposited with the service provider to which employees of the service provider have access to secure against loss, theft, and insolvency.
(6) Shall deposit any funds received from a recipient in excess of $100 in an interest-bearing account insured by agencies of, or corporations chartered by, the State or the federal government.
(6) Shall deposit any funds received from a recipient 10400HB0862sam002 -215- LRB104 04759 JDS 38579 a in excess of $100 in an interest-bearing account insured by agencies of, or corporations chartered by, the State or the federal government.
The service provider may keep up to $100 of a HB0862 Enrolled - 215 - LRB104 04759 SPS 14786 b recipient's funds in a non-interest-bearing account or petty cash fund, to be readily available for the recipient's current expenditures.
The service provider may keep up to $100 of a recipient's funds in a non-interest-bearing account or petty cash fund, to be readily available for the recipient's current expenditures.
(8) Shall (i) place any monthly allowance that a recipient is entitled to in the recipient's personal account or give the monthly allowance directly to the recipient, unless the service provider has written authorization from the recipient, the recipient's guardian, or the recipient's parent if the recipient is a minor, to handle the monthly allowance differently, (ii) take all steps necessary to ensure that a monthly allowance that is placed in a recipient's personal account is used exclusively by the recipient or for the recipient's benefit, and (iii) require any person other than the recipient who withdraws funds from the recipient's personal account that constitute any portion of the recipient's monthly allowance to execute an affidavit that the funds will be used exclusively for the benefit of the recipient.
(8) Shall (i) place any monthly allowance that a recipient is entitled to in the recipient's personal account or give the monthly allowance directly to the recipient, unless the service provider has written authorization from the recipient, the recipient's guardian, or the recipient's parent if the recipient is a minor, to handle the monthly allowance differently, (ii) take all steps necessary to ensure that a monthly allowance that is placed in a recipient's personal account is used exclusively by the recipient or for the 10400HB0862sam002 -216- LRB104 04759 JDS 38579 a recipient's benefit, and (iii) require any person other than the recipient who withdraws funds from the recipient's personal account that constitute any portion of the recipient's monthly allowance to execute an affidavit that the funds will be used exclusively for the benefit of the recipient.
(9) If an adult recipient is incapable of managing his HB0862 Enrolled - 216 - LRB104 04759 SPS 14786 b or her funds and does not have a guardian or immediate family member, the service provider shall notify the Division Office of the State Guardian of the Guardianship and Advocacy Commission.
(9) If an adult recipient is incapable of managing his or her funds and does not have a guardian or immediate family member, the service provider shall notify the Division Office of the State Guardian of the Guardianship and Advocacy Commission.
(d) If a service provider is sold, the service provider shall provide the new owner with a written verification by a public accountant of all the recipient's money and property being transferred and shall obtain a signed receipt for the money and property from the new owner upon transfer of the recipient's money and property.
(d) If a service provider is sold, the service provider shall provide the new owner with a written verification by a 10400HB0862sam002 -217- LRB104 04759 JDS 38579 a public accountant of all the recipient's money and property being transferred and shall obtain a signed receipt for the money and property from the new owner upon transfer of the recipient's money and property.
The MC/DD Act is amended by changing HB0862 Enrolled - 217 - LRB104 04759 SPS 14786 b Sections 2-106 and 2-201 as follows:
The MC/DD Act is amended by changing Sections 2-106 and 2-201 as follows:
The Department shall by rule, designate certain devices as restraints, including at least all those devices which have been determined to be restraints by the United States Department of Health and Human Services in interpretive guidelines issued for the purposes of administering Titles XVIII and XIX of the Social Security Act.
The Department shall by rule, designate certain devices as restraints, including at least all those devices which have been determined to be restraints by the United States Department of Health and Human 10400HB0862sam002 -218- LRB104 04759 JDS 38579 a Services in interpretive guidelines issued for the purposes of administering Titles XVIII and XIX of the Social Security Act.
No restraints or confinements shall be employed except as ordered by a physician who documents the HB0862 Enrolled - 218 - LRB104 04759 SPS 14786 b need for such restraints or confinements in the resident's clinical record.
No restraints or confinements shall be employed except as ordered by a physician who documents the need for such restraints or confinements in the resident's clinical record.
A restraint may be used only after consultation with appropriate health professionals, such as occupational or physical therapists, and a trial of less restrictive measures has led to the determination that the use of less restrictive measures would not attain or maintain the resident's highest practicable physical, mental or psychosocial well-being well being.
A restraint may be used only after consultation with appropriate health professionals, such as occupational or physical therapists, and a trial of less restrictive measures has led to the determination that the use 10400HB0862sam002 -219- LRB104 04759 JDS 38579 a of less restrictive measures would not attain or maintain the resident's highest practicable physical, mental or psychosocial well-being well being.
HB0862 Enrolled - 219 - LRB104 04759 SPS 14786 b (d) A restraint may be applied only by a person trained in the application of the particular type of restraint.
(d) A restraint may be applied only by a person trained in the application of the particular type of restraint.
(f) Whenever a restraint is used on a resident whose primary mode of communication is sign language, the resident shall be permitted to have his or her hands free from restraint for brief periods each hour, except when this freedom may result in physical harm to the resident or others.
(f) Whenever a restraint is used on a resident whose 10400HB0862sam002 -220- LRB104 04759 JDS 38579 a primary mode of communication is sign language, the resident shall be permitted to have his or her hands free from restraint for brief periods each hour, except when this freedom may result in physical harm to the resident or others.
(g) The requirements of this Section are intended to control in any conflict with the requirements of Sections 1-126 and 2-108 of the Mental Health and Developmental HB0862 Enrolled - 220 - LRB104 04759 SPS 14786 b Disabilities Code.
(g) The requirements of this Section are intended to control in any conflict with the requirements of Sections 1-126 and 2-108 of the Mental Health and Developmental Disabilities Code.
The facility shall obtain a signed acknowledgment from each resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, that such person has received the statement.
The facility shall obtain a signed acknowledgment from each resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate 10400HB0862sam002 -221- LRB104 04759 JDS 38579 a family member, if any, that such person has received the statement.
such authorization shall be HB0862 Enrolled - 221 - LRB104 04759 SPS 14786 b attested to by a witness who has no pecuniary interest in the facility or its operations, and who is not connected in any way to facility personnel or the administrator in any manner whatsoever.
such authorization shall be attested to by a witness who has no pecuniary interest in the facility or its operations, and who is not connected in any way to facility personnel or the administrator in any manner whatsoever.
(5) Shall purchase a surety bond, or otherwise provide assurance satisfactory to the Departments of Public Health and Financial and Professional Regulation that all residents' personal funds deposited with the facility are secure against loss, theft, and insolvency.
(5) Shall purchase a surety bond, or otherwise provide assurance satisfactory to the Departments of Public Health and Financial and Professional Regulation that all residents' 10400HB0862sam002 -222- LRB104 04759 JDS 38579 a personal funds deposited with the facility are secure against loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for safekeeping in an account separate from the facility's funds, and shall at no time withdraw any part or all of such funds for any purpose other than to return the funds to the resident upon the request of the resident or any other person entitled to HB0862 Enrolled - 222 - LRB104 04759 SPS 14786 b make such request, to pay the resident his or her allowance, or to make any other payment authorized by the resident or any other person entitled to make such authorization.
(6) Shall keep any funds received from a resident for safekeeping in an account separate from the facility's funds, and shall at no time withdraw any part or all of such funds for any purpose other than to return the funds to the resident upon the request of the resident or any other person entitled to make such request, to pay the resident his or her allowance, or to make any other payment authorized by the resident or any other person entitled to make such authorization.
(9) Shall (a) place any monthly allowance to which a resident is entitled in that resident's personal account, or give it to the resident, unless the facility has written authorization from the resident or the resident's guardian or if the resident is a minor, his parent, to handle it differently, (b) take all steps necessary to ensure that a personal needs allowance that is placed in a resident's personal account is used exclusively by the resident or for HB0862 Enrolled - 223 - LRB104 04759 SPS 14786 b the benefit of the resident, and (c) where such funds are withdrawn from the resident's personal account by any person other than the resident, require such person to whom funds constituting any part of a resident's personal needs allowance are released, to execute an affidavit that such funds shall be used exclusively for the benefit of the resident.
(9) Shall (a) place any monthly allowance to which a 10400HB0862sam002 -223- LRB104 04759 JDS 38579 a resident is entitled in that resident's personal account, or give it to the resident, unless the facility has written authorization from the resident or the resident's guardian or if the resident is a minor, his parent, to handle it differently, (b) take all steps necessary to ensure that a personal needs allowance that is placed in a resident's personal account is used exclusively by the resident or for the benefit of the resident, and (c) where such funds are withdrawn from the resident's personal account by any person other than the resident, require such person to whom funds constituting any part of a resident's personal needs allowance are released, to execute an affidavit that such funds shall be used exclusively for the benefit of the resident.
(12) If the facility is sold, shall provide the buyer with a written verification by a public accountant of all residents' monies and properties being transferred, and obtain a signed receipt from the new owner.
(12) If the facility is sold, shall provide the buyer with a written verification by a public accountant of all residents' monies and properties being transferred, and obtain 10400HB0862sam002 -224- LRB104 04759 JDS 38579 a a signed receipt from the new owner.
(210 ILCS 47/2-106) HB0862 Enrolled - 224 - LRB104 04759 SPS 14786 b Sec.
(210 ILCS 47/2-106) Sec.
(b) Neither restraints nor confinements shall be employed for the purpose of punishment or for the convenience of any facility personnel.
10400HB0862sam002 -225- LRB104 04759 JDS 38579 a (b) Neither restraints nor confinements shall be employed for the purpose of punishment or for the convenience of any facility personnel.
Each facility licensed under this Act must have a written policy to address the use of restraints and HB0862 Enrolled - 225 - LRB104 04759 SPS 14786 b seclusion.
Each facility licensed under this Act must have a written policy to address the use of restraints and seclusion.
However, if the resident needs emergency care, restraints may be used for brief periods to permit medical treatment to proceed unless the facility has notice that the resident has previously made a valid refusal of the treatment in question.
However, if the resident 10400HB0862sam002 -226- LRB104 04759 JDS 38579 a needs emergency care, restraints may be used for brief periods to permit medical treatment to proceed unless the facility has notice that the resident has previously made a valid refusal of the treatment in question.
(e) Whenever a period of use of a restraint is initiated, HB0862 Enrolled - 226 - LRB104 04759 SPS 14786 b the resident shall be advised of his or her right to have a person or organization of his or her choosing, including the Department of Disability Advocacy and Guardianship and Advocacy Commission, notified of the use of the restraint.
(e) Whenever a period of use of a restraint is initiated, the resident shall be advised of his or her right to have a person or organization of his or her choosing, including the Department of Disability Advocacy and Guardianship and Advocacy Commission, notified of the use of the restraint.
(f) Whenever a restraint is used on a resident whose primary mode of communication is sign language, the resident shall be permitted to have his or her hands free from restraint for brief periods each hour, except when this freedom may result in physical harm to the resident or others.
(f) Whenever a restraint is used on a resident whose primary mode of communication is sign language, the resident shall be permitted to have his or her hands free from restraint for brief periods each hour, except when this freedom may 10400HB0862sam002 -227- LRB104 04759 JDS 38579 a result in physical harm to the resident or others.
7-1-10.) HB0862 Enrolled - 227 - LRB104 04759 SPS 14786 b (210 ILCS 47/2-201) Sec.
7-1-10.) (210 ILCS 47/2-201) Sec.
(2) May accept funds from a resident for safekeeping and managing, if it receives written authorization from, in order of priority, the resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any;
(2) May accept funds from a resident for safekeeping and 10400HB0862sam002 -228- LRB104 04759 JDS 38579 a managing, if it receives written authorization from, in order of priority, the resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any;
such authorization shall be attested to by a witness who has no pecuniary interest in the facility or its operations, and who is not connected in any way to facility personnel or the administrator in any manner HB0862 Enrolled - 228 - LRB104 04759 SPS 14786 b whatsoever.
such authorization shall be attested to by a witness who has no pecuniary interest in the facility or its operations, and who is not connected in any way to facility personnel or the administrator in any manner whatsoever.
(6) Shall keep any funds received from a resident for safekeeping in an account separate from the facility's funds, and shall at no time withdraw any part or all of such funds for any purpose other than to return the funds to the resident upon the request of the resident or any other person entitled to make such request, to pay the resident his or her allowance, or to make any other payment authorized by the resident or any other person entitled to make such authorization.
(6) Shall keep any funds received from a resident for 10400HB0862sam002 -229- LRB104 04759 JDS 38579 a safekeeping in an account separate from the facility's funds, and shall at no time withdraw any part or all of such funds for any purpose other than to return the funds to the resident upon the request of the resident or any other person entitled to make such request, to pay the resident his or her allowance, or to make any other payment authorized by the resident or any other person entitled to make such authorization.
HB0862 Enrolled - 229 - LRB104 04759 SPS 14786 b (7) Shall deposit any funds received from a resident in excess of $100 in an interest-bearing interest bearing account insured by agencies of, or corporations chartered by, the State or federal government.
(7) Shall deposit any funds received from a resident in excess of $100 in an interest-bearing interest bearing account insured by agencies of, or corporations chartered by, the State or federal government.
(9) Shall (a) place any monthly allowance to which a resident is entitled in that resident's personal account, or give it to the resident, unless the facility has written authorization from the resident or the resident's guardian or if the resident is a minor, his parent, to handle it differently, (b) take all steps necessary to ensure that a personal needs allowance that is placed in a resident's personal account is used exclusively by the resident or for the benefit of the resident, and (c) where such funds are withdrawn from the resident's personal account by any person other than the resident, require such person to whom funds HB0862 Enrolled - 230 - LRB104 04759 SPS 14786 b constituting any part of a resident's personal needs allowance are released, to execute an affidavit that such funds shall be used exclusively for the benefit of the resident.
(9) Shall (a) place any monthly allowance to which a resident is entitled in that resident's personal account, or give it to the resident, unless the facility has written authorization from the resident or the resident's guardian or 10400HB0862sam002 -230- LRB104 04759 JDS 38579 a if the resident is a minor, his parent, to handle it differently, (b) take all steps necessary to ensure that a personal needs allowance that is placed in a resident's personal account is used exclusively by the resident or for the benefit of the resident, and (c) where such funds are withdrawn from the resident's personal account by any person other than the resident, require such person to whom funds constituting any part of a resident's personal needs allowance are released, to execute an affidavit that such funds shall be used exclusively for the benefit of the resident.
7-2-10.) Section 10-80.
7-2-10.) 10400HB0862sam002 -231- LRB104 04759 JDS 38579 a Section 10-80.
(a) No administrator, agent, or employee of a hospital or a hospital affiliate, or a member of a hospital's medical HB0862 Enrolled - 231 - LRB104 04759 SPS 14786 b staff, may abuse a patient in the hospital or in a facility operated by a hospital affiliate.
(a) No administrator, agent, or employee of a hospital or a hospital affiliate, or a member of a hospital's medical staff, may abuse a patient in the hospital or in a facility operated by a hospital affiliate.
(e) Upon receiving a report under this Section, the hospital or hospital affiliate shall promptly conduct an internal review to ensure the alleged victim's safety.
10400HB0862sam002 -232- LRB104 04759 JDS 38579 a (e) Upon receiving a report under this Section, the hospital or hospital affiliate shall promptly conduct an internal review to ensure the alleged victim's safety.
Measures to protect the alleged victim shall be taken as deemed necessary by the hospital's administrator and may include, but are not limited to, removing suspected violators from further patient contact during the hospital's or hospital HB0862 Enrolled - 232 - LRB104 04759 SPS 14786 b affiliate's internal review.
Measures to protect the alleged victim shall be taken as deemed necessary by the hospital's administrator and may include, but are not limited to, removing suspected violators from further patient contact during the hospital's or hospital affiliate's internal review.
the name and address of the hospital or hospital affiliate treating the patient;
the name and address of the hospital 10400HB0862sam002 -233- LRB104 04759 JDS 38579 a or hospital affiliate treating the patient;
(i) Except for willful or wanton misconduct, any HB0862 Enrolled - 233 - LRB104 04759 SPS 14786 b individual, person, institution, or agency participating in good faith in the making of a report under this Section, or in the investigation of such a report or in making a disclosure of information concerning reports of abuse under this Section, shall have immunity from any liability, whether civil, professional, or criminal, that otherwise might result by reason of such actions.
(i) Except for willful or wanton misconduct, any individual, person, institution, or agency participating in good faith in the making of a report under this Section, or in the investigation of such a report or in making a disclosure of information concerning reports of abuse under this Section, shall have immunity from any liability, whether civil, professional, or criminal, that otherwise might result by reason of such actions.
(l) The Department shall investigate each report of patient abuse made under this Section according to the procedures of the Department, except that a report of abuse which indicates that a patient's life or safety is in imminent danger shall be investigated within 24 hours of such report.
10400HB0862sam002 -234- LRB104 04759 JDS 38579 a (l) The Department shall investigate each report of patient abuse made under this Section according to the procedures of the Department, except that a report of abuse which indicates that a patient's life or safety is in imminent danger shall be investigated within 24 hours of such report.
Under no circumstances may a hospital's or hospital affiliate's internal review of an allegation of abuse replace HB0862 Enrolled - 234 - LRB104 04759 SPS 14786 b an investigation of the allegation by the Department.
Under no circumstances may a hospital's or hospital affiliate's internal review of an allegation of abuse replace an investigation of the allegation by the Department.
(p) Nothing in this Section relieves a hospital or hospital affiliate administrator, employee, agent, or medical staff member from contacting appropriate law enforcement authorities as required by law.
(p) Nothing in this Section relieves a hospital or hospital affiliate administrator, employee, agent, or medical staff member from contacting appropriate law enforcement 10400HB0862sam002 -235- LRB104 04759 JDS 38579 a authorities as required by law.
(r) Nothing in this Section shall require a hospital or hospital affiliate, including its employees, agents, and HB0862 Enrolled - 235 - LRB104 04759 SPS 14786 b medical staff members, to provide any services to a patient in contravention of his or her stated or implied objection thereto upon grounds that such services conflict with his or her religious beliefs or practices, nor shall such a patient be considered abused under this Section for the exercise of such beliefs or practices.
(r) Nothing in this Section shall require a hospital or hospital affiliate, including its employees, agents, and medical staff members, to provide any services to a patient in contravention of his or her stated or implied objection thereto upon grounds that such services conflict with his or her religious beliefs or practices, nor shall such a patient be considered abused under this Section for the exercise of such beliefs or practices.
"Hospital affiliate" has the meaning given to that term in Section 10.8.
"Hospital affiliate" has the meaning given to that term in 10400HB0862sam002 -236- LRB104 04759 JDS 38579 a Section 10.8.
"Sexual abuse" means any intentional act of sexual contact HB0862 Enrolled - 236 - LRB104 04759 SPS 14786 b or sexual penetration of a patient in the hospital.
"Sexual abuse" means any intentional act of sexual contact or sexual penetration of a patient in the hospital.
If federal law or regulations permit or require exemption of earned or other income and resources, the Illinois Department shall provide by rule and regulation that the amount of income to be disregarded be increased (1) to the maximum extent so required and (2) to the maximum extent permitted by federal law or regulation in effect as of the date this amendatory Act becomes law.
If federal law or 10400HB0862sam002 -237- LRB104 04759 JDS 38579 a regulations permit or require exemption of earned or other income and resources, the Illinois Department shall provide by rule and regulation that the amount of income to be disregarded be increased (1) to the maximum extent so required and (2) to the maximum extent permitted by federal law or regulation in effect as of the date this amendatory Act becomes law.
The Illinois Department may also provide by rule HB0862 Enrolled - 237 - LRB104 04759 SPS 14786 b and regulation that the amount of resources to be disregarded be increased to the maximum extent so permitted or required.
The Illinois Department may also provide by rule and regulation that the amount of resources to be disregarded be increased to the maximum extent so permitted or required.
If the activity produces income that is less than 6% of the exempt equity due to reasons beyond the person's control (for example, the person's illness or crop failure) and there is a reasonable expectation that the property will again produce income equal to or greater than 6% of the equity value (for example, a medical prognosis that the person is expected to respond to treatment or that drought-resistant corn will be planted), the equity value in the property up to $6,000 is exempt.
If the activity produces income that is less than 6% of the exempt equity due to reasons beyond the person's control (for example, the person's illness or crop failure) and there is a reasonable expectation that the property will again produce income equal to or greater than 6% of the equity value (for example, a medical prognosis that the person is expected to respond to treatment or that drought-resistant corn will be 10400HB0862sam002 -238- LRB104 04759 JDS 38579 a planted), the equity value in the property up to $6,000 is exempt.
The total equity value of all properties that HB0862 Enrolled - 238 - LRB104 04759 SPS 14786 b is exempt shall be limited to $6,000.
The total equity value of all properties that is exempt shall be limited to $6,000.
(1) Funds in a revocable prepaid funeral or burial contract are exempt up to $1,500, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value.
(1) Funds in a revocable prepaid funeral or burial 10400HB0862sam002 -239- LRB104 04759 JDS 38579 a contract are exempt up to $1,500, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value.
(2) Funds in an irrevocable prepaid funeral or burial contract are exempt up to $7,248, except that any portion HB0862 Enrolled - 239 - LRB104 04759 SPS 14786 b of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value.
(2) Funds in an irrevocable prepaid funeral or burial contract are exempt up to $7,248, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value.
The contract must provide a complete description of the funeral goods and services to be provided and the price thereof.
The contract must provide a complete description of the funeral goods and services to be 10400HB0862sam002 -240- LRB104 04759 JDS 38579 a provided and the price thereof.
The trust must include a statement that, upon the death of the person, the State will receive all amounts remaining in the trust, including any remaining payable proceeds under the insurance policy up to an amount equal to the total medical assistance paid HB0862 Enrolled - 240 - LRB104 04759 SPS 14786 b on behalf of the person.
The trust must include a statement that, upon the death of the person, the State will receive all amounts remaining in the trust, including any remaining payable proceeds under the insurance policy up to an amount equal to the total medical assistance paid on behalf of the person.
This amount shall be adjusted annually for any increase in the Consumer Price Index.
This amount shall be adjusted annually for any increase in the Consumer 10400HB0862sam002 -241- LRB104 04759 JDS 38579 a Price Index.
The person shall sign an irrevocable designation of beneficiary form declaring that any amounts payable from the policies not used for goods and services and any cash advances as set forth in the contract shall be received by the State, up to HB0862 Enrolled - 241 - LRB104 04759 SPS 14786 b an amount equal to the total medical assistance paid on behalf of the person;
The person shall sign an irrevocable designation of beneficiary form declaring that any amounts payable from the policies not used for goods and services and any cash advances as set forth in the contract shall be received by the State, up to an amount equal to the total medical assistance paid on behalf of the person;
the name of the insured, the name of the insurance company and policy number, an itemized account of the amount of the contract for goods and services and any cash advances provided, and the current value of the policy of benefits designated with a record of all amounts paid back to the State or other beneficiary.
the name of the insured, the name of the insurance company and policy number, an itemized account of the amount of the contract 10400HB0862sam002 -242- LRB104 04759 JDS 38579 a for goods and services and any cash advances provided, and the current value of the policy of benefits designated with a record of all amounts paid back to the State or other beneficiary.
(d) Notwithstanding any other provision of this Code to HB0862 Enrolled - 242 - LRB104 04759 SPS 14786 b the contrary, an irrevocable trust containing the resources of a person who is determined to have a disability shall be considered exempt from consideration.
(d) Notwithstanding any other provision of this Code to the contrary, an irrevocable trust containing the resources of a person who is determined to have a disability shall be considered exempt from consideration.
After a person reaches age 65, any funding by or on behalf of the person to the trust shall be treated as a transfer of assets for less than fair market value unless the person is a ward of a county public guardian or the Division of State Guardian pursuant to Section 13-5 of the Probate Act of 1975 or Section 30 of the Guardianship and Advocacy Act and lives in the community, or the person is a ward of a county public guardian or the Division of State Guardian pursuant to Section 13-5 of the Probate Act of 1975 or Section 30 of the Guardianship and Advocacy Act and a court has found that any expenditures from the trust will maintain or enhance the person's quality of life.
After a person reaches age 65, any funding by or on behalf of the person to the trust shall be treated as a transfer of assets for less than fair market value unless the person is a ward of a county public guardian or the Division of State Guardian pursuant to Section 13-5 of the Probate Act of 1975 or Section 30 of the Guardianship and Advocacy Act and 10400HB0862sam002 -243- LRB104 04759 JDS 38579 a lives in the community, or the person is a ward of a county public guardian or the Division of State Guardian pursuant to Section 13-5 of the Probate Act of 1975 or Section 30 of the Guardianship and Advocacy Act and a court has found that any expenditures from the trust will maintain or enhance the person's quality of life.
If the trust contains proceeds from a personal injury settlement, any Department charge must be HB0862 Enrolled - 243 - LRB104 04759 SPS 14786 b satisfied in order for the transfer to the trust to be treated as a transfer for fair market value.
If the trust contains proceeds from a personal injury settlement, any Department charge must be satisfied in order for the transfer to the trust to be treated as a transfer for fair market value.
(g) The eligibility of any applicant for or recipient of public aid under this Article is not affected by the payment of any grant under the "Senior Citizens and Disabled Persons Property Tax Relief Act" or any distributions or items of income described under subparagraph (X) of paragraph (2) of subsection (a) of Section 203 of the Illinois Income Tax Act.
10400HB0862sam002 -244- LRB104 04759 JDS 38579 a (g) The eligibility of any applicant for or recipient of public aid under this Article is not affected by the payment of any grant under the "Senior Citizens and Disabled Persons Property Tax Relief Act" or any distributions or items of income described under subparagraph (X) of paragraph (2) of subsection (a) of Section 203 of the Illinois Income Tax Act.
(h) The Illinois Department may, after appropriate HB0862 Enrolled - 244 - LRB104 04759 SPS 14786 b investigation, establish and implement a consolidated standard to determine need and eligibility for and amount of benefits under this Article or a uniform cash supplement to the federal Supplemental Security Income program for all or any part of the then current recipients under this Article;
(h) The Illinois Department may, after appropriate investigation, establish and implement a consolidated standard to determine need and eligibility for and amount of benefits under this Article or a uniform cash supplement to the federal Supplemental Security Income program for all or any part of the then current recipients under this Article;
(320 ILCS 20/2) (from Ch.
10400HB0862sam002 -245- LRB104 04759 JDS 38579 a (320 ILCS 20/2) (from Ch.
(a) "Abandonment" means the desertion or willful forsaking of an eligible adult by an individual responsible for the care and custody of that eligible adult under circumstances in HB0862 Enrolled - 245 - LRB104 04759 SPS 14786 b which a reasonable person would continue to provide care and custody.
(a) "Abandonment" means the desertion or willful forsaking of an eligible adult by an individual responsible for the care and custody of that eligible adult under circumstances in which a reasonable person would continue to provide care and custody.
Nothing in this Act shall be construed to mean that an eligible adult is a victim of abuse because of health care services provided or not provided by licensed health care professionals.
Nothing in this Act shall be construed to mean that an eligible adult is a victim of abuse because of health care 10400HB0862sam002 -246- LRB104 04759 JDS 38579 a services provided or not provided by licensed health care professionals.
Nothing in this Act shall be construed to mean that an eligible adult is a victim of abuse in cases of criminal activity by strangers, telemarketing scams, consumer fraud, internet fraud, home repair disputes, complaints against a homeowners' association, or complaints between landlords and HB0862 Enrolled - 246 - LRB104 04759 SPS 14786 b tenants.
Nothing in this Act shall be construed to mean that an eligible adult is a victim of abuse in cases of criminal activity by strangers, telemarketing scams, consumer fraud, internet fraud, home repair disputes, complaints against a homeowners' association, or complaints between landlords and tenants.
(c-5) "Disability" means a physical or mental disability, including, but not limited to, a developmental disability, an intellectual disability, a mental illness as defined under the Mental Health and Developmental Disabilities Code, or dementia as defined under the Alzheimer's Disease Assistance Act.
10400HB0862sam002 -247- LRB104 04759 JDS 38579 a (c-5) "Disability" means a physical or mental disability, including, but not limited to, a developmental disability, an intellectual disability, a mental illness as defined under the Mental Health and Developmental Disabilities Code, or dementia as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where the eligible adult at the time of the report lives alone or HB0862 Enrolled - 247 - LRB104 04759 SPS 14786 b with his or her family or a caregiver, or others, or other community-based unlicensed facility, but is not:
(d) "Domestic living situation" means a residence where the eligible adult at the time of the report lives alone or with his or her family or a caregiver, or others, or other community-based unlicensed facility, but is not:
(4) A hospital, sanitarium, or other institution, the principal activity or business of which is the diagnosis, care, and treatment of human illness through the maintenance and operation of organized facilities therefor, which is required to be licensed under the Hospital Licensing Act;
(4) A hospital, sanitarium, or other institution, the principal activity or business of which is the diagnosis, care, and treatment of human illness through the maintenance and operation of organized facilities therefor, which is required to be licensed under the 10400HB0862sam002 -248- LRB104 04759 JDS 38579 a Hospital Licensing Act;
(7) A "community-integrated living arrangement" as defined in the Community-Integrated Living Arrangements Licensure and Certification Act or a "community HB0862 Enrolled - 248 - LRB104 04759 SPS 14786 b residential alternative" as licensed under that Act;
(7) A "community-integrated living arrangement" as defined in the Community-Integrated Living Arrangements Licensure and Certification Act or a "community residential alternative" as licensed under that Act;
or (ii) the alleged financial exploitation is perpetrated by a family member, caregiver, or another person who has a continuing relationship with the adult, but who is not an employee of the facility where the adult resides.
or (ii) the alleged financial 10400HB0862sam002 -249- LRB104 04759 JDS 38579 a exploitation is perpetrated by a family member, caregiver, or another person who has a continuing relationship with the adult, but who is not an employee of the facility where the adult resides.
(f) "Emergency" means a situation in which an eligible adult is living in conditions presenting a risk of death or physical, mental or sexual injury and the provider agency has HB0862 Enrolled - 249 - LRB104 04759 SPS 14786 b reason to believe the eligible adult is unable to consent to services which would alleviate that risk.
(f) "Emergency" means a situation in which an eligible adult is living in conditions presenting a risk of death or physical, mental or sexual injury and the provider agency has reason to believe the eligible adult is unable to consent to services which would alleviate that risk.
(i) social services, (ii) law enforcement, (iii) education, (iv) the care of an eligible adult or eligible adults, or (v) any of the occupations required to be licensed under the Behavior Analyst Licensing Act, the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Illinois Dental Practice Act, the Dietitian Nutritionist Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Naprapathic Practice Act, the Nurse Practice Act, the Nursing Home Administrators HB0862 Enrolled - 250 - LRB104 04759 SPS 14786 b Licensing and Disciplinary Act, the Illinois Occupational Therapy Practice Act, the Illinois Optometric Practice Act of 1987, the Pharmacy Practice Act, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Illinois Speech-Language Pathology and Audiology Practice Act, the Veterinary Medicine and Surgery Practice Act of 2004, and the Illinois Public Accounting Act;
(i) social services, (ii) law enforcement, (iii) education, (iv) the care of an eligible adult or eligible adults, or (v) any of the occupations required to 10400HB0862sam002 -250- LRB104 04759 JDS 38579 a be licensed under the Behavior Analyst Licensing Act, the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Illinois Dental Practice Act, the Dietitian Nutritionist Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Naprapathic Practice Act, the Nurse Practice Act, the Nursing Home Administrators Licensing and Disciplinary Act, the Illinois Occupational Therapy Practice Act, the Illinois Optometric Practice Act of 1987, the Pharmacy Practice Act, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Illinois Speech-Language Pathology and Audiology Practice Act, the Veterinary Medicine and Surgery Practice Act of 2004, and the Illinois Public Accounting Act;
(4) any religious practitioner who provides treatment by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination, except as to information received in any confession or sacred communication enjoined by the discipline of the religious denomination to be held confidential;
10400HB0862sam002 -251- LRB104 04759 JDS 38579 a (4) any religious practitioner who provides treatment by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination, except as to information received in any confession or sacred communication enjoined by the discipline of the religious denomination to be held confidential;
HB0862 Enrolled - 251 - LRB104 04759 SPS 14786 b (5) field personnel of the Department of Healthcare and Family Services, Department of Public Health, and Department of Human Services, and any county or municipal health department;
(5) field personnel of the Department of Healthcare and Family Services, Department of Public Health, and Department of Human Services, and any county or municipal health department;
(9) a person who performs the duties of a paramedic or an emergency medical technician;
10400HB0862sam002 -252- LRB104 04759 JDS 38579 a (9) a person who performs the duties of a paramedic or an emergency medical technician;
(g) "Neglect" means another individual's failure to provide an eligible adult with or willful withholding from an eligible adult the necessities of life including, but not HB0862 Enrolled - 252 - LRB104 04759 SPS 14786 b limited to, food, clothing, shelter or health care.
(g) "Neglect" means another individual's failure to provide an eligible adult with or willful withholding from an eligible adult the necessities of life including, but not limited to, food, clothing, shelter or health care.
The Department shall designate an Area Agency on Aging as the regional administrative agency or, in the event the Area Agency on Aging in that planning and service area is deemed by the Department to be unwilling or unable to provide those functions, the Department may serve as the regional administrative agency or designate another qualified entity to serve as the regional administrative agency;
The Department shall designate an Area Agency on Aging as the regional administrative agency or, in the event the Area Agency on 10400HB0862sam002 -253- LRB104 04759 JDS 38579 a Aging in that planning and service area is deemed by the Department to be unwilling or unable to provide those functions, the Department may serve as the regional administrative agency or designate another qualified entity to serve as the regional administrative agency;
HB0862 Enrolled - 253 - LRB104 04759 SPS 14786 b (i-5) "Self-neglect" means a condition that is the result of an eligible adult's inability, due to physical or mental impairments, or both, or a diminished capacity, to perform essential self-care tasks that substantially threaten his or her own health, including:
(i-5) "Self-neglect" means a condition that is the result of an eligible adult's inability, due to physical or mental impairments, or both, or a diminished capacity, to perform essential self-care tasks that substantially threaten his or her own health, including:
(k) "Verified" means a determination that there is "clear and convincing evidence" that the specific injury or harm alleged was the result of abuse, abandonment, neglect, or financial exploitation.
10400HB0862sam002 -254- LRB104 04759 JDS 38579 a (k) "Verified" means a determination that there is "clear and convincing evidence" that the specific injury or harm alleged was the result of abuse, abandonment, neglect, or financial exploitation.
1-1-25.) HB0862 Enrolled - 254 - LRB104 04759 SPS 14786 b (320 ILCS 20/3.5) Sec.
1-1-25.) (320 ILCS 20/3.5) Sec.