RULES ILLINOISOF GOVERNMENTAL REGISTER AGENCIES
Index Department Administrative Code Division 111 E. Monroe St. Springfield, IL 62756 217-782-7017 www.cyberdriveillinois.com
Printed on recycled paper
PUBLISHED BY JESSE WHITE • SECRETARY OF STATE
TABLE OF CONTENTS
July 10, 2020 Volume 44, Issue 28
PROPOSED RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF Conditions of Employment 80 Ill. Adm. Code 303...... 11294 COMMUNITY COLLEGE BOARD, ILLINOIS Administration of the Illinois Public Community College Act 23 Ill. Adm. Code 1501...... 11303 EMERGENCY MANAGEMENT AGENCY, ILLINOIS Political Subdivision Emergency Services and Disaster Agencies 29 Ill. Adm. Code 301...... 11354 FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF Transmitters of Money Act 38 Ill. Adm. Code 205...... 11364 Student Loan Servicing Rights Act 38 Ill. Adm. Code 1010...... 11368 INSURANCE, DEPARTMENT OF Medical Necessity Criteria for Serious Mental Illnesses for Individuals Under the Age of 26 50 Ill. Adm. Code 2035...... 11378 Tie Breaking when Conducting and Administering a Board of Trustee Election 50 Ill. Adm. Code 4451...... 11394 ADOPTED RULES BOARD OF HIGHER EDUCATION, ILLINOIS General Grant Programs 23 Ill. Adm. Code 1001...... 11400 Illinois Cooperative Work Study Program 23 Ill. Adm. Code 1015...... 11408 Grow Your Own Teacher Grants 23 Ill. Adm. Code 1085...... 11419 Nurse Educator Fellowship Program 23 Ill. Adm. Code 1105...... 11456 NATURAL RESOURCES, DEPARTMENT OF General Hunting and Trapping on Department-Owned or -Managed Sites 17 Ill. Adm. Code 510...... 11466 Nuisance Wildlife Control Permits 17 Ill. Adm. Code 525...... 11474 Duck, Goose and Coot Hunting 17 Ill. Adm. Code 590...... 11483
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White-Tailed Deer Hunting by Use of Firearms 17 Ill. Adm. Code 650...... 11528 White-Tailed Deer Hunting by Use of Bow and Arrow 17 Ill. Adm. Code 670...... 11534 Special White-Tailed Deer Season for Disease Control 17 Ill. Adm. Code 675...... 11554 Late-Winter Deer Hunting Season 17 Ill. Adm. Code 680...... 11559 Youth Hunting Seasons 17 Ill. Adm. Code 685...... 11564 EMERGENCY RULES CHILDREN AND FAMILY SERVICES, DEPARTMENT OF Licensing Standards for Day Care Centers (Emergency Amendment to Emergency Rule) 89 Ill. Adm. Code 407...... 11577 SECRETARY OF STATE, OFFICE OF THE Merit Commission (Emergency Repeal) 80 Ill. Adm. Code 50…...... 11585 Procedures and Standards (Emergency Repeal) 92 Ill. Adm. Code 1001...... 11588 Certificates of Title, Registration of Vehicles (Emergency Repeal) 92 Ill. Adm. Code 1010...... 11595 Issuance of Licenses (Emergency Repeal) 92 Ill. Adm. Code 1030...... 11603 Commercial Driver Training Schools (Emergency Amendment to Emergency Rule) 92 Ill. Adm. Code 1060...... 11610 Rules of the Road - Persons with Disabilities Parking Program (Emergency Repeal) 92 Ill. Adm. Code 1100...... 11618 NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENTS CHILDREN AND FAMILY SERVICES, DEPARTMENT OF Licensing Standards for Day Care Centers 89 Ill. Adm. Code 407...... 11621 EMERGENCY MANAGEMENT AGENCY, ILLINOIS Political Subdivision Emergency Services and Disaster Agencies 29 Ill. Adm. Code 301...... 11622 SECRETARY OF STATE, OFFICE OF THE Merit Commission 80 Ill. Adm. Code 50…...... 11623 Procedures and Standards 92 Ill. Adm. Code 1001...... 11624 Certificate of Titles, Registration of Vehicles 92 Ill. Adm. Code 1010...... 11625
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Issuance of Licenses 92 Ill. Adm. Code 1030...... 11626 Rules of the Road - Persons with Disabilities Parking Program 92 Ill. Adm. Code 1100...... 11627 JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA JOINT COMMITTEE ON ADMINISTRATIVE RULES July Agenda………………...... 11628 SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices Received…...... 11633 REGULATORY AGENDA AGING, DEPARTMENT ON Americans With Disabilities Act and Civil Rights Program Grievance Procedure 4 Ill. Adm. Code 1725...... 11635 CAPITAL DEVELOPMENT BOARD Grant Agreement Procedures 71 Ill. Adm. Code 41…...... 11643 CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF Pay Plan 80 Ill. Adm. Code 310...... 11649 CHIEF PROCUREMENT OFFICER FOR CAPITAL DEVELOPMENT BOARD Chief Procurement Officer for the Capital Development Board 44 Ill. Adm. Code 8…...... 11652 EMERGENCY MANAGEMENT AGENCY, ILLINOIS Registration and Operator Requirements for Radiation Installations 32 Ill. Adm. Code 320...... 11653 EXECUTIVE ETHICS COMMISSION Organization, Information, Rulemaking and Hearings 2 Ill. Adm. Code 1620...... 11659 INSURANCE, DEPARTMENT OF Acquisition of Control of a Domestic Company 50 Ill. Adm. Code 651...... 11660 NATURAL RESOURCES, DEPARTMENT OF Camping on Department of Natural Resources Properties 17 Ill. Adm. Code 130...... 11669 STATE FIRE MARSHAL, OFFICE OF THE Fire Sprinkler Contractor Licensing Rules 41 Ill. Adm. Code 109...... 11675 STATE TREASURER, OFFICE OF THE College Savings Pool 23 Ill. Adm. Code 2500...... 11694 STUDENT ASSISTANCE COMMISSION, ILLINOIS
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General Provisions 23 Ill. Adm. Code 2700...... 11698 TEACHERS' RETIREMENT SYSTEM OF THE STATE OF ILLINOIS The Administration and Operation of the Teachers' Retirement System 80 Ill. Adm. Code 1650...... 11701 TRANSPORTATION, DEPARTMENT OF Aviation Safety 92 Ill. Adm. Code 14…...... 11702 EXECUTIVE ORDERS AND PROCLAMATIONS EXECUTIVE ORDERS Executive Order 2020-43 (COVID-19 Executive Order No. 41) 2020-43………………...... 11704 Executive Order 2020-44 (COVID-19 Executive Order No. 42) 2020-44………………...... 11713 Executive Order 2020-45 (COVID-19 Executive Order No. 43) 2020-45………………...... 11719 PROCLAMATIONS Pride Month 2020-53………………...... 11722 Gubernatorial Disaster Proclamation 2020-54………………...... 11722 Gubernatorial Disaster Proclamation 2 2020-55………………...... 11724
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INTRODUCTION
The Illinois Register is the official state document for publishing public notice of rulemaking activity initiated by State governmental agencies. The table of contents is arranged categorically by rulemaking activity and alphabetically by agency within each category.
Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and Proclamations issued by the Governor; notices of public information required by State Statute; and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors the rulemaking activities of State Agencies; is also published in the Register.
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The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois Administrative Procedure Act [5 ILCS 100/1-1, et seq.].
ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2020
Issue# Rules Due Date Date of Issue 1 December 23, 2019 January 3, 2020 2 December 30, 2019 January 10, 2020 3 January 6, 2020 January 17, 2020 4 January 13, 2020 January 24, 2020 5 January 21, 2020 January 31, 2020 6 January 27, 2020 February 7, 2020 7 February 3, 2020 February 14, 2020 8 February 10, 2020 February 21, 2020 9 February 18, 2020 February 28, 2020 10 February 24, 2020 March 6, 2020 11 March 2, 2020 March 13, 2020 12 March 9, 2020 March 20, 2020 13 March 16, 2020 March 27, 2020 14 March 23, 2020 April 3, 2020 15 March 30, 2020 April 10, 2020 16 April 6, 2020 April 17, 2020 17 April 13, 2020 April 24, 2020 18 April 20, 2020 May 1, 2020 19 April 27, 2020 May 8, 2020 20 May 4, 2020 May 15, 2020 21 May 11, 2020 May 22, 2020 22 May 18, 2020 May 29, 2020 v
23 May 26, 2020 June 5, 2020 24 June 1, 2020 June 12, 2020 25 June 8, 2020 June 19, 2020 26 June 15, 2020 June 26, 2020 27 June 22, 2020 July 6, 2020 28 June 29, 2020 July 10, 2020 29 July 6, 2020 July 17, 2020 30 July 13, 2020 July 24, 2020 31 July 20, 2020 July 31, 2020 32 July 27, 2020 August 7, 2020 33 August 3, 2020 August 14, 2020 34 August 10, 2020 August 21, 2020 35 August 17, 2020 August 28, 2020 36 August 24, 2020 September 4, 2020 37 August 31, 2020 September 11, 2020 38 September 8, 2020 September 18, 2020 39 September 14, 2020 September 25, 2020 40 September 21, 2020 October 2, 2020 41 September 28, 2020 October 9, 2020 42 October 5, 2020 October 16, 2020 43 October 13, 2020 October 23, 2020 44 October 19, 2020 October 30, 2020 45 October 26, 2020 November 6, 2020 46 November 2, 2020 November 13, 2020 47 November 9, 2020 November 20, 2020 48 November 16, 2020 November 30, 2020 49 November 23, 2020 December 4, 2020 50 November 30, 2020 December 11, 2020 51 December 7, 2020 December 18, 2020 52 December 14, 2020 December 28, 2020
vi ILLINOIS REGISTER 11294 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF PROPOSED AMENDMENT
1) Heading of the Part: Conditions of Employment
2) Code Citation: 80 Ill. Adm. Code 303
3) Section Number: Proposed Action: 303.112 Amendment
4) Statutory Authority: Implementing and authorized by the Personnel Code [20 ILCS 415] and the Organ Donor Leave Act [5 ILCS 327].
5) A Complete Description of the Subjects and Issues Involved: The amendment updates the sick leave bank policies to allow for an employee to submit additional medical documentation upon receipt of a denied application for use.
6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None
7) Will this rulemaking replace any emergency rule currently in effect? No
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? No
11) Statement of Statewide Policy Objective: It does not create or expand a State mandate under the State Mandates Act [30 ILCS 805].
12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: A 45-day written comment period will begin on the day the Notice of Proposed Amendment appears in the Illinois Register. Please mail written comments on the proposed rulemaking to the attention of:
Allison Macfarlane Deputy General Counsel Illinois Department of Central Management Services 401 South Spring Street, Room 720 Springfield IL 62706
ILLINOIS REGISTER 11295 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF PROPOSED AMENDMENT
217/782-5778
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations affected: None
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: None
14) Small Business Impact Analysis: There is no adverse impact to small business.
15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not summarized in a regulatory agenda because it was not anticipated.
The full text of the Proposed Amendment begins on the next page:
ILLINOIS REGISTER 11296 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF PROPOSED AMENDMENT
TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 303 CONDITIONS OF EMPLOYMENT
SUBPART A: GRIEVANCE PROCEDURE
Section 303.10 Definition of a Grievance 303.20 Procedure 303.21 Expedited Procedure 303.30 Grievance Committee 303.45 Representation
SUBPART B: LEAVE OF ABSENCE
Section 303.90 Sick Leave 303.100 Accumulation of Sick Leave 303.102 Payment in Lieu of Sick Leave 303.105 Reinstatement of Sick Leave 303.110 Advancement of Sick Leave 303.112 Sick Leave Bank 303.115 Veterans Hospital Leave 303.120 Furlough Program 303.125 Leave for Personal Business 303.130 Parental Leave 303.131 Leave in the Event of a Stillborn Child 303.135 On-The-Job Injury – Industrial Disease 303.140 Leaves of Absence Without Pay 303.142 Leave to Attend Union Conventions 303.145 Disability Leave 303.148 Family Responsibility Leave 303.149 Organ Donor Leave 303.150 Employee Rights After Leave 303.153 Failure to Return
ILLINOIS REGISTER 11297 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF PROPOSED AMENDMENT
303.155 Leave to Take Exempt Position 303.160 Military and Peace Corps Leave 303.165 Family Military Leave 303.166 Civil Air Patrol Leave 303.170 Military Reserve Training and Emergency Call-Up 303.171 Leave for Military Physical Examinations 303.175 Disaster Service Leave With Pay 303.176 Disaster Service Leave With Pay – Terrorist Attack 303.180 Attendance in Court 303.190 Authorized Holidays 303.200 Holiday Observance 303.215 Payment for Holidays 303.220 Holiday During Vacation 303.225 Eligibility for Holiday Pay 303.250 Vacation Eligibility 303.260 Prorated Vacation for Part-Time Employees 303.270 Vacation Schedule and Loss of Earned Vacation 303.290 Payment in Lieu of Vacation 303.295 Vacation Benefits on Death of Employee
SUBPART C: WORK HOURS AND SCHEDULES
Section 303.300 Work Schedules 303.310 Emergency Shut-Down 303.320 Overtime 303.330 Overtime Payable Upon Death 303.340 Attendance Records 303.350 Notification of Absence 303.355 Review of Attendance Records
SUBPART D: UNDATED OR INCOMPLETE FORMS
Section 303.360 Undated Forms 303.370 Incomplete Forms
SUBPART E: EMPLOYEE SEPARATIONS
ILLINOIS REGISTER 11298 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF PROPOSED AMENDMENT
Section 303.380 Reason for Separation 303.385 Repayment of Benefit Time
SUBPART F: TUITION REIMBURSEMENT
Section 303.390 Tuition Reimbursement
AUTHORITY: Implementing and authorized by the Personnel Code [20 ILCS 415] and the Organ Donor Leave Act [5 ILCS 327].
SOURCE: Filed May 29, 1975; amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979; amended at 3 Ill. Reg. 26, p. 199, effective July 1, 1979; emergency amendment at 3 Ill. Reg. 48, p. 188, effective January 1, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 11, p. 70, effective March 1, 1980; amended at 4 Ill. Reg. 15, p. 216, effective March 31, 1980; amended at 4 Ill. Reg. 22, p. 227, effective June 1, 1980; amended at 5 Ill. Reg. 8029, effective August 1, 1981; codified at 7 Ill. Reg. 13209; emergency amendment at 8 Ill. Reg. 329, effective January 1, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 7788, effective May 23, 1984; amended at 14 Ill. Reg. 3433, effective February 27, 1990; emergency amendment at 15 Ill. Reg. 5076, effective March 20, 1991, for a maximum of 150 days; emergency expired August 17, 1991; amended at 15 Ill. Reg. 5214, effective April 2, 1991; amended at 15 Ill. Reg. 14067, effective September 12, 1991; amended at 16 Ill. Reg. 8368, effective May 21, 1992; amended at 17 Ill. Reg. 5587, effective March 29, 1993; amended at 19 Ill. Reg. 8130, effective June 7, 1995; amended at 19 Ill. Reg. 11775, effective August 7, 1995; emergency amendment at 21 Ill. Reg. 11291, effective July 22, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 15454, effective November 24, 1997; amended at 23 Ill. Reg. 13815, effective November 4, 1999; emergency amendment at 24 Ill. Reg. 16694, effective October 27, 2000, for a maximum of 150 days; amended at 25 Ill. Reg. 4847, effective March 19, 2001; emergency amendment at 25 Ill. Reg. 12429, effective September 14, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 1138, effective January 18, 2002; amended at 27 Ill. Reg. 9008, effective May 23, 2003; emergency amendment at 28 Ill. Reg. 9677, effective July 1, 2004, for a maximum of 150 days; emergency expired November 27, 2004; emergency amendment at 28 Ill. Reg. 13795, effective October 1, 2004, for a maximum of 150 days; emergency expired February 27, 2005; amended at 28 Ill. Reg. 16308, effective December 3, 2004; amended at 30 Ill. Reg. 329, effective December 30, 2005; amended at 30 Ill. Reg. 13857, effective August 2, 2006; emergency amendment at 32 Ill. Reg. 19944, effective December 9, 2008, for a maximum of 150 days; amended at 33 Ill. Reg. 6503, effective April 23, 2009; emergency amendment at 33 Ill. Reg. 12032, effective August 7, 2009, for a maximum of 150 days; amended at 33 Ill. Reg. 16801, effective November
ILLINOIS REGISTER 11299 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF PROPOSED AMENDMENT
24, 2009; emergency amendment at 34 Ill. Reg. 12985, effective August 20, 2010, for a maximum of 150 days; amended at 35 Ill. Reg. 1587, effective January 14, 2011; amended at 36 Ill. Reg. 8661, effective May 30, 2012; amended at 36 Ill. Reg. 16200, effective November 1, 2012; amended at 42 Ill. Reg. 7677, effective April 11, 2018; peremptory amendment at 43 Ill. Reg. 8590, effective July 26, 2019; amended at 44 Ill. Reg. ______, effective ______.
SUBPART B: LEAVE OF ABSENCE
Section 303.112 Sick Leave Bank
a) This Section contains rules governing the operation of plans allowing participating employees in each agency to bank portions of their accrued sick leave in a sick leave bank to be used by participating employees in the same agency who have exhausted their accrued vacation time, personal days, sick leave or compensatory time. This Section provides a framework within which each agency may administer a sick leave bank. Individual agency procedures should be consistent with the framework set forth in this Section unless alternative procedures have been agreed upon pursuant to collective bargaining negotiations.
b) Definitions
1) "Agency" means any branch, department, board, committee or commission of State government, but does not include units of local government, school districts or boards of election commissioners [5 ILCS 400/5.10].
2) "Sick leave bank" means a depository into which participating employees may donate accrued sick leave time for allocation to other participating employees [5 ILCS 400/5.15].
3) "Participating employee" means a permanent full- or part-time employee who has been employed by a State agency for a period of 6 months or more who voluntarily enrolls in the sick leave bank by depositing at least one full day of accrued sick leave in that bank [5 ILCS 400/5.20]. An employee who wishes to enroll must have a minimum of 5 days of accrued sick time on the books.
4) "Catastrophic illness or injury" means temporary disability or incapacity resulting from a life threatening illness or injury or illness or injury of
ILLINOIS REGISTER 11300 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF PROPOSED AMENDMENT
other catastrophic proportion as determined by the Director. Factors considered by the Director shall include the length of time the employee must be absent from work due to illness or injury. Catastrophic illness or injury may be due to, but not limited to, cancer, heart disease, stroke or another serious illness or injury resulting in an employee missing more than 25 work days.
5) "Personal catastrophic illness or injury" means a catastrophic illness or injury to the employee or, if agreed upon by the agency head and the Director, members of the employee's immediate family. Factors to be considered in determining if an employee's immediate family members are covered include the nature and duration of the catastrophic illness or injury; whether the person is financially and emotionally dependent on the employee; whether the presence of the employee is needed; and whether the individuals are covered pursuant to collective bargaining negotiations. Immediate family shall mean spouse, civil union partner, child, parent or any person living in the employee's household for whom the employee has custodial responsibility. c) Participation in the sick leave bank is voluntary on the part of any employee. Employees wishing to participate must be permanent full-time or part-time employees with a minimum of 6 months of service. d) A participating employee may deposit into the sick leave bank as much accrued sick leave as desired provided that the participating employee shall retain in his or her own account at least 5 sick days [5 ILCS 400/10(b)]. e) Employees may voluntarily enroll at any time. Employees shall wait 60 calendar days after enrollment before utilizing the sick leave bank. f) An employee may use up to 25 work days from the sick leave bank per 12-month period, except that participating employees shall not use sick leave accumulated in the sick leave bank until all of their accrued vacation, personal days, sick leave and compensatory time have been used. The Director may approve limits of other than 25 work days per 12-month period. Factors considered in determining if an alternate limit should be approved include:
1) the personnel jurisdiction governing the agency and employees in question;
ILLINOIS REGISTER 11301 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF PROPOSED AMENDMENT
2) whether limits have been established through collective bargaining negotiations;
3) the desire for uniformity among agency plans;
4) operational needs of the agency. g) Any sick leave in the sick leave bank used by a participating employee shall be only for the personal catastrophic illness or injury of the employee and may not be transferred, returned or used for any other purpose. h) Each State agency shall develop procedures, consistent with this Section, for establishing a single sick leave bank for all agency employees. i) Injuries and illnesses that are compensable under the Workers' Compensation Act [820 ILCS 305] or Workers' Occupational Disease Act [820 ILCS 310] shall not be eligible for sick leave bank use. j) Participating employees who transfer from one agency to another may transfer their participation in the sick leave bank [5 ILCS 400/10(f)]. k) An employee shall not be eligible to withdraw the sick leave time he or she has contributed to the bank. l) Decisions affecting a participating employee's use of the sick leave bank may be submitted by the employee to a review committee. Unless otherwise approved by the Department, the committee shall consist of one agency representative and two Department representatives. In determining if alternative committee membership should be approved, the Department shall consider the jurisdiction governing the agency or employees in question. Decisions of review committees shall be final and binding; however, employees are permitted to submit additional medical documentation upon receipt of a denied application for use. The committee will review the additional medical documentation and make a determination for approval or denial based on the entirety of medical documentation provided. m) Any abuse of the use of the sick leave bank shall be investigated by the agency and the Department and upon a finding of wrongdoing on the part of a participating employee, that employee shall repay all sick leave days drawn from
ILLINOIS REGISTER 11302 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
NOTICE OF PROPOSED AMENDMENT
the sick leave bank and shall be subject to other disciplinary action [5 ILCS 400/10(h)].
(Source: Amended at 44 Ill. Reg. ______, effective ______)
ILLINOIS REGISTER 11303 20 ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Administration of the Illinois Public Community College Act
2) Code Citation: 23 Ill. Adm. Code 1501
3) Section Numbers: Proposed Actions: 1501.101 Amendment 1501.102 Amendment 1501.301 Amendment 1501.302 Amendment 1501.305 Amendment 1501.307 Amendment 1501.309 Amendment 1501.312 New Section 1501.313 New Section 1501.507 Amendment
4) Statutory Authority: Implementing and authorized by Articles II and III and Section 6- 5.3 of the Public Community College Act [110 ILCS 805/Arts. II and III and 6-5.3].
5) A Complete Description of the Subjects and Issues Involved: PA 100-884 streamlines the Illinois Public Community College Act and eliminates statutory language that is outdated, repeals programs and statutory functions no longer necessary, and clarifies ambiguous language. These changes require the ICCB to amend its administrative rules in the following areas:
Repeal a grant program for the establishment of a new college, campus, or branch.
Define "cooperative agreement".
Amend the approval process for cooperative agreements to reflect ICCB's approval authority.
Clarify the extension of curricula/credit courses as a policy separate from the approval of contractual agreements.
PA 100-1049 amends the Dual Credit Quality Act. The adopted amendment requires a community college district, upon the request of a school district within the jurisdiction of the community college district, to enter into a partnership agreement with the school district to offer dual credit coursework. In addition, high school teachers who do NOT
ILLINOIS REGISTER 11304 20 ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF PROPOSED AMENDMENTS
meet Higher Learning Commission (HLC) and IBHE or ICCB requirements to be qualified faculty may teach dual credit courses under a professional development plan. These changes require the ICCB to amend its administrative rules regarding dual credit.
6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None
7) Will this rulemaking replace any emergency rule currently in effect? No
8) Does this rulemaking contain an automatic repeal date? Yes. Section 1501.513(a)(2)(B) is repealed December 31, 2022.
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? Yes
Section Numbers: Proposed Actions: Illinois Register Citations: 1501.801 Amendment 44 Ill. Reg. 10855; June 26, 2020 1501.803 New Section 44 Ill. Reg. 10855; June 26, 2020 1501.804 New Section 44 Ill. Reg. 10855; June 26, 2020
11) Statement of Statewide Policy Objective: The proposed rulemaking does not create or expand a State mandate as defined in Section 3(b) of the State Mandates Act [30 ILCS 805/3].
12) Time, Place and Manner in which interested persons may comment on this rulemaking: Comments on the proposed rulemaking may be submitted in writing for a period of 45 days following publication of this Notice to:
Illinois Community College Board Attn: Matt Berry 401 East Capitol Avenue Springfield IL 62701-1711
217/785-7411 fax: 217/524-4981 [email protected]
13) Initial Regulatory Flexibility Analysis:
ILLINOIS REGISTER 11305 20 ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF PROPOSED AMENDMENTS
A) Types of small businesses, small municipalities and not-for-profit corporations affected: None
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: None
14) Small Business Impact Analysis: None
15) Regulatory Agenda on which this rulemaking was summarized: January 2020
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER 11306 20 ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF PROPOSED AMENDMENTS
TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER VII: ILLINOIS COMMUNITY COLLEGE BOARD
PART 1501 ADMINISTRATION OF THE ILLINOIS PUBLIC COMMUNITY COLLEGE ACT
SUBPART A: ILLINOIS COMMUNITY COLLEGE BOARD ADMINISTRATION
Section 1501.101 Definition of Terms and Incorporations by Reference 1501.102 Advisory Groups 1501.103 Rule Adoption (Recodified) 1501.104 Manuals 1501.105 Advisory Opinions 1501.106 Executive Director 1501.107 Information Request (Recodified) 1501.108 Organization of ICCB (Repealed) 1501.109 Appearance at ICCB Meetings (Repealed) 1501.110 Appeal Procedure 1501.111 Reporting Requirements (Repealed) 1501.112 Certification of Organization (Repealed) 1501.113 Administration of Detachments and Subsequent Annexations 1501.114 Recognition 1501.115 Data Repository 1501.116 Use, Security and Confidentiality of Data 1501.117 Shared Data Agreements 1501.118 Processing Fees
SUBPART B: LOCAL DISTRICT ADMINISTRATION
Section 1501.201 Reporting Requirements 1501.202 Certification of Organization 1501.203 Delineation of Responsibilities 1501.204 Maintenance of Documents or Information 1501.205 Recognition Standards (Repealed) 1501.206 Approval of Providers of Training for Trustee Leadership Training
ILLINOIS REGISTER 11307 20 ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF PROPOSED AMENDMENTS
SUBPART C: PROGRAMS
Section 1501.301 Definition of Terms 1501.302 Units of Instruction, Research, and Public Service 1501.303 Program Requirements 1501.304 Statewide and Regional Planning 1501.305 College, Branch, Campus, and Extension Centers 1501.306 State or Federal Institutions (Repealed) 1501.307 Cooperative Agreements and Contracts 1501.308 Reporting Requirements 1501.309 Course Classification and Applicability 1501.310 Acceptance of Private Business Vocational School Credits by Community Colleges in Select Disciplines 1501.311 Credit for Prior Learning 1501.312 Extension of Curricula/Credit Courses 1501.313 Dual Credit
SUBPART D: STUDENTS
Section 1501.401 Definition of Terms (Repealed) 1501.402 Admission of Students 1501.403 Student Services 1501.404 Academic Records 1501.405 Student Evaluation 1501.406 Reporting Requirements
SUBPART E: FINANCE
Section 1501.501 Definition of Terms 1501.502 Financial Planning 1501.503 Audits 1501.504 Budgets 1501.505 Student Tuition 1501.506 Published Financial Statements 1501.507 Credit Hour Claims 1501.508 Special Populations Grants (Repealed)
ILLINOIS REGISTER 11308 20 ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF PROPOSED AMENDMENTS
1501.509 Workforce Preparation Grants (Repealed) 1501.510 Reporting Requirements 1501.511 Chart of Accounts 1501.514 Business Assistance Grants (Repealed) 1501.515 Advanced Technology Equipment Grant (Repealed) 1501.516 Capital Renewal Grants 1501.517 Retirees Health Insurance Grants (Repealed) 1501.518 Uncollectible Debts (Repealed) 1501.519 Special Initiatives Grants 1501.520 Lincoln's Challenge Scholarship Grants 1501.521 Technology Enhancement Grants (Repealed) 1501.522 Deferred Maintenance Grants (Repealed) 1501.523 Foundation Matching Grants (Repealed)
SUBPART F: CAPITAL PROJECTS
Section 1501.601 Definition of Terms 1501.602 Approval of Capital Projects 1501.603 State Funded Capital Projects 1501.604 Locally Funded Capital Projects 1501.605 Project Changes (Repealed) 1501.606 Progress Reports (Repealed) 1501.607 Reporting Requirements 1501.608 Approval of Projects from 110 ILCS 805/3-20.3.01 1501.609 Completion of Projects from 110 ILCS 805/3-20.3.01 1501.610 Demolition of Facilities
SUBPART G: STATE COMMUNITY COLLEGE
Section 1501.701 Definition of Terms (Repealed) 1501.702 Applicability (Repealed) 1501.703 Recognition (Repealed) 1501.704 Programs (Repealed) 1501.705 Finance (Repealed) 1501.706 Personnel (Repealed) 1501.707 Facilities (Repealed)
ILLINOIS REGISTER 11309 20 ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF PROPOSED AMENDMENTS
SUBPART H: PERSONNEL
Section 1501.801 Definition of Terms 1501.802 Sabbatical Leave
1501.APPENDIX A Fee Schedule for Data Matching
AUTHORITY: Implementing and authorized by Articles II and III and Section 6-5.3 of the Public Community College Act [110 ILCS 805].
SOURCE: Adopted at 6 Ill. Reg. 14262, effective November 3, 1982; codified at 7 Ill. Reg. 2332; amended at 7 Ill. Reg. 16118, effective November 22, 1983; Sections 1501.103, 1501.107 and 1501.108 recodified to 2 Ill. Adm. Code 5175 at 8 Ill. Reg. 6032; amended at 8 Ill. Reg. 14262, effective July 25, 1984; amended at 8 Ill. Reg. 19383, effective September 28, 1984; emergency amendment at 8 Ill. Reg. 22603, effective November 7, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 24299, effective December 5, 1984, for a maximum of 150 days; amended at 9 Ill. Reg. 3691, effective March 13, 1985; amended at 9 Ill. Reg. 9470, effective June 11, 1985; amended at 9 Ill. Reg. 16813, effective October 21, 1985; amended at 10 Ill. Reg. 3612, effective January 31, 1986; amended at 10 Ill. Reg. 14658, effective August 22, 1986; amended at 11 Ill. Reg. 7606, effective April 8, 1987; amended at 11 Ill. Reg. 18150, effective October 27, 1987; amended at 12 Ill. Reg. 6660, effective March 25, 1988; amended at 12 Ill. Reg. 15973, effective September 23, 1988; amended at 12 Ill. Reg. 16699, effective September 23, 1988; amended at 12 Ill. Reg. 19691, effective November 15, 1988; amended at 13 Ill. Reg. 1182, effective January 13, 1989; amended at 13 Ill. Reg. 14904, effective September 12, 1989; emergency amendment at 14 Ill. Reg. 299, effective November 9, 1989, for a maximum of 150 days; emergency amendment expired on April 9, 1990; amended at 14 Ill. Reg. 4126, effective March 1, 1990; amended at 14 Ill. Reg. 10762, effective June 25, 1990; amended at 14 Ill. Reg. 11771, effective July 9, 1990; amended at 14 Ill. Reg. 13997, effective August 20, 1990; expedited correction at 18 Ill. Reg. 3027, effective August 20, 1990; amended at 15 Ill. Reg. 10929, effective July 11, 1991; amended at 16 Ill. Reg. 12445, effective July 24, 1992; amended at 16 Ill. Reg. 17621, effective November 6, 1992; amended at 17 Ill. Reg. 1853, effective February 2, 1993; amended at 18 Ill. Reg. 4635, effective March 9, 1994; amended at 18 Ill. Reg. 8906, effective June 1, 1994; amended at 19 Ill. Reg. 2299, effective February 14, 1995; amended at 19 Ill. Reg. 2816, effective February 21, 1995; amended at 19 Ill. Reg. 7515, effective May 26, 1995; amended at 21 Ill. Reg. 5891, effective April 22, 1997; amended at 22 Ill. Reg. 2087, effective January 12, 1998; amended at 22 Ill. Reg. 17472, effective July 10, 1998; amended at 24 Ill. Reg. 249, effective December 21, 1999; amended at 24 Ill. Reg. 17522, effective November 20, 2000; amended at 25 Ill. Reg. 7161, effective May 18, 2001; emergency
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SUBPART A: ILLINOIS COMMUNITY COLLEGE BOARD ADMINISTRATION
Section 1501.101 Definition of Terms and Incorporations by Reference
a) Definitions
"Act" means the Public Community College Act [110 ILCS 805].
"Board" means the Board of Trustees of an Illinois public community college district.
"Classification of Instructional Programs" or "(CIP)" means a taxonomic scheme that supports the accurate tracking and reporting of fields of study and program completion activity.
"College" means an Illinois public community college.
"Executive Director" means the executive officer and the executive secretary of the ICCB.
"ICCB" or "State Board" means the Illinois Community College Board.
"ICCB Grants" means funds appropriated by the State of Illinois to ICCB for community colleges.
"Student Member" means the member of ICCB who has been selected by ICCB's Student Advisory Committee. The student member has all the privileges of
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membership defined in Section 2-3 of the Act.
"Recognition Continued" means a status granted to a district that generally meets ICCB standards.
"Recognition Continued-with Conditions" means a status granted to a district that generally does not meet ICCB standards. A district is judged not to meet ICCB standards when one or more of the following conditions exist:
the district continues to be out of compliance with standards cited during the previous visit;
applicable standards are disregarded; and/or
the district is found to be out of compliance with significant applicable standards.
"Recognition Interrupted" is a status granted to a district that fails to meet ICCB standards within a specified period of time after being assigned a status of recognition continued-with conditions.
"Shared Data Agreement" means a written contract between parties that defines the care and handling of sensitive or restricted use data, including, but not limited to, the terms of the agreement, ownership of the data, security measures and access to the data, uses of the data, data confidentiality procedures, duration of the agreement, and disposition of the data at the completion of the contract.
"Student Advisory Committee" or "SAC" means the ICCB student advisory committee created by Section 2-1 of the Act.
"Student-Level Data" means demographic, performance, and other data that pertains to a single student. b) Incorporation by Reference "Program Classification Structure", 2nd Edition (Technical Report 106) (1978). Collier, Douglas J. This document may be obtained from the National Center for Higher Education Management Systems (NCHEMS), 3035 Center Green Drive, Suite 150, Boulder CO 80301-2251 or from [email protected]. This incorporation by reference does not include any later editions or amendments.
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(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 1501.102 Advisory Groups
a) Advisory Organizations. Independent organizations may be considered by the ICCB to be advisory upon petition to the State Board. Independent organizations so recognized by the ICCB as "advisory" will have the opportunity to bring matters before the ICCB during a regular ICCB meeting and will have an opportunity to provide advice to the ICCB on proposed rule and policy adoptions and matters of interest to community colleges. An advisory organization may have its recognition status withdrawn by action of the ICCB or by request of the organization. Advisory organization recognition may be granted by the ICCB at the request of an organization thatwhich meets the following criteria:
1) The organization exists independently of the ICCB and any individual college;
2) A primary purpose of the organization is to deal with matters of systemwide importance; and
3) Representatives of Illinois community college districts are included as voting members of the organization.
b) Advisory Committees. Advisory committees to the ICCB may be authorized and appointed by the ICCB. Membership and terms of appointment shall be established at the time of authorization.
c) Student Advisory Committee
1) Purpose. The purposes of this committee are to:
A) Review proposed ICCB policies;
B) Inform the ICCB of systemwide issues that impact the education of community college students; and
C) Select the ICCB Student Member.
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2) Membership. Each member of the Student Advisory Committee shall be the nonvoting student member of the local district board of trustees. In the case of multi-college districts, the student trustee of the district shall automatically be designated as the voting member for the individual college where he or she attends. If the student member of the local district board of trustees cannot serve and, for colleges that are part of a multi- college district not represented by the district's student member, the district's president or chief executive officer may designate a student as a voting member. No community college shall have more than one voting member per college. The ICCB Student Member will serve ex officio.
3) Officers. The Student Advisory Committee shall annually select the following officers from its membership to serve a one-year term: a Chair to conduct the meeting of the Committee; a Vice Chair to assist the Chair, to conduct the meeting if the Chair is absent, and to represent the SAC on the IBHE Student Advisory Committee; and a Recording Officer to record the minutes of all SAC meetings.
4) The Executive Director of ICCB shall call SAC meetings as necessary and notify each local district board of trustees at least 30 days in advance.
5) ICCB Meetings. The SAC report shall be given at regular ICCB meetings d) Selection of ICCB Student Member. The SAC will seek nominations for the ICCB Student Member from all Illinois public community colleges. A college district can nominate one candidate for this position. The nomination shall include information such as personal information (name and address), number of credit hours (current and expected), college and community activities, resume, letters of reference, and rationale for desiring the position. The ICCB Student Member shall be elected before June 1 by a majority vote of SAC members present from all nominations who meet ICCB student membership requirements as delineated in subsection (e). e) Membership Requirements of ICCB Student Member. The ICCB Student Member shall be enrolled in an Illinois public community college for a minimum course load of six semester or quarter credit hours during both the fall and spring semesters or equivalent(fall/winter/spring quarters) for each term of his/her appointment. If the course load of the ICCB Student Member falls below the minimum credit hours, that member shall be replaced by a majority vote of the
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SAC members present at the next SAC meeting.
f) Length of Term of ICCB Student Member. The ICCB Student Member shall serve for a term of one year beginning on July 1 and expiring on June 30. No ICCB Student Member shall serve for more than two terms. Service during a partial term shall not be considered as one term.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
SUBPART C: PROGRAMS
Section 1501.301 Definition of Terms
"Adult Basic Education" means basic skills courses designed to bring students to a competency of Grade 8 equivalency, including English as a Second Language.
"Adult Secondary Education" means courses designed to bring students to a competency of Grade 12 equivalency, including English as a Second Language, and the high school equivalency examination preparation.
"Associate Degree" means an award for satisfactory completion of a curriculum of 60 semester credit hours or more.
"Associate in Applied Science Degree" means an award for the satisfactory completion of a prescribed curriculum intended to prepare individuals for employment in a specific field.
"Associate in Arts Degree" means an award for the satisfactory completion of a prescribed curriculum intended to transfer to baccalaureate degree programs in one of the arts, humanities, or social or behavioral sciences or one of the professional fields with these disciplines as a base.
"Associate in Engineering Science Degree" means an award for the satisfactory completion of a prescribed curriculum intended to transfer to baccalaureate degree programs in engineering.
"Associate in Fine Arts Degree" means an award for the satisfactory completion of a prescribed curriculum intended to transfer to
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baccalaureate degree programs in one of the fine arts: art, music, or theater.
"Associate in General Studies Degree" means an award for the satisfactory completion of a curriculum that has been individually designed by mutual agreement between the student and his/her college-appointed advisor to meet the student's educational intent.
"Associate in Science Degree" means an award for the satisfactory completion of a prescribed curriculum intended to transfer to baccalaureate degree programs in one of the mathematical, biological, or physical sciences or one of the professional fields with these disciplines as a base.
"Baccalaureate/Transfer Education" means coursework intended to prepare individuals for transfer into a baccalaureate curriculum in a related field of study.
"Branch" means an administrative unit of a college that has a continuing educational mission and serves as a secondary instructional site for the college.
"Bridge Instruction" means coursework in adult education, remedial education, career and technical education, vocational skills education, or a combination of these types of education, to prepare individuals for entering credit courses and curricula.
"Campus" means an organized administrative unit of a college that has a continuing educational mission and serves as a primary instructional site for the college.
"Career and Technical Education" means organized educational programs of study that prepare students for employment in a specific field and should be aligned with related secondary and/or upper-division programs that require a common knowledge and skill set.
"Certificate" means an award for satisfactory completion of a series of courses or curriculum of less than 59 semester credit hours.
"General Certificate" means a noncredit award for satisfactory completion of a series of courses of 30 semester credit hours or less in adult basic
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education, adult secondary education, remedial education, vocational skills, or general studies.
"Occupational or Career and Technical Certificate" means a credit award for satisfactory completion of a prescribed curriculum intended to prepare an individual for employment in a specific field.
"College" means a district's administrative unit that is authorized by the Illinois Board of Higher Education to grant postsecondary-level degrees and certificates, is recognized by the ICCB, and provides a comprehensive program of instruction in accordance with Section 1-2(e) of the Act.
"Contact Hour" means instructional time based on a 50-60 minute clock hour of instructional activity that may include classroom, online, laboratory, clinical or work-based instruction or any combination of those instructional methods.
"Cooperative Agreement" means a contract or agreement between a college and one or more other colleges, organizations, associations, educational institutions, or government agencies to obtain, deliver, or share educational services for academic credit. A cooperative agreement does not include collective bargaining agreements with any labor organization.
"Course" means a sequential presentation, through one or more instructional modes, of subject matter in a particular field to meet specific objectives within a designated time period, such as a semester or a quarter.
"Credit for Prior Learning" means evaluation and assessment of a student's life learning through employment, training and experiences outside an academic environment from which skills that comprise terminal objectives are mastered to an acceptable degree of proficiency for college credit, certification or advanced standing toward further education or training.
"Curriculum" means an approved unit of instruction consisting of a series of courses designed to lead to an associate degree or a certificate.
"District Curriculum" means a curriculum approved for offering within a district, on the basis of student interest, employment demand, and available resources within the district.
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"General Studies Curriculum" means a curriculum designed to meet individual student goals, in the promotion of personal improvement and self-understanding.
"Regional Curriculum" means a curriculum approved for offering within a particular region of the State, on the basis of student interest and employment demand within the region. An institution holding authority to offer a regional curriculum shall not exclude additional districts, including those within the defined region or regional consortia of colleges, from requesting approval to offer the same curriculum in its district.
"Statewide Curriculum" means a curriculum approved for offering on the basis of student interest and employment demand statewide. An institution holding authority to offer a statewide curriculum shall not exclude additional districts from requesting approval to offer the same curriculum statewide, regionally or in its district.
"Dual Credit Course" means a college course taken by a high school student for credit at both the college and high school level [110 ILCS 27/5].
"Educational Agency" means an agency, corporation, or other defined legal entity that offers instruction.
"Electronic Exchange System" means an online tool for organizing ICCB proposals and tracking their status.
"Extension Center" means an instructional site for the college that is used for offering some of the college's courses and/or programs for a limited duration.
"GECC" means the General Education Core Curriculum of the Illinois Articulation Initiative.
"General Education Core Curriculum Credential" or "GECC Credential" means a credential provided by the college for completion of the 37 to 41 credit hours to satisfy the GECC.
"Higher Learning Commission" or "HLC" means an independent corporation that serves as one of six regional institutional accreditors in the U.S. and accredits
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"Instructional Activity" means classroom, online, laboratory, clinical or work- based instruction or any combination of those instructional methods.
"Internship/Practicum" means a course of planned and supervised training that allows the application of theory to actual practice and prepares a student for working independently in a specific career. The internship/practicum generally occurs after the student has completed 12 credit hours. It takes place at a regular worksite and instruction/supervision is shared by a college instructor/supervisor and a qualified employee at the worksite. Clinical practicums take place in a hospital or other medical/health facility and require close supervision/instruction/monitoring by a qualified college instructor.
"Laboratory" means a course of planned and supervised training in which students learn new methods or principles through experimentation, observation, and/or practice. A lab class can occur at the beginning, middle, or end of a particular course of study and may be a specially equipped room designed for experimentation, observation, and/or practice on the college campus or at the worksite.
"Lecture" means a course presented in an oral or related format that allows for content to be discussed among class participants.
"PBVS Program of Study" means any of the programs listed in Section 10 of the Career and Workforce Transition Act [110 ILCS 151].
"Principal Site" means the official mailing address of the college.
"Private Business Vocational School" or "PBVS" means a non-degree granting institution that is regulated and approved by the Board of Higher Education under the Private Business and Vocational Schools Act of 2012 [105 ILCS 426] and that is nationally accredited by an accreditor approved by the U.S. Department of Education.
"Public Service" means noncredit classes and other activities of an educational nature, such as workshops, seminars, forums, exhibits, and the provision of
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college facilities and expertise to the community, designed to be of service to the public.
"Remedial Education" means courses in computation, communication (that is, writing and speaking), and reading, designed to improve the competency of high school graduates, or those persons achieving high school equivalency through standardized testing, to the level necessary for placement into communication and mathematics courses required of first-year college students. Remedial courses reiterate basic skills that students were expected to have mastered before entry into postsecondary education.
"Research" means investigations or experiments to discover or interpret facts, to revise accepted theories, or to apply those revised theories.
"Secondary School" means a private or parochial secondary school, public secondary school district, or public unit school district.
"Unit of Instruction" means any one of the following:
An organized program of study consisting of a sequence of courses that results in the award to a student of a certificate or an associate degree.
Any existing organized program of study offered at a new geographical location outside of the college district.
Any organized administrative entity that would have a continuing instructional mission, including but not limited to a college, campus or branch.
"Unit of Research or Public Service" means a college's subdivision (e.g., a division, institute or center) that administers one or more research or public service programs.
"Vocational Skills Education" means courses designed to provide short-term job entry training, to upgrade the skills of persons already employed, or to review skills for career re-entry.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
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Section 1501.302 Units of Instruction, Research, and Public Service
a) Approval of New Units of Instruction. An application for approval of a proposed new unit of instruction shall be submitted to the ICCB on forms provided by ICCB. The criteria for approval of new units of instruction, which also apply to existing programs offered by community colleges, are:
1) Mission and Objectives
A) The objectives of the unit of instruction are consistent with the mission of the college as set forth in Section 1-2(e) of the Act.
B) The objectives of the unit of instruction are consistent with what the title of the unit of instruction implies.
2) Academic Control
A) The design, conduct and evaluation of the unit of instruction are under the direct and continuous control of the college's established processes for academic planning and quality maintenance, and clear provision is made for ensuring a high level of academic performance of faculty and students.
B) The admission, course placement, and graduation requirements for the unit of instruction are consistent with the stated objectives of the unit of instruction and with Section 3-17 of the Act, when applicable.
3) Curriculum. The content of the curriculum ensures that the objectives of the unit of instruction will be achieved.
A) The range of total number of credit hours required for completion of an associate degree curriculum shall be within the following parameters:
i) For the Associate in Arts degree and the Associate in Science degree, a total requirement of not less than 60 semester credit hours nor more than 64 semester credit hours or the quarter credit hour equivalent;
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ii) For the Associate in Fine Arts and the Associate in Engineering Science degree, a total requirement of not less than 60 semester credit hours nor more than 68 semester credit hours or the quarter credit hour equivalent;
iii) For the Associate in Applied Science degree, a total requirement of not less than 60 semester credit hours nor more than 72 semester credit hours or the quarter credit hour equivalent, except in such occupational fields in which accreditation or licensure by a state or national organization requires additional coursework; and
iv) For the Associate in General Studies degree, a total requirement of not less than 60 semester credit hours nor more than 64 semester credit hours or the quarter credit hour equivalent.
B) An associate degree curriculum shall include a specific general education component consisting of coursework in communication, arts and humanities, social and behavioral sciences, and mathematics and science within the following parameters:
i) For the Associate in Arts degree and the Associate in Science degree, the general education component required will represent at least 37 semester credit hours or the quarter hour equivalent for completion;
ii) For the Associate in Fine Arts degree, the general education component required will represent at least 25 semester credit hours or the quarter hour equivalent for completion;
iii) For the Associate in Engineering Science degree, the general education component required will represent at least 19 semester credit hours or the quarter hour equivalent for completion;
iv) For the Associate in Applied Science degree, the general education component required will represent at least 15
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semester credit hour or the quarter hour equivalent for completion; and
v) For the Associate in General Studies degree, the general education component required will represent no less than 20 semester credit hours or the quarter hour equivalent for completion.
4) Faculty and Staff
A) The academic preparation and experience of faculty and staff ensure that students receive education consistent with the objectives of the unit of instruction.
B) The involvement of faculty in the unit of instruction is sufficient to cover the various fields of knowledge encompassed by the curriculum, to sustain scholarship appropriate to the unit of instruction, and to ensure curriculum continuity.
C) Support personnel, including counselors, administrators, clinical supervisors, and technical staff, have the educational background and experience necessary to carry out their assigned responsibilities.
5) Support Services
A) Facilities, equipment, and instructional resources (e.g., laboratory supplies and equipment, instructional materials, computation equipment) necessary to provide quality instruction will be available and maintained.
B) Library holdings and acquisitions necessary to support quality instruction and scholarship are available, accessible and maintained.
C) Provision is made for the guidance and counseling of students, the evaluation of student performance, the continuous monitoring of progress of students toward their degree or certificate objectives, the placement of completers of the unit of instruction, and
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appropriate academic record keeping.
6) Financing
A) The financial commitments to support the unit of instruction are sufficient to ensure that the stated objectives can be attained and that the faculty, staff and support services necessary to offer the unit of instruction can be acquired and maintained.
B) Projections of revenues necessary to support the unit of instruction are based upon supportable estimates of general revenue, student tuition and fees, private gifts, and/or governmental grants and contracts.
7) Public Information The information that the college provides to students and the public accurately describes: the unit of instruction offered; the objectives of the unit of instruction; length of the unit of instruction; residency requirements, if any; schedule of tuition, fees and all other charges and expenses necessary for completion of the unit of instruction; cancellation and refund policies; and such other material facts concerning the college and the unit of instruction as are likely to affect the decision of the student to enroll.
8) Accreditation and Credentialing
A) Appropriate steps have been taken to ensure that accreditation of the proposed new unit of instruction will be granted in a reasonable time.
B) The proposed new unit will provide the skills required to obtain individual credentialing (certification, licensure, registration) needed for entry into an occupation as specified in the objectives of the proposed new unit of instruction.
9) Program Needs and Priorities
A) The unit of instruction must be educationally and economically justified based on the educational priorities and needs of the
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citizens of Illinois and the college's district.
B) The unit of instruction meets a need that is not currently met by units of instruction that are offered by other institutions in the district. b) Approval of New Administrative Units of Research or Public Service. An application for approval of a proposed new administrative unit of research or public service shall be submitted to the ICCB on forms provided by ICCB. The criteria for approval of new administrative units of public service or research are:
1) The proposed new administrative unit shall be authorized by the board of trustees;
2) The objectives of the proposed new administrative unit are consistent with the mission of the college (see 110 ILCS/1-2(e));
3) The proposed new administrative unit shall meet a district's need to deliver a public service or research program which cannot be met through the district's current structure as indicated by an organizational chart;
4) The proposed new administrative unit shall administer at least one public service or research program;
5) The needs assessment demonstrates that the demand for the public service or research program to be administered by the proposed new unit shall be continuous for at least three years; and
6) The district shall provide evidence that the resources for the facilities, equipment and materials, and staff necessary to provide a quality program or service shall be made available to the proposed new administrative unit. c) Withdrawal. An approved unit of instruction, public service, or research may be withdrawn by the college when it decides to suspend operation of the unit. The withdrawal request shall be submitted to ICCB through an electronic exchange system. Withdrawal of a curriculum will require reassignment of related courses. d) Reasonable and Moderate Extensions
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1) An approved unit of instruction, public service, or research may be modified or extended by the college within the parameters listed in subsections (d)(2) through (4). The college shall notify ICCB of the extensions on forms provided by ICCB.
2) Reasonable and moderate extensions of previously approved units of instruction include:
A) The addition, modification or withdrawal of courses within an approved unit of instruction that does not alter the objectives of the unit of instruction.
B) A change in minimum credit hours for completion of an approved unit of instruction that does not affect the instructional level of the unit of instruction.
C) A change in title of an approved unit of instruction that does not indicate a different objective of the unit than that previously approved.
D) The creation of an option (major, concentration or specialization) within an approved unit of instruction in which:
i) the option created is within the same general academic discipline or occupational field as the previously approved unit of instruction;
ii) the option created within a previously approved associate degree curriculum shares a common core of first-year courses with the previously approved unit of instruction; and
iii) the option created does not substitute more than 15 semester credit hours of other courses for courses previously approved as part of an associate degree curriculum or cluster of closely related curricula, e.g., from the same four-digit CIP code or substitute more than 9 semester credit hours of other courses for courses previously approved as part of a certificate curriculum (or
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closely related cluster) of 30 semester credit hours or more.
E) The creation of certificate curricula from previously approved associate degree curricula and certificate curricula, including closely related curricula; e.g., from the same four-digit CIP code, providing no more than 6 semester credit hours are substituted for certificates of up to 30 semester credit hours or no more than 9 semester credit hours are substituted in certificates of 30 semester credit hours or more.
F) The creation of certificate curricula of less than seven semester credit hours from previously approved associate degree curricula and certificate curriculum from the same two-digit CIP code.
G) Modifications. An approved unit of instruction, public service or research may be modified by the colleges within the parameters listed in subsection (d)(2)(D). The college shall notify ICCB of the modifications through an electronic exchange system. Modifications to existing units of instruction include:
i) The addition, modification or withdrawal of courses within an approved unit of instruction that does not alter the objectives of the unit of instruction;
ii) A change in minimum credit hours for completion of an approved unit of instruction that does not affect the instructional level of the unit of instruction;
iii) A change in title of an approved unit of instruction that does not indicate a different objective of the unit than that previously approved; or
iv) A change in program/course classification code that does not alter the objectives of the unit of instruction.
3) Reasonable and moderate extensions of previously approved units of research or public service include units with an annual operating expenditure from whatever source of less than $250,000 or an annual operating expenditure from state appropriations of less than $50,000.
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4) Reasonable and moderate extensions of previously approved units of administration include any administrative reorganization of a college. e) Approval in a Multi-College District. Approval of new units of instruction, research, or public service in a multi-college district will be for a specific college. Transfer of a unit to, or duplication of a unit by, other colleges within the district constitutes a new unit requiring approval by the ICCB. However, up to 9 hours of a program approved at one college may be offered by any other college in the district at the option of the Board. f) Inactivation. When a college no longer offers an approved unit of instruction to additional new students, that unit of instruction shall be reported to the ICCB and shall be removed from the college catalog and other documents advertising the program offerings to the public. An inactive unit of instruction shall be maintained on the ICCB Curriculum Inventory File with the date that it became inactive for a period of at least 10 years. The effective date that a unit of instruction becomes inactive shall be determined by the college. g) Reactivation. A unit of instruction that has been inactivated by a college may be reactivated by submitting the materials outlined in subsection (a) for review and approval by ICCB.
1) A unit of instruction that has been inactive for less than three years may be reactivated by the college once it has completed the following:
A) Obtained approval to reactivate the program from its chief executive administrator;
B) Obtained approval to reactivate the program from agencies that license, certify, or accredit the program, if appropriate; and
C) Submitted a request for reactivation and an updated copy of the curriculum to ICCB.
2) A unit of instruction that has been inactive for three to 10 years may be reactivated by the ICCB Executive Director if the college has completed the following:
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A) Obtained approval to reactivate the program from its chief executive administrator;
B) Obtained approval to reactivate the program from agencies that license, certify or accredit the program, if appropriate;
C) Demonstrated through local surveys or State labor market data that the labor market demand and supply shows a need for graduates of the program;
D) Conducted a review of the program with representatives from business and industry including on-site visits and advice regarding current technologies and equipment;
E) Demonstrated, in accordance with subsections (a)(5) and (a)(6), that the college has adequate facilities, equipment and financial resources to offer a quality program;
F) Demonstrated, in accordance with Section 1501.303(f), that the college has available qualified faculty to provide the instruction for the program; and
G) Submitted a request for the reactivation and an updated copy of the curriculum to ICCB.
3) A unit of instruction that has been inactive for over 10 years may be reactivated by following the new unit approval process described in subsection (a). h) Discontinuation of Programs. The ICCB may discontinue programs thatfail to reflect the educational needs of the area being served as follows:
1) Programs that do not meet standards of need, quality and cost effectiveness may be discontinued by the ICCB. This determination shall be made based on review and collective findings of information available to the ICCB through ICCB and Illinois Board of Higher Education program review, evaluation and productivity processes; the ICCB Management Information System; and other sources of pertinent information on the following criteria:
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A) Program need, including educational priorities of the district, accessibility, credit hours generated, enrollments, completions, and labor market supply and demand.
B) Program quality, including job placement or education continuation, program content, academic control, faculty qualifications, and accreditation and credentialing.
C) Program costs, including adequacy of financial support and unit costs.
2) ICCB will use special State-level analyses to identify programs that appear to be of questionable need, cost or quality based on State data. Programs identified through State-level analysis will be referred to the colleges to enable them to evaluate the programs in detail in their normal process and to obtain the results and comments from the local level.
3) ICCB will notify college districts of programs being considered for discontinuation and shall grant the district 60 days to respond to concerns regarding the program in question before action by the Board. This information shall be taken into account in determining if a program should be discontinued by the ICCB.
4) Once a program is discontinued by the ICCB and the appeal process is concluded, the college must inactivate the program by not enrolling any additional new students and develop a plan for an orderly discontinuation of the program for students currently enrolled. Programs discontinued by the ICCB may be reestablished by obtaining approval as a new unit of instruction under subsection (a).
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 1501.305 College, Branch, Campus, and Extension Centers
a) Approval of a New College. An application for approval for a proposed new college shall be submitted to ICCB on forms provided by ICCB. The criteria for approval of a new college are:
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1) The proposed college shall be authorized by the Board of Trustees.
2) The proposed college shall meet educational needs that cannot be met within that area of the district as demonstrated by a needs assessment. The needs assessment shall include identification of all other educational institutions providing postsecondary education within a 30-mile radius of the proposed college, identification of student demand for postsecondary education by program area within the service area of the proposed college, a statement on how the establishment of the proposed college will impact the enrollments on these postsecondary educational institutions within a 30-mile radius of the proposed college, a statement on how the establishment of the proposed college will impact the current enrollments of the district's present colleges, and of student enrollments for the proposed college.
3) The proposed college shall provide a comprehensive program of instruction as specified in Section 1-2(e)101-2(e) of the Act.
4) The district shall certify that the resources for the facilities, equipment, instructional materials, library holdings, and faculty and staff necessary to provide quality instruction pursuant to Section 1501.302 shall be made available to the proposed college.
5) The needs assessment substantiates that the student enrollment for the proposed college shall be at least 1,000 full-time equivalent students (30,000 semester credit hours) per year by the second full year of operation.
6) The district shall have at least $150 million of assessed valuation for each of its colleges, including the proposed college.
7) The proposed college shall serve a population of at least 60,000 or a geographic area of at least three entire counties.
8) The plans to obtain regional accreditation for the proposed college have been developed. b) Approval of a Branch or Campus. An application for approval of a proposed branch or campus shall be submitted to ICCB on forms provided by ICCB. The
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criteria for approval of a branch or campus are:
1) The proposed branch or campus shall be authorized by the Board of Trustees.
2) The proposed branch or campus shall meet educational needs that cannot be met in that area of the district as demonstrated by a needs assessment.
3) The college shall certify that resources for facilities, equipment, instructional materials, library holdings, and faculty and staff necessary to provide quality instruction pursuant to Section 1501.302 shall be made available to the proposed branch or campus.
4) The proposed branch or campus shall provide student and academic support services on site that are adequate pursuant to Section 1501.302 to support the curricula offered and the students in attendance at the branch or campus. c) To qualify for a grant of up to $100,000 for the establishment of a college, campus or branch once approval has been granted by the ICCB, all of the following conditions must be met:
1) The college, campus or branch shall meet the conditions specified in Section 3-12.2 of the Act.
2) The college district shall request the ICCB to include the grant in its budget request submitted to IBHE and shall include a justification of the need and proposed use of the grant.
3) Funds for the college, campus or branch shall have been appropriated. cd) Extension Centers. An extension center located within the community college district is a reasonable and moderate extension of a college and may be established at the discretion of the district's Board of Trustees. An extension center located outside the community college district requires ICCB approval under Section 1501.307.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
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Section 1501.307 Cooperative Agreements and Contracts
Cooperative agreements and contracts with other Illinois educational agencies and those out of state may be established for the purpose of providing more accessible instructional services to students and increasing efficiency in the use of educational resources. An application for approval shall be submitted to ICCB on forms provided by ICCB., subject to the following conditions:
a) A new unit of instruction to be offered by a community college solely through a cooperative agreement or contract with another educational agency is subject to approval by the ICCB as indicated in Section 1501.302.
b) Agreements with Secondary Schools. If a community college enters into a cooperative agreement or contract with a secondary school to provide advanced or specialized secondary-level courses in either the academic or vocational field, the college shall charge the secondary school the per capita cost of offering such instruction, in which case the college shall not claim ICCB credit hour grants for these secondary school students, or the college shall charge the secondary school for secondary school student participation in accordance with a joint agreement between the college and the secondary school district under Section 10-22.20a of the School Code [105 ILCS 5/10-22.20a]. When charges are made pursuant to a joint agreement, credit hour grants may be claimed in accordance with Section 1501.507.
ac) In-District Cooperative Agreements for Instruction. A community college district may enter into in-district contractual arrangements to deliver or obtainprovide educational programs or services within its district for previously approved units of instruction upon approval by the ICCB. Copies of these contractual arrangements shall be kept on file at the district central administrative office. Criteria for the approval of in-district agreements for instruction shall be:
1) accessibility of instruction to students;
2) labor market need;
3) cost-effectiveness in providing instructional programs;
4) comprehensiveness of available programs for student;
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5) impact on regional and statewide programs;
6) impact on programs at neighboring community college districts, applicable only if the college is delivering service outside its district; and
7) the partnering entity's past experience in offering similar units of instruction, applicable only if partnering to obtain services. bd) Interdistrict Cooperative Agreements for Instruction. A community college district may enter into interdistrict contractual arrangements with another community college district to enable its students to attend the other district's programsprogram(s)/coursescourse(s) upon approval by the ICCB.
1) Criteria for the approval of interdistrict agreements for instruction shall be:
A) accessibility of instruction to students
B) labor market need
C) comprehensiveness of available programs for students
D) cost-effectiveness in providing instructional programs
E) impact on regional and statewide programs
F) impact on programs at neighboring community college districts
12) The curricula included in the cooperative agreement for instruction shall be listed in the catalog of the college that does not have the program but is making it available to its students through a contractual arrangement with another college. A copy of the listing shall be kept on file at the district central administrative office.
23) Interdistrict Cooperative Agreements may be entered into for courses and/or curricula offered through Illinois Community Colleges Online. The cooperative agreement shallmay specify that the programs/courses will be approved as programs/courses of the receiving district and will be included in the receiving district's Illinois Community College Board curricula and course master files as such. This agreement would allow the receiving institution to offer the program only through online delivery
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through the sending college. The sending institution will be the institution of academic control of the course/curriculum.ICCB approval for such agreements will be based on the following:
1) a request for approval must be filed in a format specified by the ICCB;
2) the request must be accompanied by a draft cooperative agreement and a signed statement of agreement that the program/course will be offered only through online delivery and that both the sending and receiving institutions agree that the sending institution will be the institution of academic control of the course/curriculum;
3) the receiving institution must notify ICCB if and when the cooperative agreement is no longer operational so that the program/course can be removed from the approved ICCB program/course file. ce) Copies of these contractual arrangements shall be kept on file at the district central administrative office.Out-of-District Cooperative Agreements for Instruction. A community college district may enter into contractual arrangements with other public or nonpublic institutions of higher education for the delivery of units of instruction upon approval by ICCB. Criteria for approval of out-of-district agreements for instruction shall be:
1) accessibility of instruction to students
2) labor market need
3) comprehensiveness of available programs for students
4) cost-effectiveness in providing instructional programs
5) impact on regional and statewide programs
6) impact on programs at neighboring community college districts f) Changes, revisions, or additions to cooperative agreements previously approved by the ICCB are reasonable and moderate extensions and must be reported to the ICCB prior to implementation.
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g) Extension of Curricula/Credit Courses into Another Community College District.
1) A community college may extend previously approved credit courses into another community college district with approval of the other community college district.
2) A community college may extend previously approved curricula into another community college district upon approval of the ICCB. Criteria for approval shall be:
A) a request from the community college district in which the proposed extension is to be offered
B) labor market need
C) cost-effectiveness in providing instructional programs
D) adequacy of facilities and support services
E) impact on regional and statewide programs
F) impact on programs at neighboring community college districts
3) If a district in which military installations, correctional institutions, or other state or federal institutions are located elects not to provide previously approved units of instruction to these institutions, any other college may apply to the ICCB to do so. If more than one college applies, the ICCB will select a college using the following criteria:
A) The proximity of the college to the institution.
B) The availability at the college of the instructional units needed by the institution.
C) The cost of providing the instructional units for the institution.
D) The college's past experience in offering similar units of instruction.
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h) Extension of Curricula/Credit Courses Out of State. Curricula and credit courses offered at out-of-state locations (except for field trips and travel that are in conjunction with a course offered within the district) must have prior annual approval by the ICCB. A community college shall be granted approval to offer previously approved curricula and credit courses out of state provided that it meets the following criteria:
1) A request for approval including information about the curricula and courses, location of the proposed extension, projected enrollments, and projected funding is submitted on forms provided by the ICCB.
2) The college shall identify how the extension will be used by students to complete degree or certificate programs.
3) If the extension is offered for out-of-state students, the college shall submit a copy of a written request from the group desiring the service and assurance that no state or local tax monies will be used to provide such extensions.
4) The college shall submit annual reports of its out-of-state extensions for the past fiscal year, on forms provided by the ICCB, by July 15 of each year.
5) The college shall request approval of its out-of-state extensions, on forms provided by the ICCB, prior to May 15 for the fiscal year beginning on the next July 1.
6) Deletion, modification, or addition of courses and curricula offered at out- of-state extensions previously approved by the ICCB are reasonable and moderate extensions and must be reported to the ICCB.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 1501.309 Course Classification and Applicability
a) Course Classification. Information on courses for which credit is to be awarded shall be submitted to ICCB through an electronic exchange system in order for the courses to be classified into appropriate instructional and funding categories and
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added to the college's Management Information System (MIS) Course Master File. b) Course Credit Hour Determination
1) Credit hours for courses for which ICCB credit hour grants are to be claimed shall be determined on the basis of an expected 45 hours of combined classroom/laboratory and study time for each semester hour or 30 hours of that time for each quarter credit hour.
2) Lecture Courses. Courses with students participating in lecture/discussion oriented instruction shall be assigned one semester credit hour or equivalent for each 15 classroom contact hours, at a minimum, of instruction per semester or equivalent. It is assumed that two hours of outside study will be invested for each classroom contact hour.
3) Laboratory Courses. Courses in which students participate in laboratory/clinical-laboratory oriented instruction shall be assigned one semester credit hour or equivalent for each 30-45 classroom contact hours, at a minimum, of instruction per semester or equivalent. It is assumed that one hour of outside study will be invested for each two laboratory contact hours.
4) Clinical Practicum courses. Courses in which students participate in clinical practical experiences shall receive one semester credit hour or equivalent each 30-60 contact hours, at a minimum, per semester or equivalent. It is expected that one hour of outside study time will be invested for each two clinical practicum contact hours.
5) Internship Courses. Courses in which students participate in nonclinical internship, practicum, or on-the-job supervised instruction shall receive one semester credit hour or equivalent for each 75-149 contact hours, at a minimum, per semester credit hour or equivalent.
6) Students who participate in an approved program with an intensified or accelerated schedule shall be exempt from the contact hour requirements of this subsection (b). c) Course Syllabus. A syllabus shall be developed and maintained for each credit
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course and shall be available to the public and students upon request. A syllabus contains the description of the course, specific objectives of the course, a topical outline, and the method for evaluating student performance. d) Course Applicability. All credit courses must be part of an approved unit of instruction (see Section 1501.302), and the approved unit of instruction for each course shall be indicated on the college's ICCB MIS Course Master File.
1) Lower-division Baccalaureate Courses. Courses designed to meet lower- division baccalaureate degree requirements shall be applicable to associate transfer degrees. For each baccalaureate course offered, the college shall either obtain approval for the course to be listed as a Statewide articulated transfer course by a general education or baccalaureate major panel of the Illinois Articulation Initiative or maintain current written articulation agreements or transfer equivalency documents with:
A) at least three Illinois public universities;
B) at least three baccalaureate degree-granting institutions to which a majority (51%) of the college's students transfer; or
C) one or more baccalaureate degree-granting institutions to which a majority (51%) of the college's students, majoring in the field for which the course is required, transfer.
2) GECC Credential. Upon a student's completion of the GECC, a college is authorized to award a GECC credential, which shall, at a minimum, consist of a notation on a transcript for the student achieving the credential.
3) Remedial Course Credit. No remedial course credit shall be applicable to associate degrees designed for transfer to institutions granting baccalaureate degrees.
4) Adult Basic Education Course Credit. No adult basic education course credit applies to degrees or to certificates, except the Adult Basic Education Certificate.
5) Adult Secondary Education Course Credit. No adult secondary or college
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preparatory education course credit applies to degrees or certificates, except the Adult Secondary Education Certificate.
6) Career and Technical Education Course Credit. Courses designed to prepare individuals with a technical skill shall be applicable towards the requirements or electives for completion of an associate's degree (applied or transfer) or a career and technical education certificate.
7) General Studies Course Credit. General studies course credit applies only to the Personal Development; Homemaking; Improving Family Circumstances; Intellectual and Cultural Studies; Community and Civic Development; and Health, Safety and Environment Certificates. e) Special Upper-Division Courses
1) A college may offer any course that is offered by a university, regardless of numbering system, if the university normally permits its own students to take the course as lower-division students. These courses will be eligible for ICCB grants, if they meet all other criteria.
2) If at least three public universities in Illinois agree, or if a public university that is the principal recipient of transfers from the community college agrees, certain special courses taught at the upper-division level may be offered by a college and be eligible for ICCB grants, provided they meet all other criteria. f) Independent Study. Independent Study course credit shall not exceed 25 percent of the credit hour requirements for a student to earn an associate degree. The topic of an independent study course shall be listed on the student's permanent academic record. g) Internships. An internship experience for credit that is designed to provide the student an opportunity to put into practice the theories and techniques learned in the classroom/laboratory shall be applicable to an associate degree or certificate, provided at least 12 semester credit hours or equivalent in the corresponding curriculum are completed by the student before, or are taken by the student concurrently with, the experience. h) Courses Approved as Repeatable
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1) Courses in which the content varies from term to term or from student to student (e.g., independent study, special topics, and internship courses) or in which a student is expected to gain increased depth of knowledge and skill through repetition shall, at the request of the college, be approved for repeatability under the following conditions:
A) The number of times the course may be taken for credit does not exceed four times, or the semester or quarter equivalent, e.g., a single course can be taken one time and repeated no more than three times per student;
B) The method of determining the amount of credit to be awarded for each section of the course, for each term, or for each student is specified in the college's catalog, on the course syllabus, and on the course classification form, and the subject matter and number of credits for which the student enrolled is specified on the student's permanent academic record;
C) The college's catalog, the course syllabus, and the course classification form requesting approval of repeatability by the ICCB indicate the number of such credits that will apply to degree or certificate completion for a single course or a combination of related courses; and
D) The total number of credit hours for a single course or for a combination of related courses that are applicable to degree or certificate completion does not exceed the maximums established in subsection (b) governing credit hour determination, subsection (f) governing independent study, or Section 1501.507(b)(10) governing the maximum rate of credit hour production.
2) Vocational skill courses that must be retaken periodically by law for persons employed in an occupation or vocation to maintain employment shall, at the request of the college, be approved for repeatability beyond the limits described in subsection (h)(1)(A) under the following conditions:
A) The content of the course is determined by law and does not
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change from one year to the next; and
B) A copy of the law (or regulation administering it) and a course syllabus accompany the course classification form requesting repeatability.
3) An adult basic, adult secondary, or a remedial education course that is organized into discrete modules and offered for variable credit shall, at the request of the college, be approved for repeatability under the following conditions:
A) No discrete module is repeated more than three times;
B) The title of a module completed and the grade received is permanently recorded on the student's permanent academic record; and
C) The content and number of credit hours for a discrete module is shown on the course syllabus and on the course classification form requesting approval of repeatability by ICCB.
4) An adult basic, adult secondary or remedial education course that is not organized into discrete modules shall, at the request of the college, be approved for repeatability under the following conditions:
A) The number of times the course may be taken for credit does not exceed four times, or the semester or quarter equivalent; e.g., a single course can be taken one time and repeated no more than three times per student.
B) The variety of skill levels included in the course and the methods used to accommodate individual differences based on an assessment of student skills is specified in the course syllabus; and
C) The course title and the grade received is permanently recorded on the student's academic record each time that the course is taken.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
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Section 1501.312 Extension of Curricula/Credit Courses
a) A community college may extend previously approved credit courses into another community college district with approval of the other community college district.
b) A community college may extend previously approved curricula into another community college district upon approval of ICCB. Criteria for approval shall be:
1) a request from the community college district in which the proposed extension is to be offered;
2) labor market need;
3) cost-effectiveness in providing instructional programs;
4) adequacy of facilities and support services;
5) impact on regional and statewide programs; and
6) impact on programs at neighboring community college districts.
c) If a district in which military installations, correctional institutions, or other State or federal institutions are located elects not to provide previously approved units of instruction to these institutions, any other college may apply to ICCB to do so. If more than one college applies, ICCB will select a college using the following criteria:
1) proximity of the college to the institution;
2) availability at the college of the instructional units needed by the institution;
3) cost of providing the instructional units for the institution; and
4) college's past experience in offering similar units of instruction.
d) Curricula and credit courses offered at out-of-state locations (except for field trips and travel that are in conjunction with a course offered within the district) must have prior annual approval by ICCB. A community college shall be granted
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approval to offer previously approved curricula and credit courses out of State provided that it meets the following criteria:
1) A request for approval including information about the curricula and courses, location of the proposed extension, projected enrollments, and projected funding is submitted on forms provided by ICCB.
2) The college shall identify how the extension will be used by students to complete degree or certificate programs.
3) If the extension is offered for out-of-state students, the college shall submit a copy of a written request from the group desiring the service and assurance that no State or local tax monies will be used to provide the extension.
4) The college shall submit annual reports of its out-of-state extensions for the past fiscal year, on forms provided by ICCB, by July 15 of each year.
5) The college shall request approval of its out-of-state extensions, on forms provided by ICCB, prior to May 15 for the fiscal year beginning on the next July 1.
6) Deletion, modification or addition of courses and curricula offered at out- of-state extensions previously approved by ICCB are reasonable and moderate extensions and must be reported to ICCB.
(Source: Added at 44 Ill. Reg. ______, effective ______)
Section 1501.313 Dual Credit
a) Dual credit courses offered by the college for high school students during the regular school day shall be college-level and shall meet the following requirements:
1) State Laws and Regulations and Accreditation Standards. All State laws, ICCB regulations, accreditation standards specified by the Higher Learning Commission, and local college policies that apply to courses, instructional procedures, and academic standards at the college apply to college-level courses offered by the college on campus, at off-campus
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sites, and at secondary schools. These policies, regulations, instructional procedures, and academic standards apply to students, faculty and staff associated with these courses.
2) Instructors. The instructors for these courses shall be selected, employed and reviewed by the community college. They shall be selected from individuals with appropriate credentials and demonstrated teaching competencies at the college level.
A) For instructors teaching transfer courses (1.1 PCS (in the ICCB Program Classification System)), these qualifications shall include a minimum of a master's degree within the discipline or any master's degree with 18 graduate hours appropriate to the academic field of study or in the discipline in which the instructors will be teaching.
B) High school instructors teaching dual credit transfer courses who do not meet the faculty credential standards of this subsection (a)(2) to determine minimally qualified faculty may teach dual credit courses if the instructor has a professional development plan, approved by the college and shared with the State Board of Education, by December 31, 2022, to raise his or her credentials to be in line with these credentials.
i) The college shall have 30 days to review the plan and approve an instructor professional development plan that is in line with the credentials appropriate to the discipline being taught.
ii) These approvals shall be good for as long as satisfactory progress toward the completion of the credential is demonstrated, but in no event shall a professional development plan be in effect for more than 3 years from the date of its approval.
iii) The instructor shall qualify for a professional development plan if the instructor has a master's degree in any discipline and has earned 9 graduate hours in a discipline
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in which he or she is currently teaching or expects to teach; or
• Has a bachelor's degree with a minimum of 18 graduate hours in a discipline that he or she is currently teaching or expects to teach; and
• Agrees to demonstrate his or her progress toward completion to the supervising college, as outlined in the professional development plan. [110 ILCS 27/20(1)(B)]
iv) The provisions of this subsection (a)(2)(B) shall not apply after December 31, 2022.
C) For instructors teaching career and technical education (1.2 PCS) courses, these qualifications shall include 2,000 hours of work experience and appropriate recognizable credentials and demonstrated teaching competencies appropriate to the field of instruction.
3) Qualification of Students. Students accepted for enrollment in college- level courses must have appropriate academic qualifications, a high level of motivation, and adequate time to devote to studying a college-level course. The students' course selections shall be made in consultation with high school counselors and/or principals and are restricted to students who are able to demonstrate readiness for college-level work, as determined by placement procedures consistent with those that would be used with college level students. The students shall meet all college criteria and follow all college procedures for enrolling in courses. Credit hours generated by freshman and sophomore students for dual credit courses are not eligible for reimbursement.
4) Placement Testing and Prerequisites. High school students enrolling in college-level courses must satisfy the same course placement tests or course prerequisites as other college level students, when applicable, to assure that they are qualified and prepared.
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5) Course Offerings. Courses shall be selected from transfer courses that are direct equivalents of those of baccalaureate institutions in Illinois (i.e., have been articulated) (see 23 Ill. Adm. Code 1501.309(d)) or from courses in ICCB approved certificate or associate in applied science degree programs.
6) Course Requirements. The course outlines utilized for these courses shall be the same as for courses offered on campus and at other off-campus sites and shall contain the content articulated with colleges and universities in the State. Course prerequisites, descriptions, outlines, requirements, learning outcomes and methods of evaluating students shall be the same as for on-campus offerings.
7) Concurrent Credit. The determination of whether a college course is offered for concurrent high school and college credit shall be made at the secondary level, according to the school's policies and the practices of the district. b) A community college district shall, upon the request of a school district within the jurisdiction of the community college district, enter into a partnership agreement with the school district to offer dual credit coursework.
1) A school district may offer any course identified in the Illinois Articulation Initiative General Education Core Curriculum package under the Illinois Articulation Initiative Act [110 ILCS 152] as a dual credit course on the campus of a high school of the school district and may use a high school instructor who has met the academic credential requirements under this subsection (b) to teach the dual credit course. [110 ILCS 27]
2) The partnership agreement shall include all of the following:
A) definition of roles and responsibilities for both the college and the high school;
B) the dual credit courses that the high school district will offer its students and location of courses;
C) criteria for eligibility for high school students to enroll in dual credit coursework;
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D) limitations that the college or school district may have on course offerings;
E) requirements for academic credentials for dual credit instructors, consistent with ICCB rules and Higher Learning Commission standards;
F) criteria by which the school district shall identify, and the college review and approve, high school instructors of dual credit on the high school campus;
G) criteria as to how the college will take appropriate steps to ensure that dual credit courses are equivalent to those offered at the community college; and
H) identification of costs associated with the dual credit course.
3) The college shall establish a mechanism for evaluating and documenting on a regular basis the performance of students who complete dual credit courses consistent with students in traditional credit-bearing college courses.
4) If, within 180 calendar days after the school district's initial request to enter into a partnership agreement with the community college district, the school district and the community college district do not reach agreement on the partnership agreement, then the school district and community college district shall jointly implement the provisions of the Model Partnership Agreement, published on the ICCB website. [110 ILCS 27/16]
5) A college may combine its negotiations with multiple high schools to establish one multi-district partnership agreement or may negotiate individual partnership agreements at its discretion.
(Source: Added at 44 Ill. Reg. ______, effective ______)
SUBPART E: FINANCE
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Section 1501.507 Credit Hour Claims
a) Claims. Claims for credit hours shall be submitted within 30 days after the end of each term in a format used by ICCB.
b) Course Requirements. Courses that produce credit hours eligible for ICCB grants shall satisfy the following requirements:
1) Courses shall be offered for the number of credit hours for which they are approved by ICCB.
2) Courses that have variable credit hours shall be claimed in specified increments only up to the maximum credit value approved for the course.
3) Course data shall be posted to the permanent academic record of each student claimed.
4) Courses shall be a part of units of instruction that have been approved by ICCB, or the courses must be authorized extensions of existing units of instruction.
5) Courses shall have specific written objectives.
6) A course outline shall be available for review by any student or citizen.
7) Courses shall have a method of evaluating student performance that follows the adopted college grading system.
8) Courses shall follow the adopted college policies on student tuition.
9) The following categories of physical education courses shall be the only ones to produce eligible credit hours:
A) electiveElective physical education courses;
B) requiredRequired courses for majors and minors in physical education, recreational leadership, and related programs;
C) physicalPhysical education courses in teacher education programs
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as required by the State Educator Preparation and Licensure Board.
10) Courses shall produce a maximum rate of one semester credit hour or equivalent per week. Requests for exceptions to this requirement may be submitted to ICCB. The criteria utilized by ICCB for exceptions shall include:
A) documentation of need for an intensified or accelerated schedule;
B) student population identified with testing and/or screening to indicate special needs and/or competencies;
C) how courses are instructed, including schedule of classes, study time allotted for students, method of instruction and how students are evaluated;
D) time period of instructional activity and projected termination date;
E) procedures to evaluate the accelerated instructional activity.
11) Dual Credit courses offered by the college for high school students during the regular school day shall be college-level and shall meet the following requirements:
A) State Laws and Regulations and Accreditation Standards. All State laws, ICCB regulations, accreditation standards specified by the North Central Association, and local college policies that apply to courses, instructional procedures and academic standards at the college apply to college-level courses offered by the college on campus, at off-campus sites, and at secondary schools. These policies, regulations, instructional procedures and academic standards apply to students, faculty and staff associated with these courses.
B) Instructors. The instructors for these courses shall be selected, employed and evaluated by the community college. They shall be selected from individuals with appropriate credentials and demonstrated teaching competencies at the college level. For transfer courses (1.1 PCS (in the ICCB Program Classification
ILLINOIS REGISTER 11350 20 ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF PROPOSED AMENDMENTS
System)), these qualifications shall include a minimum of a Master's Degree with 18 graduate hours appropriate to the academic field of study or in the discipline in which they will be teaching. For career and technical education (1.2 PCS) courses, these qualifications shall include 2,000 hours of work experience and appropriate recognizable credentials, depending on the specific field.
C) Qualification of Students. Students accepted for enrollment in college-level courses must have appropriate academic qualifications, a high level of motivation, and adequate time to devote to studying a college-level course. The students' course selections shall be made in consultation with high school counselors and/or principals and are restricted to students who are able to demonstrate readiness for college-level work, as determined by placement procedures consistent with those that would be used with college level students. The students shall meet all college criteria and follow all college procedures for enrolling in courses. Credit hours generated by freshman and sophomore students for dual credit courses are not eligible for reimbursement.
D) Placement Testing and Prerequisites. High school students enrolling in college-level courses must satisfy the same course placement tests or course prerequisites as other college level students, when applicable, to assure that they are qualified and prepared.
E) Course Offerings. Courses shall be selected from transfer courses that have been articulated with baccalaureate institutions in Illinois (see 23 Ill. Adm. Code 1501.309(d)) or from courses in ICCB approved certificate or associate in applied science degree programs.
F) Course Requirements. The course outlines utilized for these courses shall be the same as for courses offered on campus and at other off-campus sites and shall contain the content articulated with colleges and universities in the State. Course prerequisites, descriptions, outlines, requirements, learning outcomes and methods of evaluating students shall be the same as for on-campus
ILLINOIS REGISTER 11351 20 ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF PROPOSED AMENDMENTS
offerings.
G) Concurrent Credit. The determination of whether a college course is offered for concurrent high school and college credit shall be made at the secondary level, according to the school's policies and the practices of the district. c) Student Requirements. The following requirements shall apply to students who generate credit hours eligible for ICCB grants.:
1) Students shall be certified by their instructors as being in attendance at midterm by including a certification statement on the midterm class roster, signed and dated by the instructor.
2) Students who complete a course with a passing grade by the end of the term and who were not certified as being in attendance at midterm by the instructor shall be considered as having been in attendance at midterm.
3) Students enrolled in variable entry/variable exit classes or short-term classes of less than eight weeks may be certified by their instructors as having been in attendance at midterm by including a certification statement on the final class roster, signed and dated by the instructor.
4) Students shall be residents of the State of Illinois.
5) Auditors or visitors in a course shall not produce eligible credit hours.
6) Students who repeat enrollment in a course shall produce credit hours eligible for ICCB grants when one of the following conditions is met.:
A) If the student completed the course the first time of enrollment with less than a grade of C (or equivalent) and if the student was claimed for funding, the student may enroll and be claimed in the course one additional time.;
B) If the student enrolled in the course previously and withdrew before completing the course, and if the student was claimed for funding, the student may enroll and be claimed in the course one additional time.;
ILLINOIS REGISTER 11352 20 ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF PROPOSED AMENDMENTS
C) If a student completed the course previously and was claimed for funding, the student may be claimed for retaking the course if the student uses his/her option to retake the course tuition free under the college's educational guarantee program.;
D) If the last time the student completed the course was at least four years previously, the student may be claimed for funding if the student repeats the course to upgrade his/her skills in that area.; or
E) If a course has been approved by ICCB to be repeated, the student may repeat the course and be claimed as often as approved by ICCB. d) Exceptions. The following credits will not be eligible for ICCB funding:
1) creditCredit by examination;
2) militaryMilitary service credit for physical education;
3) transferTransfer of credit earned at other institutions or in the armed forces;
4) proficiencyProficiency examinations;
5) advancedAdvanced placement credits;
6) otherOther methods of program acceleration that do not include instruction; and.
7) credit hours generated by freshman and sophomore students for dual credit courses. e) Midterm Class List Certification Requirements
1) The midterm class lists' primary purpose shall be for certification of students' credit hours for State funding eligibility or ineligibility.
ILLINOIS REGISTER 11353 20 ILLINOIS COMMUNITY COLLEGE BOARD
NOTICE OF PROPOSED AMENDMENTS
2) The process must rely on the course section's instructor's assessment of the students' pursuit of successful completion at the midpoint of the class, as indicated by that instructor's midterm certification signature.
3) The college shall document and communicate district requirements to faculty each semester.
4) The college must be able to provide, upon request, a hardcopy midterm class list print out of each course section, submitted on ICCB credit hour claims, containing either a manual faculty signature or an authenticated electronic faculty signature for either ICCB or external audit purposes.
5) Students who participate in an approved program with an intensified or accelerated schedule shall be exempt from the midterm class list requirements of this subsection (e) provided that a final class list is provided.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
ILLINOIS REGISTER 11354 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Political Subdivision Emergency Services and Disaster Agencies
2) Code Citation: 29 Ill. Adm. Code 301
3) Section Numbers: Proposed Actions: 301.125 New Section 301.450 Amendment 301.510 Amendment 301.520 Amendment
4) Statutory Authority: Implements and is authorized by Sections 5(f)(4), 5(f)(5.5), and 5(f)(5.10) of the Illinois Emergency Management Agency Act, 20 ILCS 3305.
5) A Complete Description of the Subjects and Issues Involved: IEMA is proposing these amendments to Part 301 to clarify requirements and processes and to allow greater flexibility for IEMA and local emergency services and disaster agencies (ESDAs) when dealing with disasters. Local ESDAs have requirements for training and exercises in order to become accredited by IEMA and receive federal funding. Due to several extreme and extended response to disasters in 2019 and 2020, it has become difficult for local ESDA coordinators to meet the training and exercise requirements for accreditation. Therefore, IEMA is proposing to provide greater flexibility by eliminating timing limits when requesting a waiver of exercise requirements under Section 301.450 and by allowing for the extension of accreditation/certification deadlines in Sections 301.510 and 301.520. In addition, IEMA is adding an exemption/exception provision in order to provide a mechanism for IEMA to meet the needs of local ESDAs when they need relief from requirements due to the responsibilities of their jobs, including responding to disasters.
6) Any published studies or reports, along with the sources of underlying data, that were used when composing this rulemaking, in accordance with 1 Ill Adm. Code 100.355: No
7) Will this rulemaking replace any emergency rule currently in effect? Yes
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? No
ILLINOIS REGISTER 11355 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF PROPOSED AMENDMENTS
11) Statement of Statewide Policy Objective: The requirements imposed by the proposed rulemaking are not expected to require local governments to establish, expand, or modify their activities in such a way as to necessitate additional expenditures from local revenues.
12) Time, Place and Manner in which interested persons may comment on this rulemaking: Comments on this proposed rulemaking may be submitted in writing for a period of 45 days following publication of this Notice. The Agency will consider fully all written comments on this proposed rulemaking submitted during the 45 day comment period. Comments should be submitted to:
Traci Burton, Paralegal Assistant Illinois Emergency Management Agency 1035 Outer Park Drive Springfield IL 62704
217/785-9860
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities or not-for-profit corporations affected: The Agency believes this rulemaking will have no direct impact on any small businesses or not-for-profit corporations. However, this proposed rulemaking could affect small municipalities if they receive certification from their county for emergency management by providing greater flexibility.
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: None
14) Small Business Impact Analysis: None
15) Regulatory Agenda on which this rulemaking was summarized: This proposed rulemaking was not summarized on a regulatory agenda as it was not anticipated in January. The COVID-19 disaster brought the issues resulting in this rulemaking to light.
The full text of the Proposed Amendments begin on the next page:
ILLINOIS REGISTER 11356 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF PROPOSED AMENDMENTS
TITLE 29: EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE CHAPTER I: ILLINOIS EMERGENCY MANAGEMENT AGENCY SUBCHAPTER c: ADMINISTRATION AND ORGANIZATION OF POLITICAL SUBDIVISION EMERGENCY SERVICES AND DISASTER AGENCIES
PART 301 POLITICAL SUBDIVISION EMERGENCY SERVICES AND DISASTER AGENCIES
SUBPART A: GENERAL PROVISIONS
Section 301.110 Purpose, Scope, Applicability 301.120 Definitions 301.125 Waivers, Exemptions, and Exceptions 301.130 Severability 301.140 Multiple County ESDA Consolidation 301.170 Program Requirements
SUBPART B: EMERGENCY OPERATIONS PLAN REQUIREMENTS
Section 301.210 Authority 301.220 Initial Analysis and Assessment 301.230 Basic Plan Requirements 301.240 Functional Annex Requirements 301.250 Hazard Specific Annexes 301.260 Other Annexes (Repealed) 301.280 Supporting Plans
SUBPART C: EMERGENCY OPERATIONS PLAN SUBMISSION AND REVIEW REQUIREMENTS
Section 301.310 EOP Submission and Review Requirements for Mandated ESDAs and Accredited ESDAs 301.320 EOP Submission and Review Requirements for Non-Mandated ESDAs
SUBPART D: EXERCISE REQUIREMENTS
ILLINOIS REGISTER 11357 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF PROPOSED AMENDMENTS
Section 301.410 Exercise Requirements for the Emergency Operations Plan 301.420 Exercise Planning 301.430 Exercise Evaluation and Approval for Mandated ESDAs and Accredited ESDAs 301.440 Exercise Evaluation and Acceptance for Non-Mandated ESDAs 301.450 Waiver of Exercise Requirement
SUBPART E: ACCREDITATION AND CERTIFICATION OF ESDAS
Section 301.510 Accreditation of ESDAs 301.520 Certification of Non-Mandated ESDAs
SUBPART F: WORKERS' COMPENSATION ACT AND WORKERS' OCCUPATIONAL DISEASES ACT COVERAGE FOR VOLUNTEERS
Section 301.610 Authority 301.620 Eligibility 301.630 Procedures for Filing a Claim
SUBPART G: REQUIREMENTS FOR THE EMERGENCY MANAGEMENT ASSISTANCE GRANT PROGRAM
Section 301.710 Purpose 301.720 Eligible Applicants 301.730 Application Procedures 301.740 Allocation Determination 301.750 Reimbursement Procedures 301.760 Reconsideration of Reimbursement Denial
AUTHORITY: Implementing and authorized by Sections 5(f)(4), (5), (5.5), (5.10) and 10 of the Illinois Emergency Management Agency Act [20 ILCS 3305].
SOURCE: Adopted at 26 Ill. Reg. 3036, effective February 26, 2002; amended at 31 Ill. Reg. 11565, effective July 26, 2007; amended at 42 Ill. Reg. 15933, effective July 31, 2018; emergency amendment at 44 Ill. Reg. 10814, effective June 8, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. ______, effective ______.
ILLINOIS REGISTER 11358 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF PROPOSED AMENDMENTS
SUBPART A: GENERAL PROVISIONS
Section 301.125 Waivers, Exemptions, and Exceptions
IEMA may, upon application or upon its own initiative, grant such waivers, exemptions or exceptions from the requirements of this Part as it determines are authorized by law and will not result in undue hazard to public health and safety or property.
(Source: Added at 44 Ill. Reg. ______, effective ______)
SUBPART D: EXERCISE REQUIREMENTS
Section 301.450 Waiver of Exercise Requirement
a) If an actual disaster or emergency occurs during a jurisdiction's four-year exercise cycle, IEMA, or the county for non-mandated unaccredited ESDAs, has the discretion to waive the requirements of this Subpart. In addition to a letter requesting a waiver, ESDAs shall submit the following documentation as directed by IEMA or the county, but no later than 60 days prior to the application for accreditation or certification:
1) MandatedWithin 60 days after the EOC is no longer active, mandated ESDAs and non-mandated accredited ESDAs shall submit an After Action Report (AAR) and a Corrective Action/Improvement Plan to their IEMA regional office. In addition, for information purposes only, non-mandated accredited ESDAs shall also submit the AAR and Corrective Action/Improvement Plan to the county in which they reside.
2) ExceptWithin 60 days after the EOC is no longer active, except for those non-mandated ESDAs accredited pursuant to Section 301.510, non- mandated ESDAs shall submit an After Action Report (AAR) and a Corrective Action/Improvement Plan to the county in which they reside.
AGENCY NOTE: Prior to an ESDA submitting the required documents for a waiver, IEMA or the county, as appropriate, shall determine which core capabilities will be evaluated to meet the exercise requirement.
b) The IEMA State Exercise Officer, in conjunction with the respective Regional
ILLINOIS REGISTER 11359 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF PROPOSED AMENDMENTS
Coordinator, shall be responsible for evaluating waiver requests for mandated and non-mandated accredited ESDAs. Counties shall be responsible for evaluating waiver requests for non-mandated unaccredited ESDAs. Requests for a waiver and supporting documentation shall be evaluated and approved based on FEMA's Homeland Security Exercise and Evaluation Program (HSEEP).The actual response as an exercise shall be approved or accepted in the same manner as an exercise is approved or accepted pursuant to Sections 301.430 and 301.440.
c) The IEMA State Exercise Officer and counties shall provide approvals of waiver requests in writing.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
SUBPART E: ACCREDITATION AND CERTIFICATION OF ESDAS
Section 301.510 Accreditation of ESDAs
a) The following ESDAs are eligible to apply for IEMA accreditation:
1) Mandated ESDAs; and
2) Non-mandated ESDAs determined biennially by the IEMA Director, or his/her designee, to have demonstrated justification to IEMA for accreditation eligibility based on the following political subdivision criteria:
A) Heightened, greater than average disaster vulnerability;
B) An increased need for ESDA services in the political subdivision due to all of the following:
i) Population size and concentration;
ii) Insufficiency of county ESDA resources to meet the emergency management needs of the political subdivision; and
iii) A high concentration of emergency management resources in the political subdivision existing prior to the
ILLINOIS REGISTER 11360 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF PROPOSED AMENDMENTS
accreditation eligibility review;
C) Evidence that the ESDA coordinator provides to the political subdivision a paid emergency management work effort as coordinator of at least 50% of the political subdivision's standard full-time work week, not including exercise hours; and
D) Documentation of the emergency management services provided to the political subdivision by the ESDA, including, but not limited to, documentation of emergency operations plans, training, exercises, and actual responses, during a minimum of the past 5 years. b) For IEMA accreditation, eligible applicants, determined in accordance with subsection (a), shall satisfy all of the following requirements:
1) Submit a copy of the political subdivision ordinance creating the ESDA affixed with the official seal by the clerk of the political subdivision.
2) Submit documentation of the ESDA coordinator's Notice of Appointment card.
3) Submit evidence that the political subdivision supports a paid emergency management work effort of at least 50% of the political subdivision's standard full-time work week, not including exercise hours.
4) Submit documentation that:
A) An ESDA coordinator appointed after January 1, 2002 has completed, within 12 months after the date of appointment, the IEMA New Coordinators Workshop Course and the Principles of Emergency Management Course or courses determined by IEMA to be consistent with or at least as stringent as these courses; and
B) After the first year of appointment, or for ESDA coordinators appointed prior to January 1, 2002, the ESDA coordinator has biennially completed 48 hours of professional development training, of which a minimum of 24 hours is IEMA-sponsored professional development training. The IEMA-sponsored
ILLINOIS REGISTER 11361 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF PROPOSED AMENDMENTS
professional development training program shall, at a minimum, be consistent with and at least as stringent as the FEMA Professional Development Series. Coordinators may receive credit for up to 24 hours of non-IEMA-sponsored professional development training, including, but not limited to, emergency management conferences, independent study courses, college courses or internet courses, but only if such training is consistent with or at least as stringent as training in the IEMA-sponsored professional development training program and is pre-approved for a specific number of credit hours in writing by IEMA prior to the training.
5) Complete an EOP that meets the requirements of Subparts B and C.
6) Conduct an exercise in accordance with the requirements of Subpart D.
7) Complete and submit all current National Incident Management System (NIMS) compliance documents as established by IEMA.
c) The term of accreditation shall be at leastis two years but not longer than four years, with beginning and ending dates indicated on the accreditation document issued by IEMA. IEMA may extend an existing term of accreditation as long as the total term of accreditation does not exceed four years. Eligible ESDA applicants may seek accreditation renewal by satisfying the requirements of subsection (b).
d) IEMA shall issue an accreditation document, including extensions of an existing term of accreditation, under signature of the IEMA Director.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 301.520 Certification of Non-Mandated ESDAs
a) Except for those non-mandated ESDAs accredited in accordance with Section 301.510, non-mandated ESDAs may apply to an accredited county or multiple county ESDA serving the county in which the non-mandated ESDA is located, for certification, or to IEMA in the event that no accredited county or multiple county ESDA serves the county in which the non-mandated ESDA is located. Each accredited county or multiple county ESDA, or IEMA in the event that no accredited county or multiple county ESDA serves the county in which the non-
ILLINOIS REGISTER 11362 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF PROPOSED AMENDMENTS mandated ESDA is located, may issue certification to non-mandated ESDAs located within its geographic boundaries, if the non-mandated ESDAs satisfy the following requirements:
1) Submit a copy of the political subdivision ordinance creating the ESDA affixed with the official seal by the clerk of the political subdivision.
2) Submit documentation of the ESDA coordinator's Notice of Appointment card.
3) Submit documentation that:
A) An ESDA coordinator appointed after January 1, 2002, has completed, within 12 months after the date of appointment, the IEMA New Coordinators Workshop Course and the Principles of Emergency Management Course or courses determined by IEMA to be consistent with or at least as stringent as these courses; and
B) After the first year of appointment, or for ESDA coordinators appointed prior to January 1, 2002, the ESDA coordinator has biennially completed 48 hours of professional development training, of which a minimum of 24 hours is IEMA-sponsored professional development training. The IEMA-sponsored professional development training program shall, at a minimum, be consistent with and at least as stringent as the FEMA Professional Development Series. Coordinators may receive credit for up to 24 hours of non-IEMA-sponsored professional development training, including, but not limited to, emergency management conferences, independent study courses, college courses or internet courses, but only if such training is consistent with or at least as stringent as training in the IEMA-sponsored professional development training program and is pre-approved for a specific number of credit hours in writing by IEMA prior to the training.
4) Complete an EOP that meets the requirements of Subparts B and C that is reviewed and accepted by the county or multiple county ESDA in accordance with Section 301.320.
5) Conduct an exercise in accordance withand evaluation that meets the
ILLINOIS REGISTER 11363 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF PROPOSED AMENDMENTS
requirements of Subpart D that is accepted by the county or multiple county ESDA in accordance with Section 301.440. b) The certification term shall be at leastis two years, but no longer than four years, with beginning and ending dates indicated on the certificate issued by the accredited county or multiple county ESDA under signature of the appropriate jurisdictionaccredited county or multiple county ESDA and IEMA. The existing certification may be extended by the appropriate jurisdiction as long as the total certification does not exceed four years. The non-mandated ESDA may seek renewal of its certification.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
ILLINOIS REGISTER 11364 20 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Transmitters of Money Act
2) Code Citation: 38 Ill. Adm. Code 205
3) Section Numbers: Proposed Actions: 205.35 New Section
4) Statutory Authority: Implementing and authorized by the Transmitters of Money Act [205 ILCS 657]
5) A Complete Description of the Subjects and Issues Involved: The proposed amendments make changes to the fees assessed for a Transmitters of Money Act (TOMA) license application, the renewal of a TOMA license, and various service fees. It also makes changes to the penalty fees assessed for a failure to apply for renewal of a license or to submit financial documents in a timely manner. The proposed changes to these fee structures allow for fee calculation to be based on the total dollar amount of transactions instead of a flat, per-license fee. This change allows the Department to increase focus to where increased risks are shifting and aligns with the fee structures within other states.
6) Any published studies or reports, along with the sources of underlying data, that were used when comprising this rulemaking: None
7) Will this rulemaking replace any emergency rule currently in effect? No
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? No
11) Statement of Statewide Policy Objective: This rulemaking will not require a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues.
12) Time, Place, and Manner in which interested persons may comment on this rulemaking: Persons who wish to comment on this proposed rulemaking may submit written comments no later than 45 days after the publication of this Notice to:
Interested persons may submit written comments to:
ILLINOIS REGISTER 11365 20 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 2nd Floor Springfield IL 62786
217/785-0813 fax: 217/557-4451
All written comments received within 45 days after this issue of the Illinois Register will be considered.
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations affected: These amendments will not impact small businesses, small municipalities and not-for-profit corporations.
B) Reporting, bookkeeping or other procedures required for compliance: No new requirements are contained in this amendment.
C) Types of professional skills necessary for compliance: None
14) Small Business Impact Analysis: None
15) Regulatory Agenda on which this rulemaking was summarized: July 2020
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER 11366 20 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
TITLE 38: FINANCIAL INSTITUTIONS CHAPTER I: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
PART 205 TRANSMITTERS OF MONEY ACT
Section 205.10 Average Daily Balance 205.20 Authorized Sellers 205.30 Examinations 205.35 Fees 205.40 Revocation or Suspension of License 205.50 Reports/Documents
AUTHORITY: Implementing and authorized by Section 95 of the Transmitters of Money Act [205 ILCS 657].
SOURCE: Adopted at 20 Ill. Reg. 5811, effective April 8, 1996; amended at 26 Ill. Reg. 14261, effective October 1, 2002; amended at 44 Ill. Reg. ______, effective ______.
Section 205.35 Fees
a) Pursuant to Section 45(b) of the Transmitters of Money Act [205 ILCS 657] (Act), the fees outlined in Section 45(a) of the Act are amended as follows:
1) Application Fee. For applying for a license, an application fee of $2,500 and a license fee of $0.
2) Renewal Fee. For renewal of a license, a fee will be calculated based on the total dollar volume of transactions, including transactions by authorized sellers, reported, pursuant to Section 40(5) of the Act, by the licensee in its annual renewal application. The renewal fee shall be calculated in the following manner:
Transactions of $1,000,000 or less $1,000 renewal fee
ILLINOIS REGISTER 11367 20 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF PROPOSED AMENDMENTS
Transactions over $1,000,000 but $1,000 plus an additional less than $10,000,000 amount equal to a rate of .0004 for each dollar in volume more than $1,000,000 but less than $10,000,000 Transactions over $10,000,000 but $4,600 plus an additional less than $100,000,000 amount equal to a rate of .0002 for each dollar in volume more than $10,000,000 but less than $100,000,000 Transactions over $100,000,000 $22,600 plus an additional amount equal to a rate of .0001 for each dollar in volume more than $100,000,000 up to a maximum fee of $50,000
3) For process or other notice served upon the Director as provided by Section 100 of the Act, a fee of $10.
4) For an application for renewal of a license received by the Department after December 1, a penalty fee of $50 per day for each day after December 1, in addition to any other fees required under this Section, unless an extension of time has been applied for and approved prior to December 1.
5) For failure to submit financial statements required by Section 40 of the Act, a penalty fee of $50 per day for each day after December 1 the statement is not provided, unless an extension of time has been applied for and approved prior to December 1. b) Unless otherwise indicated by the Act, these fees shall be nonrefundable. All moneys received by the Department under the Act shall be deposited into the Financial Institution Fund.
(Source: Added at 44 Ill. Reg. ______, effective ______)
ILLINOIS REGISTER 11368 20 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF PROPOSED RULES
1) Heading of the Part: Student Loan Servicing Rights Act
2) Code Citation: 38 Ill. Adm. Code 1010
3) Section Numbers: Proposed Actions: 1010.100 New Section 1010.120 New Section 1010.130 New Section 1010.140 New Section 1010.150 New Section 1010.160 New Section 1010.170 New Section 1010.180 New Section 1010.190 New Section 1010.210 New Section 1010.220 New Section
4) Statutory Authority: Implementing and authorized by the Student Loan Servicing Rights Act [101 ILCS 992].
5) A Complete Description of the Subjects and Issues Involved: The proposed rules implement provisions of the Student Loan Servicing Rights Act in relation to licensing fees, operations, and supervision. With respect to fees and operations, the provisions include the establishment of license fees, examination fees, hearing fees, and assessments; requirements for servicers to provide notice of changes in their application; servicer website requirements; requirements to furnish borrowers with information regarding alternative repayment and loan forgiveness options; requirements related to account information, payment processing, an cosigner payments; maintenance of general books and records; record retention requirements; and electronic record requirements. With respect to supervision, the provisions address preparation of independent audit reports and examination timing, ratings, and implementation.
6) Any published studies or reports, along with the sources of underlying data, that were used when comprising this rulemaking, in accordance with 1 Ill. Adm. Code 100.355: None
7) Will this rulemaking replace any emergency rule currently in effect? No
ILLINOIS REGISTER 11369 20 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF PROPOSED RULES
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? No
11) Statement of Statewide Policy Objective: This rulemaking will not require a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues.
12) Time, Place, and Manner in which interested persons may comment on this rulemaking: Persons who wish to comment on this proposed rulemaking may submit written comments no later than 45 days after the publication of this Notice to:
Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 2nd Floor Springfield IL 62786
217/785-0813 fax: 217/557-4451
All written comments received within 45 days after this issue of the Illinois Register will be considered.
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations affected: None
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: None
14) Small Business Impact Analysis: None
15) Regulatory Agenda on which this rulemaking was summarized: January 2020
ILLINOIS REGISTER 11370 20 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF PROPOSED RULES
The full text of the Proposed Rules begins on the next page:
ILLINOIS REGISTER 11371 20 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
NOTICE OF PROPOSED RULES
TITLE 38: FINANCIAL INSTITUTIONS CHAPTER II: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
PART 1010 STUDENT LOAN SERVICING RIGHTS ACT
Section 1010.100 Definitions 1010.120 Fees 1010.130 Notice of Changes by Licensee 1010.140 Licensee Website and Toll-Free Telephone Service 1010.150 Alternative Repayment and Loan Forgiveness Options 1010.160 Account Information, Payment Processing, Cosigner Payments 1010.170 Books and Records 1010.180 Record Retention 1010.190 Electronic Records 1010.210 Preparation of Independent Audit Report 1010.220 Examination
AUTHORITY: Implementing and authorized by the Student Loan Servicing Rights Act [110 ILCS 992].
SOURCE: Adopted at 44 Ill. Reg. ______, effective ______.
Section 1010.100 Definitions
"Act" means the Student Loan Servicing Rights Act [110 ILCS 992].
"Department" means the Department of Financial and Professional Regulation.
"Director" means the Director of the Division of Banking, with the authority delegated by the Secretary.
"Division" means the Department of Financial and Professional Regulation- Division of Banking, with the authority delegated by the Secretary.
"Licensee" means a person licensed pursuant to the Act.
"NMLS" means the Nationwide Multistate Licensing System and Registry.
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"Secretary" means the Secretary of the Department of Financial and Professional Regulation.
Section 1010.120 Fees
a) The fees listed in this Section shall be payable to the Department, or to NMLS for transfer to the Division, as approved by the Director. The Director will specify the form of payment to the Division or to NMLS, which may include certified check, money order, credit card, or other forms authorized by the Director. NMLS shall be authorized to collect and process transaction fees or other fees related to licensees or other persons subject to the Act.
b) License Fees
1) Application and Investigation. For each application for an initial license, the applicant shall pay a nonrefundable initial application fee of $1000, or the amount authorized by Sections 15-15 and 20-80 of the Act, and a nonrefundable background investigation fee of $800, or the amount authorized by Sections 15-15 and 20-80 of the Act.
2) License Renewal. For each application for an annual renewal of a license, the applicant shall pay a nonrefundable renewal fee of $1,000, or the amount authorized by Section 20-80 of the Act. In the case of an inactive license, the applicant shall pay the nonrefundable renewal fee and an additional nonrefundable reactivation fee equal to the renewal fee, pursuant to Section 15-40(c) of the Act.
3) Notice of Change of Ownership or Control. The licensee shall pay a nonrefundable fee of $500 for each notice of change of ownership or control filed pursuant to Section 1010.130.
4) Notice of Change of Officers or Directors or Change of Name or Address. The licensee shall pay a nonrefundable fee of $50 for each notice of change of officers or directors or change of name or address filed pursuant to Section 1010.130.
c) Returned Payment. Any licensee or person who delivers a check or other payment to the Department that is returned unpaid by the financial institution
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upon which it is drawn shall pay to the Department, in addition to the amount already owed, a fee of $50.
d) Examination Fees
1) Time expended in the conduct of any examination of the affairs of any licensee or its affiliates pursuant to Section 15-40 of the Act shall be billed by the Department at a rate of $510 per examiner day. Fees will be billed following completion of the examination and shall be paid within 30 days after receipt of the billing.
2) Out-of-State Travel. When out-of-state travel occurs in the conduct of any examination, the licensee shall make arrangements to reimburse the Department all charges for services such as travel expenses, including airfare, hotel and per diem incurred by the employee. These expenses are to be in accord with applicable travel regulations published by the Department of Central Management Services and approved by the Governor's Travel Control Board (80 Ill. Adm. Code 2800).
e) Hearings. Each party that requests a hearing pursuant to Sections 20-30 and 20- 65 of the Act shall pay a nonrefundable fee of $500, unless the fee is waived by the Director. In determining whether to waive the fee, the Director shall consider the financial hardship imposed on the party.
f) Assessments. Each licensee shall pay to the Division its pro rata share of the cost for administration of the Act that exceeds other fees listed in this Section, as estimated by the Division, for the current year and any deficit actually incurred in the administration of the Act in prior years. Each licensee's pro rata share shall be the percentage that the number of borrowers serviced in Illinois by the licensee bears to the total number of borrowers serviced by all licensees in Illinois.
Section 1010.130 Notice of Changes by Licensee
a) Each licensee shall, upon any change in the information contained in its application for license, file an amendment to that application setting forth the changed information. The amendments shall be filed within 10 business days after the occurrence of the event that results in the information becoming inaccurate or incomplete.
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b) Any amendment that cannot be submitted through NMLS shall be filed directly with the Division.
Section 1010.140 Licensee Website and Toll-Free Telephone Service
Each licensee shall maintain a secured-access website and toll-free telephone service consistent with the provisions of Sections 5-55 and 5-65 of the Act. The secured-access website and toll- free telephone service shall, at a minimum, provide borrowers and cosigners with capabilities reasonably adequate for efficiently handling communications, questions, and other matters relating to an existing loan. In determining whether the secured-accessed website and toll-free telephone service are provided in a reasonably adequate manner, the Director will consider consumer complaints received regarding the licensee and information obtained from examinations conducted and reports filed pursuant to the Act.
Section 1010.150 Alternative Repayment and Loan Forgiveness Options
Licensees must provide complete information to borrowers about alternative repayment and loan forgiveness options, the application processes for those options, the differences between those options and forbearance, and the consequences of those options and forbearance, consistent with Sections 5-30, 5-35, 5-40, and 5-45 of the Act.
Section 1010.160 Account Information, Payment Processing, Cosigner Payments
a) Licensees must maintain detailed account information for each student loan borrower and cosigner, on the licensee's website, accessible to the borrower and cosigner, as applicable, through a secure login system. The licensee must maintain account history for each loan serviced and a report of all loans for each borrower serviced by the licensee.
b) Licensees must credit borrower and cosigner payments promptly and accurately, including, but not limited to, by providing same-day crediting of electronic payments, if made before the posted cut-off time for same-day crediting, and crediting of paper check payments on the date received by the licensee.
c) Licensees must apply payments made by cosigners only to a loan for which the payor has cosigned, unless specifically directed otherwise by the cosigner/payor.
Section 1010.170 Books and Records
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a) Licensees must maintain a general ledger, maintain a cash receipt and disbursement journal, and reconcile bank accounts at least monthly.
b) Licensees shall maintain, for each student loan serviced, the following information:
1) the student loan application, if available;
2) disclosure statements sent to the borrower;
3) the promissory note or loan agreement;
4) the complete loan history;
5) qualified written requests;
6) instructions from the borrower, if any, on how to apply overpayments;
7) statements of account sent to the borrower; and
8) any additional records the Director may designate.
c) Each licensee must maintain books and records at the location designated by the licensee.
Section 1010.180 Record Retention
Licensees must maintain all applicable records required by the Act and this Part for a minimum of 3 years after a serviced loan has been paid in full or assigned to collection, or the servicing rights have been sold, assigned, or transferred, unless prohibited by contract with the lender.
Section 1010.190 Electronic Records
Electronic records must be maintained by licensees in a commonly used format and be readily accessible, readable, and printable by the Director and Division staff.
Section 1010.210 Preparation of Independent Audit Report
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Each licensee shall annually cause its books and accounts to be audited by a certified public accountant not connected with the licensee. The audit shall be filed with the Division within 105 days after the end of the licensee's fiscal year. The audit shall be sufficiently comprehensive in scope to permit the expression of an opinion on the financial statements, which shall be prepared in accordance with generally accepted accounting principles and shall be conducted in accordance with generally accepted auditing standards.
Section 1010.220 Examination
a) Licensees shall be examined from time to time pursuant to the Act. As part of each regularly scheduled examination, the Director shall evaluate and rate licensees in accordance with uniform rating factors.
b) Ratings include, but are not limited to:
1) The highest rating of 1 is assigned to a licensee that maintains a strong compliance management system (CMS) and takes active steps to prevent any violations of law and consumer harm.
2) The rating of 2 is assigned to a licensee that maintains a CMS that is satisfactory at managing consumer compliance risk in the licensee's products and services and substantially limiting violations of law and consumer harm.
3) The rating of 3 reflects a CMS deficient at managing consumer compliance risk in the licensee's products and services and at limiting violations of law and consumer harm.
4) The rating of 4 reflects a CMS seriously deficient at managing consumer compliance risk in the licensee's products and services and/or at preventing violations of law and consumer harm.
5) The rating of 5 reflects a CMS critically deficient at managing consumer compliance risk in the licensee's products and services and/or at preventing violations of law and consumer harm.
c) All licensees shall be subject to examination by the Director. The Director may enter into cooperative agreements with other regulatory authorities and contract with others to provide examinations. The Director may accept examination
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reports from those regulatory authorities and under contracts that meet the requirements of this Section. The examination shall result in a rating under subsection (b) and will be charged at the rate referenced.
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1) Heading of the Part: Medical Necessity Criteria for Serious Mental Illnesses for Individuals Under the Age of 26
2) Code Citation: 50 Ill. Adm. Code 2035
3) Section Numbers: Proposed Actions: 2035.10 New Section 2035.20 New Section 2035.30 New Section
4) Statutory Authority: 5 ILCS 375/6.11, 55 ILCS 5/5-1069.3, 65 ILCS 5/10-4-2.3, 105 ILCS 5/10-22.3, 215 ILCS 5/356z.33 (as enacted by PA 101-461, eff. 1/1/2020), 215 ILCS 5/401, 215 ILCS 125/5-7.
5) A Complete Description of the Subjects and Issues Involved: This rulemaking is being initiated as the outcome of a Medical Necessity Working Group statutorily mandated by PA 101-461. The proposed rule provides the medical necessity criteria for serious mental illnesses for individuals under the age of 26 that are to be used for utilization review under any individual or group accident and health insurance coverage, HMO health care plans, and self-insured health benefit plans offered to the employees of the State, counties, municipalities, and school districts. It includes medical necessity criteria for several interdisciplinary, team-based treatment models: Coordinated Specialty Care (CSC) for First Episode Psychosis Treatment; Community Support Team (CST) Treatment; and Assertive Community Treatment (ACT). Each of these treatment models includes criteria for service initiation, continuing service, exclusion, and discharge / service termination (where applicable). The rules do not apply to excepted benefit policies.
6) Published studies or reports, and sources of underlying data, used to compose this rulemaking:
"Coordinated Specialty Care for First Episode Psychosis. Manual II: Implementation". Study performed by the Research Foundation for Mental Hygiene. Report published by the National Institute of Mental Health. Publication date not specified. PDF available to download at: https://www.nimh.nih.gov/health/topics/schizophrenia/raise/csc-for-fep- manual-ii-implementation-manual_147093.pdf.
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"What Is First.IL?" (webpage). Published by the Illinois Department of Human Services. Publication date not specified. Accessible at: http://intranet.dhs.illinois.gov/onenet/page.aspx?item=99976.
"Medical Necessity Criteria and Guidance Manual" (webpage). Published by the Illinois Department of Human Services for Fiscal Year 2014. Accessible at: https://www.dhs.state.il.us/page.aspx?item=52733.
"Youth Assertive Community Treatment (Youth ACT)" (webpage). Published by the Minnesota Department of Human Services, January 8, 2014. Accessible at: https://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION &RevisionSelectionMethod=LatestReleased&dDocName=DHS16_181612#lr.
7) Will this rulemaking replace an emergency rule currently in effect? No
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? Yes
10) Are there any other rulemakings pending on this Part? No
11) Statement of Statewide Policy Objective: This rulemaking will not require a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues.
12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Persons who wish to comment on this proposed rulemaking may submit written comments no later than 45 days after the publication of this Notice to:
Robert Planthold or Susan Anders Assistant General Counsel Rules Coordinator Illinois Department of Insurance Illinois Department of Insurance 122 S. Michigan Ave., Fl. 19 320 W. Washington St., Fl. 4 Chicago IL 60603 Springfield IL 62767
312/814-5445 217/558-0957
13) Initial Regulatory Flexibility Analysis:
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A) Types of small businesses, small municipalities and not-for-profit corporations affected: None
B) Reporting, bookkeeping or other procedures required for compliance: Update insurer's medical necessity criteria to match this rule
C) Types of professional skills necessary for compliance: Administrative/clerical
14) Small Business Impact Analysis: The Department determined that the rulemaking will not have an adverse impact on small businesses.
15) Regulatory Agenda on which this rulemaking was summarized: January 2020
The full text of the Proposed Rules begins on the next page:
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TITLE 50: INSURANCE CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER z: ACCIDENT AND HEALTH INSURANCE
PART 2035 MEDICAL NECESSITY CRITERIA FOR SERIOUS MENTAL ILLNESSES FOR INDIVIDUALS UNDER THE AGE OF 26
Section 2035.10 Applicability and Scope 2035.20 Definitions 2035.30 Medical Necessity Criteria for Utilization Review of Treatment Models for Serious Mental Illnesses for Individuals Under Age 26
AUTHORITY: Implementing Section 6.11 of the State Employees Group Insurance Act of 1971 [5 ILCS 375], Section 5-1069.3 of the Counties Code [55 ILCS 5], Section 10-4-2.3 of the Illinois Municipal Code [65 ILCS 5], Section 10-22.3f of the School Code [105 ILCS 5], Section 356z.33 of the Illinois Insurance Code (see P.A. 101-461, effective January 1, 2020) [215 ILCS 5], and Section 5-3 of the Health Maintenance Organization Act [215 ILCS 125], and authorized by Sections 356z.33 and 401 of the Code and 5-7 of the Health Maintenance Organization Act.
SOURCE: Adopted at 44 Ill. Reg. ______, effective ______.
Section 2035.10 Applicability and Scope
a) This Part applies to any issuer, nonfederal governmental payor, or utilization review organization regarding their requirements for or use of utilization review for any of the following types of coverage, excluding excepted benefits:
1) any group or individual policy, certificate, or evidence of coverage of accident and health insurance subject to the Code;
2) any group or individual health care plan contract, certificate, or evidence of coverage subject to the HMO Act; or
3) any coverage for health benefits under a nonfederal governmental plan provided under the State Employees Group Insurance Act of 1971 [5 ILCS 375], the Counties Code [55 ILCS 5], the Illinois Municipal Code [65 ILCS 5], or the School Code [105 ILCS 5].
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b) Nothing contained in this Part shall be construed to restrict any clinical justifications available for covering treatments on an experimental or investigational basis.
Section 2035.20 Definitions
"Assertive Community Treatment" or "ACT" means a bundle of health care services delivered through a multidisciplinary team of mental health professionals to individuals who are experiencing severe and persistent symptoms from a serious mental illness. These specialty services mitigate symptoms of the mental illness, support recovery, increase functioning and symptom management, and decrease hospitalizations and crisis episodes. Services are delivered in the office and in the person's natural environment to:
optimize engagement; and
promote wellness, self-management, resiliency, skill-building, and use of natural supports to prevent lifelong struggles with serious and persistent mental health symptoms.
"CALOCUS composite score" means a composite score assigned to an individual under age 18 that is derived by applying the standards contained in "CALOCUS: Child and Adolescent Level of Care Utilization System" (American Association for Community Psychiatry, PO Box 570218, Dallas TX 75357-0218) (Child and Adolescent Version 20) (July 2019) (no later editions or amendments included).
"Code" means the Illinois Insurance Code [215 ILCS 5].
"Community Support Team Treatment" or "CST Treatment" means a bundle of health care services delivered through a multidisciplinary team of mental health professionals to individuals experiencing moderate to severe symptoms from a serious mental illness. These specialty services mitigate symptoms of the mental illness, support recovery, increase functioning and symptom management, and decrease hospitalizations and crisis episodes. Services are delivered in the office and in the person's natural environment to:
optimize engagement; and
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promote wellness, self-management, resiliency, skill-building, and use of natural supports to prevent lifelong struggles with serious and persistent mental health symptoms.
"Coordinated Specialty Care for First Episode Psychosis Treatment" or "CSC" means a bundle of health care services delivered through a multidisciplinary team of mental health professionals to individuals who are experiencing an episode of psychosis for the first time, as well as to their families. These specialty services mitigate symptoms of psychosis, support recovery, increase functioning and symptom management, and decrease hospitalizations and crisis episodes. Services are delivered in the office and in the person's natural environment to:
optimize engagement; and
promote wellness, self-management, resiliency, skill-building, and use of natural supports to prevent lifelong struggles with serious and persistent mental health symptoms.
"DSM" means the DSM-5 as modified by the DSM-5 Update: February 2020.
"DSM-5" means the "Diagnostic and Statistical Manual of Mental Disorders: DSM-5" (American Psychiatric Association, 800 Maine Ave, SW, Ste. 900, Washington DC 20024-2812) (5th ed.) (2013) (no later editions or amendments included).
"DSM-5 Update: February 2020" means the "Supplement to Diagnostic and Statistical Manual of Mental Disorders: Fifth Edition" (American Psychiatric Association, 800 Maine Ave., SW, Ste. 900, Washington DC 20024-2812) (Feb. 2020) (no later editions or amendments included).
"Excepted benefits" has the meaning ascribed in the following federal regulations:
For individual health insurance coverage, 45 CFR 148.220; and
For group health insurance coverage, 45 CFR 146.145(b).
"HMO Act" means the Health Maintenance Organization Act [215 ILCS 125].
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"Issuer" means a "health insurance issuer" as defined in Section 5 of the Illinois Health Insurance Portability and Accountability Act [215 ILCS 97].
"LOCUS composite score" means a composite score assigned to an individual of age 18 or older that is derived by applying the standards contained in "LOCUS: Level of Care Utilization System for Psychiatric and Addiction Services" (American Association for Community Psychiatry, PO Box 570218, Dallas TX 75357-0218) (Adult Version 20) (Dec. 2016) (no later editions or amendments included).
"Nonfederal governmental payor" means the State or any of its political subdivisions, or any agency or instrumentality of either, in relation to its establishment of a nonfederal governmental plan.
"Nonfederal governmental plan" has the meaning ascribed in Section 5 of the Health Insurance Portability and Accountability Act.
"Utilization review" has the meaning ascribed in Section 10 of the Managed Care Reform and Patient Rights Act [215 ILCS 134].
"Utilization review organization" has the meaning ascribed in 50 Ill. Adm. Code 4520.30.
Section 2035.30 Medical Necessity Criteria for Utilization Review of Treatment Models for Serious Mental Illnesses for Individuals Under Age 26
Any medical necessity criteria that an issuer, nonfederal governmental payor, or utilization review organization prescribes or uses for utilization review on any of the following interdisciplinary, team-based treatment models for serious mental illnesses in individuals under the age of 26 shall conform to the criteria in this Section. The services are delivered through the appropriate interdisciplinary team of mental health professionals to enable early treatment and recovery, improved functioning, improved and/or managed mental health symptoms, medication adherence, and the prevention of any further functional impairment. For individuals with Medicaid coverage, the medical necessity criteria will continue to be governed by the criteria established by the Illinois Department of Healthcare and Family Services.
a) Coordinated Specialty Care (CSC) for First Episode Psychosis Treatment
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1) Service Initiation Criteria. An individual meets the medical necessity criteria for initiating CSC services if they meet all of the following:
A) The individual is between 14 to 25 years of age;
B) The individual experienced significant symptoms of psychosis or a psychotic episode, as defined in DSM, for the first time in the last 18 months; and
C) The individual (and parent or legal guardian when appropriate and with consent) is willing to accept CSC services.
2) Continuing Service Criteria. An individual shall meet the medical necessity criteria for continuing to receive CSC services if he or she meets all of the following:
A) The individual's severity of illness and resulting impairment continues to require this level of service;
B) Without these services, the individual would not be able to sustain treatment gains, and there would be an increase in symptoms and a decrease in functioning;
C) Treatment planning is individualized and appropriate to the individual's changing condition, with realistic and specific goals and objectives stated;
D) The mode, intensity and frequency of treatment are appropriate;
E) Active treatment is occurring and continued progress toward goals is evident, or adjustments to the treatment plan have been made to address lack of progress; and
F) The individual (and parent or legal guardian when appropriate and with consent) is actively participating in the treatment plan and is willing to continue.
3) Service Termination Criteria. Individuals meeting any of the following criteria no longer meet the medical necessity criteria for CSC:
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A) The individual's treatment plan and discharge goals have been substantially met;
B) Consent for treatment has been withdrawn;
C) The individual no longer meets the service initiation criteria in subsection (a)(1) or meets the service initiation criteria for a less or more intensive level of care; or
D) The individual (and parent or legal guardian when appropriate and with consent) is not engaged in or utilizing the service to such a degree that treatment at this level of care becomes ineffective or unsafe despite use of motivational techniques and multiple documented attempts to address engagement issues.
4) Exclusion Criteria. CSC is not appropriate for any of the following:
A) The individual experienced a first psychotic episode more than 18 months ago;
B) The symptoms to be addressed have their primary origin in an intellectual disability, neurodevelopmental or neurocognitive disorder, substance-related or -induced disorder, personality disorder, or brain injury; or
C) A rapid onset of psychosis occurred due to sleep deprivation not associated with another psychotic disorder or condition. b) Community Support Team (CST) Treatment
1) Service Initiation Criteria. An individual meets the medical necessity criteria for initiating CST treatment services if he or she meets all of the following:
A) The individual has a psychiatric diagnosis defined in the DSM, and has a LOCUS or CALOCUS composite score of 14-20 causing moderate to severe psychiatric symptoms;
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B) The individual (and parent or legal guardian when appropriate and with consent) is willing to accept CST treatment services; and
C) Outpatient mental health treatment has not resulted in improved symptoms or functioning, or is not appropriate at the current time, and the individual exhibits three or more of the following:
i) Psychiatric inpatient admission in the last year;
ii) Four or more hospital emergency room services in the last year;
iii) History of the lack of treatment follow-through, including medication non-adherence;
iv) Medication resistance due to intolerable side effects or the illness interferes with consistent self-management of medications;
v) A lack of improvement in traditional outpatient mental health treatment and requires coordinated clinical and supportive interventions;
vi) Clinical evidence of suicidal ideation or gesture in the last year;
vii) Self harm or threats of harm to others in the last year;
viii) Evidence of significant complications such as cognitive impairment, behavioral problems or medical problems that compromise the ability to adhere to the behavioral health treatment plan; or
ix) The severity or complexity of symptoms and level of functional impairment that require coordinated services provided by a team of mental health professionals and support specialists, as evidenced by at least one of the following:
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• Continuous functional deficits in achieving treatment continuity or self-management of prescription medication;
• Persistent or severe psychiatric symptoms, serious behavioral difficulties, a co-occurring disorder, and/or a high relapse rate; or
• Danger of requiring acute level of care if more intensive services are not available.
2) Continuing Service Criteria. A person shall meet the medical necessity criteria for continuing to receive CST treatment services if they meet all of the following:
A) The individual's severity of illness and resulting impairment continues to meet service initiation criteria;
B) Without these services, the individual would not be able to sustain treatment gains, and there would be an increase in symptoms and a decrease in functioning;
C) Treatment planning is individualized and appropriate to the individual's changing condition, with realistic and specific goals and objectives stated;
D) The mode, intensity and frequency of treatment are appropriate;
E) Active treatment is occurring and continued progress toward goals is evident, or adjustments to the treatment plan have been made to address lack of progress; and
F) The individual (and parent or legal guardian when appropriate and with consent) is actively participating in the treatment plan and is willing to continue.
3) Service Termination Criteria. Individuals meeting any of the following criteria no longer meet the medical necessity criteria for CST treatment:
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A) The individual's treatment plan and discharge goals have been substantially met;
B) Consent for treatment has been withdrawn;
C) The individual no longer meets the service initiation criteria in subsection (b)(1) or meets the service initiation criteria for a less or more intensive level of care;
D) The individual (and parent or legal guardian when appropriate and with consent) is not engaged in or utilizing the service to such a degree that treatment at this level of care becomes ineffective or unsafe despite use of motivational techniques and multiple attempts to address engagement issues; or
E) The individual experiences a significant increase in symptoms paired with a significant decrease in functioning, resulting in a transition to the more intensive ACT service level.
4) Exclusion Criteria. CST treatment is not appropriate for the following individuals:
A) The symptoms to be addressed have their primary origin in an intellectual disability, neurodevelopmental or neurocognitive disorder, substance-related or -induced disorder, or personality disorder;
B) A rapid onset of psychosis occurred due to sleep deprivation not associated with another psychotic disorder or condition;
C) The individual's daily living skills are sufficient to enable him or her to progress in his or her recovery with the support of outpatient mental health services;
D) The individual's level of cognitive impairment, current mental status or development level make it unlikely for him or her to benefit from CST treatment services; or
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E) The individual requires a more intensive level of service and cannot be safely or effectively treated with CST treatment services. c) Assertive Community Treatment (ACT)
1) Service Initiation Criteria. An individual meets the medical necessity criteria for initiating ACT services if they meet all of the following:
A) The individual has a psychiatric diagnosis, as defined in the DSM, causing severe and persistent symptoms;
B) The individual has a minimum LOCUS or CALOCUS composite score of 17;
C) The individual (and parent or legal guardian when appropriate and with consent) is willing to accept ACT services; and
D) Less intensive mental health treatment has not resulted in improved symptoms or functioning, or is not appropriate at the current time, and the individual exhibits three or more of the following:
i) Evidence the psychiatric diagnosis is co-existing with a substance disorder and/or serious physical health condition;
ii) Two or more psychiatric inpatient admissions in the last year;
iii) Four or more emergency room visits in the last year;
iv) History of the lack of treatment follow-through, including medication non-adherence;
v) Medication resistance due to intolerable side effects or his or her illness interferes with consistent self-management of medications;
vi) Clinical evidence of suicidal ideation or gesture in the last year;
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vii) Self-harm or threats of harm to others in the last year;
viii) Evidence of significant complications, such as cognitive impairment, behavioral problems or medical problems, that compromise the ability to adhere to the behavioral health treatment plan;
ix) History of violence due to untreated mental illness;
x) History of significant psychotic symptomatology, such as command hallucinations to harm others;
xi) Danger of requiring acute level of care if more intensive services are not available; or
xii) Currently residing in an inpatient bed, but clinically assessed to be able to receive ACT following discharge.
2) Continuing Service Criteria. An individual shall meet the medical necessity criteria for continuing to receive ACT services if her or she meets all of the following:
A) The individual's severity of illness and resulting impairment continues to meet service initiation criteria;
B) Without these services, the individual would not be able to sustain treatment gains, and there would be an increase in symptoms and a decrease in functioning;
C) Treatment planning is individualized and appropriate to the individual's changing condition, with realistic and specific goals and objectives stated;
D) The mode, intensity and frequency of treatment are appropriate;
E) Active treatment is occurring and continued progress toward goals is evident, or adjustments to the treatment plan have been made to address lack of progress; and
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F) The individual (and parent or legal guardian when appropriate and with consent) is actively participating in the treatment plan and is willing to continue.
3) Service Termination Criteria. Individuals meeting any of the following criteria no longer meet the medical necessity criteria for ACT:
A) The individual's treatment plan and discharge goals have been substantially met;
B) Consent for treatment has been withdrawn;
C) The individual no longer meets the service initiation criteria in subsection (c)(1) or meets the service initiation criteria for a less or more intensive level of care; or
D) The individual (and parent or legal guardian when appropriate and with consent) is not engaged in or utilizing the service to such a degree that treatment at this level of care becomes ineffective or unsafe despite use of motivational techniques and multiple documented attempts to address engagement issues.
4) Exclusion Criteria. ACT is not appropriate for any the following:
A) The symptoms to be addressed have their primary origin in an intellectual disability, neurodevelopmental or neurocognitive disorder, substance-related or -induced disorder, or personality disorder;
B) A rapid onset of psychosis occurred due to sleep deprivation not associated with another psychotic disorder or condition;
C) The individual's symptoms and functioning are sufficient to enable him or her to progress in his or her recovery with less intensive mental health services;
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D) The individual's level of cognitive impairment, current mental status or development level make it unlikely for him or her to benefit from ACT services; or
E) The individual has an impairment that requires a more intensive level of service.
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1) Heading of the Part: Tie Breaking when Conducting and Administrating a Board of Trustee Election
2) Code Citation: 50 Ill. Adm. Code 4451
3) Section Numbers: Proposed Actions: 4451.10 New Section 4451.20 New Section 4451.30 New Section 4451.40 New Section
4) Statutory Authority: Implementing and authorized by Sections 22B-116(c) and 22C- 116(c) of the Illinois Pension Code [40 ILCS 5/22B-116(c) and 22C-116(c)].
5) A Complete Description of the Subjects and Issues Involved: The proposed rules are mandated by the Pension Code [40 ILCS 5/22B-116(c) and 40 ILCS 5/22C-116(c)] to develop a tie breaking procedure by the Department of Insurance in the event of a tie vote during the trustee elections for Board of Trustees of the Police Officers' Pension Investment Fund (Article 22 B) and the Firefighters' Pension Investment Fund (Article 22C). However, to safeguard over the funds, which total more than 14 billion dollars, the Department also seeks to confirm the identity of the prospective trustee.
6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None
7) Will this rulemaking replace an emergency rule currently in effect? No
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? No
10) Are there any other rulemakings pending on this Part? No
11) Statement of Statewide Policy Objective: This rulemaking will not require a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues.
ILLINOIS REGISTER 11395 20 DEPARTMENT OF INSURANCE
NOTICE OF PROPOSED RULES
12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Persons who wish to comment on this proposed rulemaking may submit written comments no later than 45 days after the publication of this Notice to:
Mark Thielen or Susan Anders Assistant General Counsel Rules Coordinator Department of Insurance Department of Insurance 320 West Washington, 4th Floor 320 West Washington, 4th Floor Springfield IL 62767-0001 Springfield IL 62767-0001
217/558-4542 217/558-0957
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations affected: None
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: None
14) Small Business Impact Analysis: No impact
15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not included on either of the 2 most recent agendas because it was not anticipated within that time period.
The full text of the Proposed Rules begins on the next page:
ILLINOIS REGISTER 11396 20 DEPARTMENT OF INSURANCE
NOTICE OF PROPOSED RULES
TITLE 50: INSURANCE CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER aaa: PENSIONS
PART 4451 TIE BREAKING WHEN CONDUCTING AND ADMINISTRATING A BOARD OF TRUSTEE ELECTION
Section 4451.10 Purpose 4451.20 Definitions 4451.30 Prescribed Tie Breaker Procedure 4451.40 Policy and Notification
AUTHORITY: Implementing and authorized by Sections 22B-116(c) and 22C-116(c) of the Illinois Pension Code [40 ILCS 5].
SOURCE: Adopted at 44 Ill. Reg. ______, effective ______.
Section 4451.10 Purpose
This Part prescribes the procedure for breaking a tie vote in the ballot selection of a Board of Trustee for the Police Officers' Pension Investment Fund (Article 22B of the Code) or the Firefighters' Pension Investment Fund (Article 22C of the Code). The funds shall submit a copy of the official election ballots to the Department of Insurance prior to the election. At the completion of the election count, a fund shall notify the Department in writing of the results within 2 business days.
Section 4451.20 Definitions
"Box" means a standard sized container in which confidential sealed envelopes are maintained.
"Candidate" means a person nominated for election.
"Code" means the Illinois Pension Code [40 ILCS 5].
"Coin" means the official State of Illinois commemorative quarter highlighting an image of a young Abraham Lincoln within an outline of the State, a farm scene,
ILLINOIS REGISTER 11397 20 DEPARTMENT OF INSURANCE
NOTICE OF PROPOSED RULES
the Chicago and State's outline and the 21 stars signifying Illinois as the 21st State admitted into the Union.
"Coin Toss" means the act of flipping a coin into the air and coming to rest upon a walking surface, with the outcome of the election dependent on which side of the coin lands face-up.
"Department" means the Illinois Department of Insurance.
"Federal Forms of Identification" means a form of identification accepted by the United States of America that is both current and contains the following: name, date of birth, gender, photograph, expiration date, and a tamper-resistant feature. The most common forms are a U.S. passport, a driver's license, a real identification card, a government ID (city, state or federal), or military ID.
"Fund" means the Police Officers' Pension Investment Fund (see 40 ILCS 5/22B- 103) or the Firefighters' Pension Investment Fund (see 40 ILCS 5/22C-103).
"Official Name" means the name as it appears on the written election ballot.
"Official Election Ballot" means the ballot used in the trustee election process.
"Pension Fund" means a fund that transferred securities, funds, assets, and moneys, and responsibility for custody and control of those securities, funds, assets, and moneys, to the fund and that was established pursuant to Article 3 (downstate police) or Article 4 (downstate firefighters) of the Code.
"Sealed Envelope" means a standard 4⅛-inch by 9½-inch Department mailing envelope holding a 3 by 5-inch index card with a typed numerical number. The numerical number may be affixed using a standard label.
"Tie" means to have an equal number of votes cast between candidates in an election.
"Trustee" means a candidate elected or to be elected by eligible voters who voted or by the tie breaking procedure established in this Part.
Section 4451.30 Prescribed Tie Breaker Procedure
ILLINOIS REGISTER 11398 20 DEPARTMENT OF INSURANCE
NOTICE OF PROPOSED RULES a) The prescribed procedure shall only apply when a tie vote occurs in the election process of a Board of Trustee to a fund. After a review of the election results provided by the fund, the Department will, within 3 business days, set an agreed upon date, time and place to conduct the tie breaker procedure with the corresponding fund. The fund and the Department shall notify the candidates of a tie and the agreed upon date, time and place to be present. Candidates' contact information shall be provided by the fund. The agreed upon date shall not exceed 20 business days after the recording of election results. The Department shall then proceed with the following tie breaking procedure:
1) All candidates must present proof of identity to the Department, at the time of the tie breaker, by means of a federally accepted form of identification.
2) If a candidate is not present, the candidate will be declared to have forfeited the election.
3) Using a coin, the tied candidates shall take part in a coin toss.
4) The first selection of the coin side will be based on the alphabetic order of the candidates' last names. If the candidates have the same last name, the order proceeds to the candidates' official first names. The candidates' middle names and any suffix (Jr., Sr., II, etc.) will not be considered. If the candidates have the same last and first names, then the order in which the candidates appeared on the ballot will be used for the coin toss selection.
5) The first candidate then chooses either heads or tails before the Director or the Director's designated representative tosses the coin into the air. The candidate that wins the coin toss will be declared the winner. The winning candidate will be acknowledged in the Board Minutes.
6) The location for the coin toss will be agreed upon by the corresponding fund and the Department.
7) The Department will maintain minutes on the election proceedings and outcome.
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NOTICE OF PROPOSED RULES
b) If the election results in more than two tied candidates for the same trustee position within the same fund, the tied candidates will draw a sealed envelope from a designated box. The sealed envelope will contain a corresponding number based on the total number of tied candidates for the same trustee position within the fund. The candidates drawing the numbers 1 and 2 will proceed to the coin toss procedure as outlined. The order of envelope selection by the candidates will be based on the alphabetical order of the candidates' names, taking into considerations the exceptions outlined in subsection (a)(4). However, if a candidate is not present, the candidate will be declared to have forfeited the election. The box and sealed numbers will be independently stored and created by the Department.
Section 4451.40 Policy and Notification
The fund shall notify all Article 3 and Article 4 pension funds of the final election results, including the tie breaker results, by means of posting the results on the fund's official website. The results, as provided to the Department, should be posted and updated as necessary after the tie breaker results. Results, as provided to the Department, should be posted at the time of the initial results or updated within one business day after a tie breaker, if necessary.
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NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: General Grant Programs
2) Code Citation: 23 Ill. Adm. Code 1001
3) Section Numbers: Adopted Actions: 1001.20 Amendment 1001.30 Amendment 1001.40 Amendment 1001.50 Amendment
4) Statutory Authority: Implementing and authorized by Section 9.05, 9.09, and 9.17 of the Board of Higher Education Act [110 ILCS 205/9.05, 9.09, and 9.17].
5) Effective Date of Rules: June 24, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? The rulemaking does not include incorporation by reference pursuant to Section 5-75 of the Illinois Administrative Procedure Act.
8) A copy of the adopted rules is on file in the Board of Higher Education's office and is available for public inspection.
9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 3799, March 13, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: None
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? None were made.
13) Will this rulemaking replace any emergency rule currently in effect? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: The adopted amendments incorporate the requirements of the Grants Accountability and Transparency Act (GATA). The GATA
ILLINOIS REGISTER 11401 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
requirements include: adding new terminology; referencing the GATA rules for recipient qualification and use of uniform grant agreements; removing some of the requirements that have since been incorporated into the new uniform grant agreement; and referencing GATA rules on interest earned, audit requirements, and post-award requirements. The adopted amendments retain the purpose of the rule and incorporate new statutory requirements.
16) Information and questions regarding these adopted rules shall be directed to:
Karen Helland, Administrative Rules Coordinator Illinois Board of Higher Education 1 N. Old State Capitol Plaza, Suite 333 Springfield IL 62701-1377
217/557-7358 fax: 217/782-8548 [email protected]
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 11402 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1001 GENERAL GRANT PROGRAMS
Section 1001.10 Purpose 1001.20 Definitions 1001.30 Grant Amounts and Allocations 1001.40 Grant Requirements 1001.50 Post-AwardAudit Requirements and Guidelines
AUTHORITY: Implementing and authorized by Sections 9.05, 9.09 and 9.17 of the Board of Higher Education Act [110 ILCS 205].
SOURCE: Emergency Rules adopted at 23 Ill. Reg. 11982, effective September 15, 1999, for a maximum of 150 days; emergency expired February 11, 2000; adopted at 24 Ill. Reg. 3354, effective February 14, 2000; amended at 44 Ill. Reg. 11400, effective June 24, 2020.
Section 1001.20 Definitions
"Board" means the Illinois Board of Higher Education.
"Designated Grant" means a grant funded by an appropriation or other source which appropriation or other source specifies the recipient of the grant and the purpose of the grant.
"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708]. GATA rules are cross-referenced in this Part.
"GATA Rule" means 44 Ill. Adm. Code 7000.
"GATU" means the Grant Accountability and Transparency Unit within the Illinois Governor's Office of Management and Budget.
"Grant Period" or "Period of Performance" means the time during which the awardee may incur new obligations to carry out the work authorized. The Board
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NOTICE OF ADOPTED AMENDMENTS
will include the start and end dates in the Grant Agreement. means the period ending two years after the date that either the Board or the recipient signs a grant agreement, whichever is later.
"Non-Designated Grant" means a grant funded by an appropriation or other source thatwhich appropriation or other source specifies the recipient of the grant but does not specify the purpose of the grant.
"Other Sources of Funding" means those grant funds provided through entities outside of State and federal governmentnational goverment that are not appropriated (e.g., interagency agreement, foundations, associations, businesses or charities) and are to be allocated to other recipients.
"Recipient" means:
the institution of higher education or other entity, public or private, that which institution of higher education or other entity, public or private, is designated by an appropriation or other source to receive a grant;, or means
a class of institutions that is designated by an appropriation or other source to receive a grant.
(Source: Amended at 44 Ill. Reg. 11400, effective June 24, 2020)
Section 1001.30 Grant Amounts and Allocations
Grant amounts and allocations shall be made as provided in this Section.follows:
a) WhenWhere the appropriation or other funding source specifies a specific amount for a recipient or recipients, the grant amount shall be thethat sum specified by the appropriation or other funding source.
b) WhenWhere the appropriation appears to leave discretion in the allocation of grant funds to the Board, the Board willshall determine the intent of the Governor and the General Assembly in passing the legislation and will allocate grants accordingly. If that intent cannot be determined, the Board willshall determine eligibility for the grants in accordance with thetheir stated purpose of the grant as specified by the appropriation or other funding source. The Board will and shall
ILLINOIS REGISTER 11404 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
notify all potentially eligible recipients prior to making grants.
c) Determination of Grant Amount
1) In those cases in whichwhere the appropriation or other funding source specifies a specific amount for a class of recipients, the grant amounts shall be determined by the method specified by the appropriation or other funding source., or
2) Ifif no method is specified, then the grant funds shall be allocated equally among all eligible recipients in the class., provided that such
3) All recipients shall sign a Grant Agreementgrant agreement, if required.
(Source: Amended at 44 Ill. Reg. 11400, effective June 24, 2020)
Section 1001.40 Grant Requirements
a) Board staff shall verify that each recipient is registered with GATU, has completed a prequalification process, and has been determined "qualified" by GATU (see GATA Rule Section 7000.70).A recipient of a non-designated grant shall not be required to execute a grant agreement in order to receive grant funds.
b) Grant funds may not be expended except pursuant to a Grant Agreement. Disbursement of grant funds without a Grant Agreement is prohibited.
c) The Board shall enter into an agreement with a qualified recipient using the Uniform Grant Agreement provided by GATU (see GATA Rule Section 7000.370) or the Uniform Intergovernmental Grant Agreement (see GATA Rule Section 7000.300). The intergovernmental agreement should be used when issuing a grant to another governmental entity, such as a State university or State agency.
d) The Grant Agreement must be executed by the authorized representative of the recipient within 60 days after receipt of the proposed Grant Agreement from the Board.A recipient of a designated grant must execute a grant agreement with the Board that:
1) Must be executed by the authorized chief executive officer of the recipient
ILLINOIS REGISTER 11405 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
within 60 days after receipt of the proposed grant agreement from the Board;
2) Must contain a representation by the recipient that it will expend all grant funds in accordance with the requirements of the appropriation, the funding source and the grant agreement;
3) Must contain a provision that the recipient will refund any grant funds that the recipient was not eligible to receive or that were not spent in accordance with this Part;
4) Must contain a provision that the recipient will expend and disburse all grant funds, except for the audit fee, within the grant period;
5) Must contain a provision that the recipient will contract with an external auditor who is licensed as a public accountant by the Illinois Department of Professional Regulation to conduct an audit of grant expenditures. ec) Designated grant funds may not be used to reimburse a recipient for obligations or expenditures prior to the date of the Grant Agreementgrant agreement, except that otherwise eligible expenditures that occur after the effective date of any appropriation may be reimbursed from grant funds. fd) Designated grant funds may be distributed by the Board to a recipient prior to the expenditure or obligation by the recipient. ge) Interest earned by the recipient is subject to the Parameters Regarding Interest Earned stipulated by GATU (see GATA Rule Section 7000.120). For grants of less than $250,000, interest earned by the recipient may be retained by the recipient since the cost of accounting for the interest or allocating the interest to principal is deemed significant in terms of the amount of interest to be received. For grants of $250,000 and more, interest earned by the recipient must be accounted for and interest earned shall become a part of the grant principal and used only for those purposes authorized by the grant agreement. For grants over $250,000, the Board may pay out such grants in installments, with each installment taking into account the purpose of the grant and the rate of anticipated expenditure of the grant funds by the recipient. f) For designated grants, grant agreements shall comply with the Grant Funds
ILLINOIS REGISTER 11406 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
Recovery Act [30 ILCS 705].
(Source: Amended at 44 Ill. Reg. 11400, effective June 24, 2020)
Section 1001.50 Post-AwardAudit Requirements and Guidelines
a) Recipients are subject to the Auditing Standards stipulated by GATU (see GATA Rule Section 7000.90).Within 120 days after the end of the grant period, the recipient shall submit a schedule of budgeted and actual grant expenditures audited by an external auditor who is licensed as a public accountant by the Illinois Department of Professional Regulation. The audit shall include an opinion by the auditor on the schedule of budgeted and actual grant expenditures and assurance that grant funds were expended in conformance with the purpose of the grant as included in the appropriation, or other funding source, and the grant agreement. Any funds not so expended shall be refunded to the Board. Any recipient that fails to submit an audit shall refund the entire grant amount to the Board.
b) The recipient shall not deviate from the budget, project scope, or objectives stated in the Grant Agreement, except with mutual agreement of the Board and the recipient. (See GATA Rule Section 7000.370(b).) The Board shall review a request and notify the recipient within 30 calendar days after receipt of a request.Recipients of $25,000 or less in grant funds may submit a statement signed by the chief executive officer of the recipient in lieu of an audit. Such verified statement shall include a schedule of budgeted and actual expenditures and shall represent that grant funds have been used for the purpose contained in the appropriation, or other funding source, and the grant agreement. The verified statement shall further state that the recipient has complied with all requirements with respect to the grant as set forth in the statute, administrative rules, or grant agreement, if applicable.
c) The recipient shall file Periodic Performance Reports with the Board on progress made and financial data for the reporting period. The initial report shall cover the first 3 months after the Board approves the award. Reports are to be filed using the forms provided by the Board and submitted no later than 30 days after the end of each quarter. (See GATA Rule Section 7000.410.)
d) The awardee shall take the following actions to complete grant closeout at the end of the period of performance. (See GATA Rule Section 7000.440.)
ILLINOIS REGISTER 11407 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
1) Promptly refund any balances of unobligated cash that the Board paid in advance and that are not authorized to be retained by the awardee for use in other projects. Refunds shall be returned to the Board within 45 days after the end of the period of performance.
2) Expend any encumbered grant funds during a lapse period of 60 days past the end of the period of performance. Any encumbered but unexpended grant funds remaining at the end of the lapse period shall be returned to the Board within 45 days.
3) Submit, no later than 60 days after the end date of the grant period, a statement of costs and revenues signed by the institution's authorized representative.
4) Deadlines may be extended at the discretion of the Board. Extensions shall be issued only in extraordinary circumstances not in the control of the awardee.
(Source: Amended at 44 Ill. Reg. 11400, effective June 24, 2020)
ILLINOIS REGISTER 11408 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Illinois Cooperative Work Study Program
2) Code Citation: 23 Ill. Adm. Code 1015
3) Section Numbers: Adopted Actions: 1015.10 Amendment 1015.20 Amendment 1015.30 Amendment 1015.50 Amendment 1015.60 Amendment 1015.70 Amendment
4) Statutory Authority: Implementing and authorized by Section 3 of the Illinois Cooperative Work Study Program Act [110 ILCS 225].
5) Effective Date of Rules: June 24, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? The rulemaking does not include incorporation by reference pursuant to Section 5-75 of the Illinois Administrative Procedure Act.
8) A copy of the adopted rules is on file in the Board of Higher Education's office and is available for public inspection.
9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 4109, March 20, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: In Sections 30 and 50, the amendments excluding for-profit institutions have been removed. Private institutions of higher education, both not-for-profit and for-profit, will continue to be eligible for this program.
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? None were made.
13) Will this rulemaking replace any emergency rule currently in effect? No
ILLINOIS REGISTER 11409 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: The adopted amendments incorporate the requirements of the Grants Accountability and Transparency Act (GATA). The GATA requirements include: adding new terminology; referencing the GATA rules for recipient qualification and use of uniform grant agreements; removing some of the requirements that have since been incorporated into the new uniform grant agreement; and referencing GATA rules on interest earned, audit requirements, and post-award requirements. The adopted amendments incorporate new statutory requirements and Board criteria.
16) Information and questions regarding these adopted rules shall be directed to:
Karen Helland, Administrative Rules Coordinator Illinois Board of Higher Education 1 N. Old State Capitol Plaza, Suite 333 Springfield IL 62701-1377
217/557-7358 fax: 217/782-8548 [email protected]
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 11410 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1015 ILLINOIS COOPERATIVE WORK STUDY PROGRAM
Section 1015.10 Purpose 1015.20 Definitions 1015.30 Eligible Applicants 1015.40 Selection of Projects for Grants 1015.50 Grant Application Procedures 1015.60 Grant Criteria 1015.70 Post-AwardAudit Requirements
AUTHORITY: Implementing and authorized by Section 3 of the Illinois Cooperative Work Study Program Act [110 ILCS 225].
SOURCE: Adopted at 16 Ill. Reg. 4496, effective March 9, 1992; amended at 44 Ill. Reg. 11408, effective June 24, 2020.
Section 1015.10 Purpose
The program providesThe purpose of the Illinois Cooperative Work Study Program is to provide a program of financial assistance to support student cooperative work study programs in higher education to benefit students academically and financially, reduce reliance on loans, enhance public-private sector partnerships, and encourage students to seek permanent employment in Illinois. (Section 3 of the ActPublic Act 87-513 (the Act), adopted September 13, 1991, effective September 13, 1991)
(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)
Section 1015.20 Definitions
"Act" means Illinois Cooperative Work Study Program Act [110 ILCS 225].
"Administrative costs" means costs other than student wages and salaries, items that go into the hands of students, cost reimbursements to students, and the cost of
ILLINOIS REGISTER 11411 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS audits.
"Board" means the Illinois Board of Higher Education. (Section 2 of the Act)
"Cooperative Work Study work study" means an academically related work and study experience with business, industry, government or other agencies and organizations. Cooperative work study may include, but is not limited to, summer internships, clinical placements, internships and work experiences during the academic year. (Section 2 of the Act)
"Direct Costs" means costs that can be directly assigned to activities conducted under this Part relatively easily, with a high degree of accuracy.
"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708]. GATA rules are cross-referenced in this Part.
"GATA Rule" means 44 Ill. Adm. Code 7000.
"GATU" means the Grant Accountability and Transparency Unit within the Illinois Governor's Office of Management and Budget.
"Grant Period" or "Period of Performance" means the time during which the awardee may incur new obligations to carry out the work authorized. The Board will include the start and end dates in the Grant Agreement.
"Illinois Resident Studentresident student." means To qualify as an Illinois resident student meeting, one of the following two requirements must be met:
At least one parent, step-parent, or court appointed guardian must reside in Illinois; or
The emancipated (self-supporting) student must have lived in Illinois, in some capacity other than as a student at an Illinois public or nonpublic institution of higher education, for a period of 12 consecutive months immediately prior to the enrollment.
"Indirect Facilities and Administrative Costs" means those costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted without effort
ILLINOIS REGISTER 11412 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
disproportionate to the results achieved.
"Nonpublic Institutioninstitution of Higher Educationhigher education" means an Illinois educational organization, other than a public institution of higher education, that provides a minimum of an organized two-year program at the private junior college level or higher and that operates in conformity with standards substantially equivalent to those of the public institutions of higher education. (Section 2 of the Act)
"Performance Goal" means a target level of performance expressed as a tangible, measurable objective or as a qualitative standard, value or rate. A performance goal includes a performance indicator, a target, and a time period, and must be expressed in an objective, quantifiable or measurable form when possible. When necessary, the Board and an awardee shall use an alternative performance goal (such as a set of milestones) described in a way that makes it possible to discern whether progress is being made toward that goal.
"Program" means the Illinois Cooperative Work Study Program.
"Public Institutioninstitution of Higher Educationhigher education" means the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois Universitythe several universities and colleges under the governance of the Board of Governors of State Colleges and Universities, the several Regency Universities under the jurisdiction of the Board of Regents, the public community colleges of this State, and any other public universities, colleges and community colleges now or hereafter established or authorized by the General Assembly. (Section 2 of the Act)
(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)
Section 1015.30 Eligible Applicants
Eligible applicants are nonpublic and public institutions of higher education based in Illinois.
(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)
Section 1015.50 Grant Application Procedures
ILLINOIS REGISTER 11413 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
a) At any time that grant funds become available or that the Board has reason to believe that grant funds may become available, the Board shall notify in writing the chief executive officer of every public and nonpublic institution of higher education in the State of Illinois of the availability or projected availability of the grantsuch funds.
1) TheSuch notice shall contain, at a minimum, the following information:
A1) The deadline for the submission of applications, which deadline shall not be less than 45 days from the date of sending themailing of such notice; and
B2) The date the which such grants will be made and the deadline for the completion of grant projects; and, which deadline shall not be more than two years.
C) This State-funded program is subject to GATA. GATA rules are cross-referenced in this Part.
2) The application materials must include the Uniform Grant Application provided by GATU and signed by an authorized representative (see GATA Rule Section 7000.330). b) Grant project proposals shall contain, at a minimum:
1) Synopsis;
2) Statement of goals and specific objectives consistent with Section 1015.40;
3) Detailed description of the proposed project, including activities, completion schedule, operating procedures, and justification for funding;
4) The amountsamount(s) and sourcessource(s) of matching contributions earmarked for the project;
5) Performance goalsEvaluation procedures to determine the effectiveness of the project; and
ILLINOIS REGISTER 11414 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
6) Proposed budget amount for the matching funds, including audit, which is an allowable expenditure of grant funds. Indirect facilities and administrative costs and direct costs are disallowed for this program.Administrative costs are not an allowable expenditure of grant funds.
c) The Board staff shall review application documents of all institutions for compliance with the application and eligibility requirements. The Board staff may request additional documents or a meeting between its staff and institutional representatives to discuss questions about application documents. If theIn the event that material submitted by an applicant institution is incomplete or not of sufficient detail to provide an understanding of the proposed project or its justification, the Board staff shallwill request additional information for clarification or substantiation.
d) Once grants are awarded, theThe Board staff shall notify each applicant in writing concerning its application.whether or not it received a grant.
e) Application information and materials may be obtained from theand shall be submitted to:Illinois Cooperative Work Study Program Illinois Board of Higher Education, 1 N. Old State Capitol Plaza, Suite 333,4 West Old Capitol Square, Room 500 Springfield, Illinois 62701 or the Board's website at www.ibhe.org.
(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)
Section 1015.60 Grant Criteria
a) Non-Discrimination. No recipient shall discriminate on the basis of race, creed, sex, handicap, color, or national origin in the employment, training, or promotion of personnel or in the implementation of the program funded by the grant.
b) Grant Period. Grants shall be for the period stated in the Grant Agreementgrant agreement but no longer than one fiscal yearin no event for more than two years.
c) RefundsUnexpended Grant Funds. Any unexpended portion of the grant funds and any grant funds that the recipient was not eligible to receive or that were not spent in accordance with this Part shall be refunded to the Board.
ILLINOIS REGISTER 11415 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS d) Records RetentionRecord Keeping. All costs charged to the program shall be supported with documentationby properly executed documents. Financial records, supporting documents, statistical records, and all other awardee records pertinent to the State award shall be retained for 3 years after the date of submission of the final expenditures report.Such records shall be kept separately from the documents and maintained for a period of three years after receipt of final payment. e) Agreement Required. Grant funds may not be expended except pursuant to a Grant Agreement. Disbursement of grant funds without a Grant Agreement is prohibited.Evaluation. Within ninety days after the end of the grant period, the recipient shall submit to the Board an evaluation of the project. The evaluation of the project shall include systematic and objective procedures for appraising the project with respect to how closely the purposes were fulfilled and an explanation of any deviation therefrom. f) Audit. Within ninety days after the end of the grant period the recipient shall submit an audit of expenditure of grant funds provided under this program prepared by an external auditor who is registered as a public accountant by the Illinois Department of Professional Regulation. Any recipient which fails to submit an audit shall refund the entire grant amount to the Board. Complete payment of grant funds for any continuing project shall be contingent upon submission of the evaluation and audit for the previous grant period. fg) Prior Performance. For a grant applicant who is a prior recipient of an award under this Part, the Board shall review available information on the awardee's prior performance and consider that information when assessing grantee risk. This is part of the grantee assessment required by GATU (see GATA Rule Section 7000.340). g) Qualified Recipient. Board staff shall verify that each recipient is registered with GATU, has completed a prequalification process, and has been determined qualified by GATU (see GATA Rule Section 7000.70). h) Grant Agreement. The Board shall enter into a Grant Agreement with a qualified recipient using the Uniform Grant Agreement provided by GATU (see GATA Rule Section 7000.370).Contracts. All grants awarded under this program shall be made through contractual agreements between the Board and the recipient. Such agreements shall comply with the provisions of the Grant Funds Recovery
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Act (Ill. Rev. Stat. 1989, ch. 127, pars. 2301 et seq.).
(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)
Section 1015.70 Post-AwardAudit Requirements
a) Recipients are subject to the Auditing Standards required by GATU (see GATA Rule Section 7000.90).
b) The recipient shall not deviate from the budget, project scope, or objectives stated in the Grant Agreement except with mutual agreement of the Board and the recipient (see GATA Rule Section 7000.370(b)). The Board shall review a request and notify the recipient within 30 calendar days after receipt of a request.
c) The recipient shall file Periodic Performance Reports with the Board on progress made and on financial data for the reporting period. The initial report shall cover the first 3 months after the Board approves the award. Reports are to be filed using the forms provided by the Board and submitted no later than 30 days after the end of each quarter. (See GATA Rule Section 7000.410.)
d) The awardee shall take the following actions to complete grant closeout at the end of the period of performance (see GATA Rule Section 7000.440).
1) Promptly refund any balances of unobligated cash that the Board paid in advance and that are not authorized to be retained by the awardee for use in other projects. Refunds shall be returned to the Board within 45 days after the end of the period of performance.
2) Expend any encumbered grant funds during a lapse period of 60 days past the end of the period of performance. Any encumbered but unexpended grant funds remaining at the end of the lapse period shall be returned to the Board within 45 days.
3) Submit, no later than 60 days after the end date of the grant period:
A) A statement of costs and revenues signed by the institution's authorized representative.
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B) A written evaluation of the project signed by the project manager of the institution's authorized representative. The report must address the objectives and performance measures specified in the Grant Agreement. Performance shall be measured in a way that will help the Board and other applicants and recipients improve program outcomes, share lessons learned, spread the adoption of promising practices, and build evidence upon which the Program is based and performance decisions are made.
C) Deadlines may be extended at the discretion of the Board. Extensions shall be issued only in extraordinary circumstances not in the control of the awardee. a) Institutions shall contract with an external auditor who is registered as a public accountant by the Illinois Department of Professional Regulation. b) The auditor shall obtain copies of the following grant documents: the executed grant agreement and a copy of this Part. c) The auditor shall verify the expenditure of grant funds as provided for in the grant agreement and this Part. d) The auditors shall provide an audit including a description of the tests performed and the audit findings to the Board within 90 days after the termination of the grant period or within 90 days after the end of the institution's fiscal year for institutions electing to fulfill the audit requirements as part of their annual audit as provided by the Illinois Grant Funds Recovery Act (Ill. Rev. Stat. 1989, ch. 127, par. 2302). e) Refunds shall be made to the State by institutions for the following reasons:
1) Grant funds not expended;
2) Grant funds expended for purposes not allowed under this Part or under the grant agreement;
3) Grant funds received by the grantee for which the grantee is subsequently determined not to be eligible.
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NOTICE OF ADOPTED AMENDMENTS f) The cost of an audit is an allowable use of grant funds.
(Source: Amended at 44 Ill. Reg. 11408, effective June 24, 2020)
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1) Heading of the Part: Grow Your Own Teacher Grants
2) Code Citation: 23 Ill. Adm. Code 1085
3) Section Numbers: Adopted Actions: 1085.20 Amendment 1085.25 Amendment 1085.40 Amendment 1085.50 Amendment 1085.60 Amendment 1085.70 Amendment 1085.80 Amendment 1085.90 Amendment 1085.100 Amendment 1085.110 Amendment 1085.115 New Section 1085.120 Repealed
4) Statutory Authority: Implemented and authorized by Section 13 of the Grow Your Own Act [110 ILCS 48/13] and by Section 9.17 of the Board of Higher Education Act [110 ILCS 205/9.17].
5) Effective Date of Rules: June 24, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? The rulemaking does not include incorporation by reference pursuant to Section 5-75 of the Illinois Administrative Procedure Act.
8) A copy of the adopted rules is on file in the Board of Higher Education's office and is available for public inspection.
9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 4120, March 20, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: Minor technical changes, no substantive changes were made.
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12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? None were made.
13) Will this rulemaking replace any emergency rule currently in effect? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: PA 101-122 (effective July 26, 2019) amends the Grow Your Own Teacher Education Act by authorizing the Grow Your Own Illinois (an Illinois not-for-profit corporation) to administer the awarding of grants including the selection, management, and oversight of consortiums and other duties. The Illinois Board of Higher Education is responsible for allocating funds to Grow Your Own Illinois, for obtaining an independent evaluation of the program, and for promulgating rules. Also, the amendments include 1) authorization to recruit high school students enrolled in dual credit courses, 2) candidate eligibility no longer requires an interruption in college attendance, 3) graduates may work in early childhood programs to earn service credit for forgivable loan program, and 4) provisions to incorporation the Grants Accountability and Transparency Act regarding grant management.
16) Information and questions regarding these adopted rules shall be directed to:
Karen Helland, Administrative Rules Coordinator Illinois Board of Higher Education 1 N. Old State Capitol Plaza, Suite 333 Springfield IL 62701-1377
217/557-7358 fax: 217/782-8548 [email protected]
The full text of the Adopted Amendments begins on the next page:
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TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1085 GROW YOUR OWN TEACHER GRANTS
Section 1085.10 Purpose 1085.20 Definitions 1085.25 Roles and Responsibilities 1085.30 Eligibility 1085.40 Grant Applications Offered by Grow Your Own Illinois 1085.50 Planning Grant 1085.60 Implementation Grant 1085.70 Continuation Grant 1085.80 Candidates 1085.90 Forgivable Loan Program 1085.100 Grant Agreement Between Grow Your Own Illinois and Consortium 1085.110 Audit Requirements for Grants Awarded by Grow Your Own IllinoisGuidelines 1085.115 Grant Agreement and Audit Requirements for Allocation to Grow Your Own Illinois 1085.120 Grant Funds Recovery Act (Repealed)
AUTHORITY: Implementing the Board's authorities under of the Grow Your Own Teacher Education Act [110 ILCS 48] and under Section 9.17 of the Board of Higher Education Act [110 ILCS 205].
SOURCE: Adopted at 36 Ill. Reg. 17852, effective December 10, 2012; amended at 44 Ill. Reg. 11419, effective June 24, 2020.
Section 1085.20 Definitions
"Accredited Teacher Preparation Programteacher preparation program" means, for the purposes of this Part, a regionally accredited, Illinois approved teacher education program authorized to prepare individuals to fulfill all of the requirements to receive an Illinois initial teaching license/certificate (Section 10 of the Act).
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"Act" means the Grow Your Own Teacher Education Act [110 ILCS 48].
"Awardee" or "Grantee" means, for the purposes of this Part, a consortium or Grow Your Own Illinois.
"Board" means the Board of Higher Education"Board" means the Board of Higher Education (Section 10 of the Act).
"Candidate" means a person who is eligible to receive or is receiving assistance through a program offered by a consortium. A candidate must:
hold a high school diploma or its equivalent, or be a high school student enrolled in a dual credit course offered by a participating institution of higher education;,
meet either the definition of "parent and community leader" or the definition of "paraeducator";,
maintain a cumulative grade point average of at least 2.5 on a 4.0 scale (or the equivalent as determined by the Board of Higher Education);
attend monthly cohort meetings; and
apply for financial aid resources before applying for assistance from the programmust not have attended college right after high school or must have experienced an interruption in his or her college education, and does not hold a bachelor's degree (Section 20 of the Act).
"Paraeducator" means an individual with a history of demonstrated accomplishments in school staff positions (such as teacher assistants, school-community liaisons, school clerks, and security aides) in schools that meet the definition of a hard-to-staff school (Section 10 of the Act).
"Parent and Community Leadercommunity leader" means an individual who has or had a child enrolled in a school or schools that meet the definition of a hard-to-staff school under the definition of "eligible school" and who has a history of active involvement in the school or who has a history of working to
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improve schools serving a substantial percentage of low-income students, including membership in a community organization (Section 10 of the Act).
"Student with a Non-traditional Backgroundnon-traditional background" means a student who does not hold a bachelor's degree and who begins a baccalaureate program at a point in time other than immediately following graduation from high school or one who began a baccalaureate program after high school, did not complete it, and re-enters a baccalaureate program after some passage of time.
"Cohort" means a group of teacher education candidates who are enrolled in and share experiences in the same program and are linked by their desire to become Illinois teachers in hard-to-staff schools and by their need for the services and supports offered by the Initiative. A cohort may include a high school student enrolled in a dual credit course offered by a participating institution of higher education. (Section 10 of the Act).
"Community Organizationorganization" means a nonprofit organization that has a demonstrated capacity to train, develop, and organize parents and community leaders into a constituency that will hold the school and the school district accountable for achieving high academic standards; in addition to organizations with a geographic focus, "community organization" includes general parent organizations, organizations of special education or bilingual education parents, and school employee unions (Section 10 of the Act).
"Consortium" means, for the purposes of this Part, an association of entities pooling their resources to offer a program. A consortium shall be composed of at least one 4-year institution of higher education with an Illinois accredited teacher education program, at least one school district or group of schools, and one or more community organizations. The consortium may also include a 2-year institution of higher education, a school employee union, or a regional office of education. (Section 20 of the Act)
"Continuation Grantgrant" means an award of grant funds to a consortium for a program if an implementation grant or a continuation grant was awarded in the prior fiscal year pursuant to this Part and all requirements of the prior grant agreement were met.
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"Counsel Outout" means a systematic approach to identify a candidate who may be struggling in the program, and to determine if the candidate is performing at an acceptable level to continue without intervention or if the candidate should discontinue the program.
"Developmental Classesclasses" means classes in basic skill areas, such as mathematics and language arts, that are prerequisite to, but not counted towards, degree requirements of a teacher preparation program (Section 10 of the Act).
"DFPR" means the Illinois Department of Financial and Professional Regulation or its successor.
"Dual Credit" means an instructional arrangement in which an academically qualified student currently enrolled in high school enrolls in a college-level course and, upon successful course completion, concurrently earns both college credit and high school credit.
"Early Childhood Program" means a program licensed by the Department of Children and Family Services in which no fewer than 40% of the children it serves are receiving subsidized care under the Department of Human Services' Child Care Assistance Program, a Head Start or Early Head Start Program, a Preschool for All Program, or a prevention initiative (Section 10 of the Act).
"Eligible Schoolschool" means an early childhood program or a public elementary, middle, or secondary school in this State that serves a substantial percentage of low-income students and that is either hard-to-staff or has hard-to- staff teaching positions (Section 10 of the Act).
"Hard-to-staff Schoolschool" means an early childhood program or a public elementary, middle, or secondary school in this State that, based on data compiled by the State Board of Education in conjunction with the Board of Higher Education, serves a substantial percentage of low-income students, as defined by the State Board (Section 10 of the Act).
"Hard-to-staff Teaching Position teaching position" means a teaching category (such as special education, bilingual education, mathematics, or science) in which statewide data compiled by the State Board of Education in conjunction with the Board of Higher Education indicates a multi-year
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pattern of substantial teacher shortage or that has been identified as a critical need by the local school board (Section 10 of the Act).
"Schools Servingserving a Substantial Percentagesubstantial percentage of Low-income Studentslow-income students" means schools that maintain any of grades pre-kindergarten through 8, in which at least 35% of the students are eligible to receive free or reduced-price lunches, and schools that maintain any of grades 9 through 12, in which at least 25% of the students are eligible to receive free or reduced price lunches (Section 10 of the Act).
"Fiscal Agentagent" means the Illinois public institution pursuant to the Board of Higher Education Act [110 ILCS 205] or a private not-for-profit institution authorized to operate within the State of Illinois pursuant to the Private College Act [110 ILCS 1005] and/or the Academic Degree Act [110 ILCS 1010]; or has been in continuous operation and granted degrees within the State of Illinois before the effective date of those Acts and has not modified the business entity since the effective dates of those Acts; or Grow Your Own Illinois. This definition does not apply to consortia established before 2010.
"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].
"GATA Rule" means 44 Ill. Adm. Code 7000.
"GATU" means the Grant Accountability and Transparency Unit within the Illinois Governor's Office of Management and Budget.
"Grant Period" or "Period of Performance" means the time during which the awardee may incur new obligations to carry out the work authorized under the grant. The start and end dates will be included in the Grant Agreement.
"Grow Your Own Illinois" or "GYOI" means the not-for-profit corporation that was incorporated in Illinois in 2007 and continues in good standing with the Illinois Secretary of State.
"Initiative" means the Grow Your Own Teacher Education Initiative created under the Act (Section 10 of the Act).
"Institution" means an institution of higher education.
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"Implementation Grantgrant" means an award of grant funds to a consortium for a program only if a planning grant was received in the prior fiscal year pursuant to this Part. This award may also be available to a consortium in which the composition of the membership has changed.
"Performance Goal" means a target level of performance expressed as a tangible, measurable objective or as a qualitative standard, value or rate. A performance goal includes a performance indicator, a target, and a time period, and must be expressed in an objective, quantifiable or measurable form when possible. When necessary, an alternative performance goal (such as a set of milestones) described in a way that makes it possible to discern whether progress is being made toward that goal may be used.
"Planning Grantgrant" means a one-time award of grant funds to a potential consortium that will enable the group to work with GYOIthe Board to organize, coordinate and submit an application for an implementation grant.
"Potential Consortiumconsortium" means a consortium that has not received a planning grant pursuant to this Part.
"Program" means a Grow Your Own Teacher preparation program established by a consortium under the Act (Section 10 of the Act).
"Year of Serviceservice" means, for the purposes of this Part, full-time employment for at least half a school year, or an equivalent amount of part-time employment, in:
An early childhood program or aA public school that, at the time the individual becomes employed, is either one of the schools targeted by the program completed by the individual with assistance under this Part or another school that is hard to staff; or
A teaching position that, at the time the individual becomes employed, is a hard-to-staff teaching position.
(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)
Section 1085.25 Roles and Responsibilities
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a) The Board of Higher Education is responsible for, subject to appropriation, allocating funds to Grow Your Own Illinois for the purpose of administering the program (Section 20 of Act). b) GYOI is responsible for administration of the Grow Your Own (GYO) Initiative. Responsibilities include, but are not limited to, developing and releasing applications, reviewing applications and selecting grantees, fiscal monitoring, maintaining a candidate database system, development and review of contracts to support the initiative, reviewing of consortia annual reports and consultant reports, coordination and communication of expectations to all consortia members, and convening meetings of all consortia members developing and appointing an advisory board with members representative of all consortia. cb) The consortium is responsible for pooling all its collective resources and providing a variety of support services to increase the success rate of candidates graduating from an Illinois accredited teacher education program to become and to be placed as teachers in hard-to-staff schools. dc) The fiscal agent is responsible for providing direction and oversight for the consortium. Responsibilities include, but are not limited to, submitting grant applications and annual reports, meeting with program evaluators, monitoring grant expenditures and the budget, serving as liaison and primary contact person for the consortium, participating in cohort meetings, locating and hiring tutors, conducting meetings with academic counselors, collecting and reporting assessment and performance data, and attending consortium meetings. ed) A cohort coordinator is responsible for direct support and counseling to candidates. Responsibilities include, but are not limited to, assisting students with class schedules, helping candidates register and answer questions about registration, answering questions about teacher education programs and entrance requirements, helping candidates solve individual problems related to their classes, basic skills tests and other college requirements, conducting cohort meetings, conducting meetings with academic counselors, meeting with program evaluators, coordinating tutorial support, monitoring academic progress of candidates, assisting the consortium by providing information regarding the anticipated completion dates of candidates to assist with placement where positions may be available, and attending consortium meetings.
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NOTICE OF ADOPTED AMENDMENTS fe) The community based organization has unique responsibilities to support the success of the candidates. Responsibilities include, but are not limited to, helping improve the life outcomes of disadvantaged children and families, increasing parental involvement in schools, developing parent and candidate leadership and addressing commonly identified issues related to the school, carrying out community-school improvement activities, assisting in developing after school programs, applying for grants to support the consortium, meeting with program evaluators, identifying unique needs of candidates and providing support for those needs, working with higher education partners to locate and hire tutors to help candidates with coursework, and attending consortium meetings. gf) An independent program evaluator is responsible for reporting the extent of candidate persistence in program enrollment, acceptance as an education major in a 4 year institution of higher education, completion of a bachelor's degree in teaching, obtaining a teaching position in a target school or similar school, subsequent effectiveness as a teacher, and persistence in teaching in a target school or similar school. The evaluation shall assess the Initiative's overall effectiveness and shall identify particular program strategies that are especially effective (Section 35 of the Act). The evaluation process will include monitoring site visits, providing technical assistance to consortia, and providing other support services to GYOI and the Board as needed. The evaluator will produce an annual report that includes individual project and overall program data, identification of effective practices, and recommendations for program improvements. hg) An accredited Illinois teacher preparation program, housed within an Illinois institution of higher education, is responsible for providing high quality undergraduate coursework and clinical experiences that will prepare beginning teachers to work in hard-to-staff schools. The programs offered will align with the areas of need derived from the GYO consortium's needs assessment of the community's K-12 schools. ih) The hard-to-staff schools (elementary, middle and high school) are responsible for providing data (needs assessment) to the consortium on those areas that experience a multi-year pattern of substantial teacher shortage or have been identified as a critical need by the local school board, providing sites for clinical experiences for GYO participants/candidates and providing employment opportunities for GYO graduates when possible.
(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)
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Section 1085.40 Grant Applications Offered by Grow Your Own Illinois
Grow Your Own IllinoisThe Board will release applications for planning, implementation and continuation grants when sufficient funding is made available to GYOIthe Board during any given fiscal year and GYOIthe Board determines a need for grants. Each release will include information about the application requirements, the categories of allowable expenditures, the information required, and thesuch certifications, assurances and program-specific terms of the grant that will by specified in the Grant Agreementrequired by the Board. Applications shallwill be signed by each member of the potential consortium or consortium.
a) Applications for grant funds shall be made on prescribed forms developed by GYOIthe Board and shall include, but not be limited to, the following provisions and information:
1) The names, addresses, chief officers and general description of each member of the potential consortium or recognized consortium;
2) Name and contact information of the fiscal agent, as defined in Section 1085.20; and
3) Certification that the grant funds will be used for planning activities pursuant to Section 1085.50, implementing a program pursuant to Section 1085.60, or continuing a program pursuant to Section 1085.70.
b) Applications shall also include additional information and documentation as specified by the type of grant:
1) Planning grant requirements in Section 1085.50;
2) Implementation grant requirements in Section 1085.60; or
3) Continuation grant requirements in Section 1085.70.
c) GYOI will make applications available at its business address and on its websiteGrant applications may be obtained from the Illinois Board of Higher Education, 431 East Adams Street, Second Floor, Springfield, Illinois 62701-1404 or the Board's website at www.ibhe.org.
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d) Completed applications must be submitted to GYOI the Board at the address indicated in the applicationsubsection (c) and must be received by the announced deadline for the submission of applications, which shall not be less than 45 days after the announcement and release of application materials. Completed applications will not be accepted after the announced deadline for the submission of applications within any fiscal year.
e) GYOIBoard staff shall review application documents for compliance with the application and eligibility requirements. GYOIThe Board may request additional documentation and/or a meeting between its staff and institutional representatives to resolve questions about application documents. In the event that material submitted by an applicant institution is incomplete or not of sufficient detail to provide an understanding of the proposed projects, GYOIthe Board will request additional information.
f) After the review is complete, GYOIthe Board shall provide written notification to an applicant indicating whether the applicant is eligible to receive a grant award.
(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)
Section 1085.50 Planning Grant
Grow Your Own IllinoisThe Board may, if it chooses, award and administer a small number of planning grants during any fiscal year to potential consortia (Section 30 of the Act). GYOIThe Board shall indicate the maximum amount to be reserved for planning grants and the maximum amount available per grant.
a) In addition to the application requirements of Section 1085.30, the application for a planning grant must include the following:
1) Proposal
A) Describes a plan of work for developing a consortium and a Grow Your Own program that will be eligible for an implementation grant under this Part;
B) Provides evidence that at least a subset of the teachers typically prepared by the institution seeks employment in communities where hard-to-staff schools are located;
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C) Demonstrates that the institution is not applying for funding on behalf of an existing consortium that is currently serving a group of candidates under a model substantially similar to that described in the Act and that further information is needed about the specific barriers that exist with respect to enabling individuals with a long- term commitment to those communities to complete teacher preparation; and
D) Demonstrates need by a hard-to-staff school or by a K-12 district for teachers in hard-to-staff positions.
2) Supporting Documentation
A) Letters of interest from one or more early childhood programs, school districts or schools indicating willingness to collaborate in offering opportunities for candidates in the program to complete pre-student teaching clinical experiences in hard-to-staff schools or positions; and
B) If additional community organizations are being considered for membership in the consortium, letters of invitation that the applicant has sent to one or more relevant community organizations proposing a role for the organizations in the proposed consortium, along with a rationale provided by the applicant for inclusion of these organizations.
3) GYOIThe Board shall provide the categories of allowable expenditures and require the submission of a budget summary and payment schedule, completed on the forms provided, as well as a narrative budget breakdown that provides a detailed explanation of each line item of expenditure. Allowable uses of planning grant funds shall include services and goods necessary to:
A) Secure the participation and commitment of the required members and the optional members of a consortium to develop a plan for collective decision-making that involves all partners and provides a mechanism for candidate input;
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B) Attract or identify viable potential candidates for teacher preparation who are para educators or parent and community leaders as contemplated by the Act, including assistance that will permit potential candidates to complete developmental coursework during their first four semesters of participation that will verify their academic readiness for enrolling in teacher preparation; and
C) Identify barriers to teacher certification for potential members of a given cohort, and the strategies and resources for mitigating those barriers and successfully ameliorating them within the programmatic, time and funding constraints of the program.
b) In awarding grants, GYOIthe Board shall select programs that successfully address initiative criteria and that reflect a diversity of strategies in terms of serving urban, suburban, and rural areas, the nature of the participating institutions of higher education, and the nature of hard-to-staff schools and hard- to-staff teaching positions on which a program is focused (Section 20 of the Act).
c) Each proposal that is submitted by a potential consortium and meets the requirements of this Section shall be considered qualified for funding.
d) Funding decisions shall be made by balancing the goals of geographic distribution and accessibility with the level of need and the potential number of candidates to be served.
e) In the event that an audit or other evidence establishes that the consortium failed to perform and/or the expenditure of grant funds was not consistent with the consortium's proposal and the Grant Agreement, a full or partial reimbursement to the State through the Board shall be required. For example, if an auditor finds that any amount of funds waswere not used or waswere used in a manner inconsistent with the proposal, GYOIthe Board will seek reimbursement for that amount of funds.
(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)
Section 1085.60 Implementation Grant
New implementation grants shall be offered in years when the level of available funding allows one or more new programs or cohorts of candidates to be supported, given the requirements of
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Section 25 of the Act for ongoing support of cohorts that have begun their preparation in previous years. Grow Your Own IllinoisThe Board shall indicate the maximum amount to be reserved for implementation grants and the maximum available amount per grant.
a) In addition to the application requirements of Section 1085.30, the application for an implementation grant must include the following:
1) The responsibility and roles of each partner in the consortium shall be set forth in a written agreement signed by each partner to be submitted with the application. The written agreement shall address at least the following:
A) The process and responsibilities of each partner for the recruitment, selection and assessment of candidates;
B) The establishment of support systems and the specific roles of each partner in providing those supports. This may include, but shall not be limited to, tutoring, peer mentoring, professional development workshops and placement supports; and
C) The process to develop an evaluation plan to measure the progress and success of individual candidates, as well as an evaluation of the partnership, and the role of each partner in making improvements based on the results of the evaluations.
2) Information on the consortium participants, service targets and candidates.
A) The teacher preparation programs involved and their qualifications relevant to the requirements of the Act, including specific information on the institution's success in preparing teachers for positions in schools that serve a substantial percentage of low- income students;
B) The hard-to-staff schools and positions that are targeted;
C) The demographic make-up of the area served by the targeted schools;
D) Plans for recruiting candidates to the program;
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E) Selection criteria and process for admitting candidates into the program;
F) Evidence that the candidates of the cohort are paraeducators or parent and community leaders;
G) Plans for providing support to the candidates;
H) Plans for ensuring each candidate successfully progresses through the program. These plans will include strategies such as tutoring, study skills training, and other strategies to ensure candidates pass the appropriate testsIllinois basic skills test in accordance with the rules adopted by the State Board of Education for the licensure/certification of educators (see 23 Ill. Adm. Code 25.720750(b));.
I) Preparation status of existing candidates, if a cohort is already engaged in the program;
J) Procedures to use when a candidate fails to make an adequate rate of progress as specified in Section 1085.80(b), and the candidate is counseled out of the program;
K) A plan for contingency funding if State funding is discontinued or diminished; and
L) Procedures for placement supports for candidates, including identified roles and responsibilities of the consortium members in assisting with placement.
3) GYOIThe Board shall provide the categories of allowable expenditures pursuant to the Act and require the submission of a budget summary and payment schedule, completed on the forms provided, as well as a narrative budget breakdown that provides a detailed explanation of each line item of expenditure and covers the entire period of time during which the identified cohort is expected to be enrolled in the teacher preparation program.
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A) WhenWhere necessary, program budgets shall include the costs of child care and other indirect expenses, such as transportation, tutoring, technology, and technology support, necessary to permit candidates to maintain their class schedules. Grant funds may be used by any member of a consortium to offset thosesuch costs, and the services may be provided by the community organization or organizations, by any other member of the consortium, or by independent contractors. (Section 25(d) of the Act)
B) Grant funds may also be expended to pay directly for required developmental classes for candidates beginning a program. (Section 25(i) of the Act)
C) The community organization or organizations may receive a portion of the grant money for the expenses of recruitment, community orientation, and counseling of potential candidates, for providing space in the community, and for working with school personnel to facilitate individual work experiences and support of candidates. (Section 25(f) of the Act)
D) The school district or school employee union or both may receive a portion of the grant money for expenses of supporting the work experiences of candidates and providing mentors for graduates. Notwithstanding the provisions of Section 10-20.15 of the School Code, school districts may also use these or other applicable public funds to pay participants in programs under the initiative for student teaching required by an accredited teacher preparation program. (Section 25(g) of the Act)
E) One or more members of the consortium may expend funds to cover the salary of a site based cohort coordinator. (Section 25(h) of the Act)
F) No funds under the initiative may be used to supplant the average per-capita expenditures by the institution of higher education for candidates. The institution of higher education may expend grant funds to cover the additional costs of offering classes in community settings and for tutoring services. (Section 25(c) and (e) of the Act)
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G) A consortium shall implement a program of forgivable loans to cover any portion of tuition, books and fees charged of students preparing for teaching licenses/certificates in excess of grants-in- aid received.
H) Applicants shall be required to describe the steps that will be taken to decrease the need for GYO State funds for the consortium and its program over time. b) Proposals for implementation grants shall be evaluated in accordance with the following criteria:
1) Feasibility, Impact and Cost-Effectiveness
A) The proposal identifies a need for teachers in hard-to-staff schools and hard-to-fill positions and describes either a cohort that is available to enroll in the identified preparation program or time- specific plans for identifying and attracting the members of such a cohort;
B) The proposal describes strategies that will be used to reach members of underrepresented groups that reflect the diversity of the students enrolled in the participating schools and outlines plans for serving additional cohorts in future years;
C) The proposal demonstrates that:
i) Coursework and experiences required for certification will be scheduled and located to be accessible to members of the cohort; and
ii) Supportive services (e.g., child care, counseling, tutoring) that have been identified as necessary will be offered to enable candidates to progress through the program and attain certification;
D) The proposal establishes a timetable and performance level for candidates as a condition for their continued receipt of assistance under this program;
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E) The plan to evaluate the program by members of the consortium is designed to yield information that can be used both in judging the program's qualitative and quantitative impact and in identifying changes or new approaches that will improve the program's outcomes;
F) The proposal describes commitments and dedications of monetary and in-kind resources of each member of the consortium that will enable the consortium to sustain the program over time with a reduction in the need for GYO State funds;
G) The budget clearly describes the proposed use of grant funds as allowable, reasonable and cost-effective; and
H) The plan for recruiting and screening potential candidates will ensure that those individuals admitted will have a high likelihood of successfully completing the program in a reasonable length of time.
2) Quality of the Plan
A) The proposal describes the role of each entity that is a member of the consortium, including the resources each entity will devote to this initiative, the major areas requiring collaboration among the members, and how decisions will be made with input from the members and the participants;
B) The proposal includes plans for assisting candidates in tapping sources of financial aid beyond those made available under this Part and by the members of the consortium;
C) The proposal demonstrates that the institution of higher education has the capacity (i.e., faculty and other resources) to serve the cohort in its approved teacher preparation program. If a two-year institution is involved in the consortium, the proposal delineates how coursework, other requirements, and services will be coordinated between the institutions;
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D) The proposal describes the needs of the participating schools and demonstrates that the consortium's plan for certification under the program is relevant to those needs and will have an impact on the availability of qualified staff;
E) The plan of work for the program includes specific strategies for overcoming known barriers faced by the participating schools in retaining qualified teachers and for addressing and overcoming the barriers faced by the individuals who make up the cohort to be enrolled in the program; and
F) The proposal describes the consortium's plans for extending support to candidates for at least their first 2 years of teaching. This includes such activities and services as mentoring (if the district does not already offer a teacher mentoring program) and group meetings of the cohort. If the district offers a teacher mentoring program, the consortium should work with the existing district mentoring program to provide mentoring support to the new teacher.
3) Experience and Qualifications
A) The proposal provides evidence that faculty and relevant staff of the institution are knowledgeable regarding the needs of hard-to- staff schools and the specific issues that candidates from non- traditional backgrounds encounter when attempting to complete preparation for teaching careers;
B) The proposal demonstrates that the community organization that is a member of the consortium has a record of success in conducting projects or initiatives with a specific focus on involving parents and others in school improvement, either in the participating schools or schools with similar characteristics, and has the capacity (including staff and other resources) to recruit candidates for and support them as they progress through the program; and
C) The individual who is identified as coordinator for the cohort has experience in education and/or community organizing and in supporting individuals in the collegiate environment and is
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knowledgeable about group dynamics, support services and cultural issues relevant to the cohort.
4) Evaluation Plans A)The proposal relates plans for the evaluation of candidates' teaching skills to the relevant portions of the institution's educational unit assessment system (see 23 Ill. Adm. Code 25.140) and demonstrates that candidates in the program will be expected to meet the standards applicable to the approved program; andB)The proposal includes a plan for the evaluation of the program by the members of the consortium that will provide:
Ai) Information on the progress of candidates within the preparation program; and
Bii) When applicable, information on this initiative's outcomes in terms of candidates' placement into hard-to-staff teaching positions or hard-to-staff schools and their retention in those positions. c) In awarding grants, GYOIthe Board shall select programs that successfully address initiative criteria and that reflect a diversity of strategies in terms of serving urban, suburban, and rural areas, the nature of the participating institutions of higher education, and the nature of hard-to-staff schools and hard- to-staff teaching positions on which a program is focused. (Section 20 of the Act) d) GYOIThe Board shall approve proposals for funding and make final determinations regarding the amounts to be provided based upon:
1) The total funds appropriated for this initiative;
2) The needs and resources described and the amounts requested in the top- ranked proposals identified in accordance with the criteria set forth in subsection (b); and
3) The need to make programs under this Part accessible on a geographic basis in a manner that will increase the availability of candidates to serve in hard-to-staff schools and positions in all areas of the State.
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e) In the event that an audit or other evidence establishes that the consortium failed to perform and/or the expenditure of grant funds was not consistent with the consortium's proposal and the Grant Agreement, a full or partial reimbursement to the State, through the Board, shall be required. For example, if an auditor finds that any amount of funds were not used or were used in a manner inconsistent with the proposal, Grow Your Own Illinoisthe Board will seek reimbursement for that amount of funds.
(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)
Section 1085.70 Continuation Grant
a) A consortium that has received an implementation grant award or a continuation grant pursuant to this Part for a cohort of candidates in the prior fiscal year shall be subject to the requirements of this Section with respect to continued funding for that cohort in subsequent years.
1) The responsibility and roles of each partner in the consortium shall be set forth in a written agreement signed by each partner to be submitted with the application annually. The written agreement shall address at the least the following:
A) The process and responsibilities of each partner for the recruitment, selection and assessment of candidates;
B) The establishment of support systems and the specific roles of each partner in providing those supports. This may include, but shall not be limited to, tutoring, peer mentoring, professional development workshops, etc.; and
C) The process to develop an evaluation plan to measure the progress and success of individual candidates, as well as an evaluation of the partnership, and the role of each partner in making improvements based on the results of the evaluations.
2) In addition to the application requirements of Section 1085.40, the application for a continuation grant must include the following:
A) An end-of-year report from the project director on the following:
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i) Current status of the program and the status of each cohort member;
ii) The activities and support provided to date, including monetary and in-kind; and
iii) The degree to which candidates are achieving the program's objectives.
B) An updated proposal including:
i) Objectives, activities, timelines and evaluation procedures for the renewal year, showing that it continues to meet all of the requirements set forth in Section 1085.60;
ii) Results/outcomes that have been achieved to date; and
iii) The relationship of results to any changes proposed for program operations from the previous year.
C) An updated budget including:
i) Budget summary;
ii) Payment schedule; and
ii) Narrative budget breakdown that describes any needed variances from the budget proposed in the prior year of funding. b) When the consortium membership has changed or there is a plan in place to replace one or more of the partners, the consortium must contact GYOIthe Board prior to submitting an application for a continuation grant. The consortium must submit written notification of the membership change. GYOIThe Board will prescribe the form or format when releasing the Request for Proposals (RFP). GYOI willThe Executive Director of the Board shall review the notifications consistent with the following:
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1) If the 4-year institution of higher education with an Illinois accredited teacher education program is replaced or the school district or group of schools is replaced, the consortium is not eligible for a continuation grant. The newly formed consortium may be eligible for a planning or implementation grant and may be eligible for continuation grants in the years following the receipt of a planning or implementation grant.
2) If the partners want to add a school district or group of schools to the consortium, GYOIthe Executive Director shall consider whether this change is viable and what impact this will have on the candidates. If the reorganizationre-organization appears viable and there is no apparent risk that this change will interfere with the progression of candidates through the program, GYOIthe Executive Director shall recognize the reorganizedre-organized consortium. The reorganizedre-organized consortium may be eligible for a continuation grant.
3) A consortium may replace or add community organizations as it deems appropriate. If there is no apparent risk that the reorganizationre- organization will interfere with the progression of candidates through the program or harm the consortium, GYOIthe Executive Director shall deem that the reorganizedre-organized consortium is eligible for a continuation grant. c) A consortium that has received an implementation grant award or a continuation grant pursuant to this Part for a cohort of candidates in the prior fiscal year shall be subject to the requirements of this Section with respect to continued funding for that cohort in subsequent years.
1) The responsibility and roles of each partner in the consortium shall be set forth in a written agreement signed by each partner to be submitted with the application annually. The written agreement shall address at the least the following:
A) The process and responsibilities of each partner for the recruitment, selection and assessment of candidates;
B) The establishment of support systems and the specific roles of each partner in providing those supports. This may include, but shall not
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be limited to, tutoring, peer mentoring, professional development workshops, etc.; and
C) The process to develop an evaluation plan to measure the progress and success of individual candidates, as well as an evaluation of the partnership, and the role of each partner in making improvements based on the results of the evaluations.
2) In addition to the application requirements of Section 1085.40, the application for a continuation grant must include the following:
A) An end-of-year report from the project director on the following:
i) Current status of the program and the status of each cohort member;
ii) The activities and support provided to date, including monetary and in-kind; and
iii) The degree to which candidates are achieving the program's objectives.
B) An updated proposal including:
i) Objectives, activities, timelines, and evaluation procedures for the renewal year, showing that it continues to meet all of the requirements set forth in Section 1085.60;
ii) Results/outcomes that have been achieved to date; and
iii) The relationship of results to any changes proposed for program operations from the previous year.
C) An updated budget including:
i) Budget summary;
ii) Payment schedule; and
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ii) Narrative budget breakdown that describes any needed variances from the budget proposed in the prior year of funding.
d) GYOIThe Board shall, contingent upon appropriation or allocation of funds for this initiative, provide continuation funding to consortia that:
1) Demonstrate that a majority of the candidates in the cohort served have completed coursework required under the teacher preparation program during at least one semester of the preceding year, as described in Section 1085.50(b);
2) Demonstrate success in providing the supports necessary to retain candidates in the program; and
3) Demonstrate that their programs continue to comply with the provisions of the Act and this Part.
e) If, for any reason, the amount of funds available for release is not sufficient to distribute the continuation grants in a given fiscal year, GYOIthe Board shall distribute prorated shares to grantees.
f) In the event that an audit or other evidence establishes that the consortium failed to perform and/or the expenditure of grant funds was not consistent with the consortium's proposal and the Grant Agreement, a full or partial reimbursement to the State, through the Board, shall be required. For example, if an auditor finds that any amount of funds were not used or were used in a manner inconsistent with the proposal, GYOIthe Board will seek reimbursement for that amount of funds.
(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)
Section 1085.80 Candidates
a) Candidate Eligibility. The candidate shall:
1) MeetMeets the definition of a candidate in Section 1085.20;
2) MeetMeets the selection criteria determined by the consortium; and
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3) Be eligibleEligible for student financial aid and takes advantage of existing financial aid resources before using funds from the Forgivable Loan Program described in Section 1085.90. (Section 20(8)(L) of the Act) b) Performance Plan for Each Candidate. Grow Your Own IllinoisThe Board shall provide a level of performance to be maintained by candidates as a condition of continuing in the program. (Section 20(8)(K) of the Act) Measures to be implemented to ensure that each candidate makes adequate progress to complete the coursework required under the teacher preparation program shall include at least the following:
1) Any developmental classes that are prerequisites to a candidate being fully admitted into an Illinois education preparation program are to be completed within the first 4 semesters of a candidate's participation in the program;
2) The candidate successfully completes a minimum of 15 hours of coursework required under the teacher preparation program each academic year; and
3) Any candidate not completing coursework required under the teacher preparation programs for 2 consecutive semesters due to extenuating circumstances, including, but not limited to, military leave, health, etc., shall apply for a temporary leave from the GYO program. This application must be approved by the consortium partners. If the application is not approved or none is submitted, the candidate shall be deemed exiting the program without cause and subject to loan repayment. c) Information on Each Candidate. GYOIThe Board shall identify the information that each consortium will be required to collect and update, including, but not limited to, the following:
1) Data by candidate, to be reported or updated at least once per academic year:
A) Name, address and demographics;
B) Eligibility criteria;
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C) Date of enrollment, anticipated date of graduation, anticipated date of program completion, date of completion or exit;
D) If candidate exits before completion, provide explanation;
E) Developmental courses and tutoring;
F) Basic skills, teacher licensure and other test scores;
G) Grade point average (GPA) for all courses and for courses that compose the degree requirements of a teacher preparation program;
H) Annual amount of program loans, cumulative amount of program loans, and each year of teaching service; and
I) Information on the position taken by the graduate.
2) Data by cohort, to be reported or updated each academic year:
A) Pass rates on basic skills test, content test, Assessment Professional Test, and/or other tests identified by GYOIthe Board;
B) Number who intentionally exit voluntarily or do not register for two consecutive semesters;
C) Percentage who progress at the expected rate through the program; and
D) Percentage of candidates within the original cohort that start and complete the program.
(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)
Section 1085.90 Forgivable Loan Program
Every program under the initiative shall implement a program of forgivable loans to cover any portion of tuition, books, and fees of candidates under the program in excess of the candidates'
ILLINOIS REGISTER 11447 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS grants-in-aid. All students admitted to a cohort shall be eligible for a forgivable student loan. Loans shall be fully forgiven if a graduate completes 5 years of service in hard-to-staff schools or hard-to-staff teaching positions, with partial forgiveness for shorter periods of service. Grow Your Own IllinoisThe Board shall establish standards for the approval of requests for waivers or deferrals from individuals to waive this obligation. GYOIThe Board shall also define standards for the fiscal management of these loan funds. (Section 25(a) of the Act) Any candidate in a program administered under this Part may receive a forgivable loan for tuition, books and fees associated with completion of the teacher preparation program, provided those expenditures are not otherwise paid for through grants-in-aid or other resources of the consortium. Any amount expended for an individual's tuition, books and fees shall be considered a part of that individual's loan, regardless of how the payment is administered and regardless of whether the individual receives any actual payment of funds. The cumulative total amount of any candidate's loan shall not exceed $25,000.
a) Pursuant to Section 25(a) of the Act, loan funds provided to candidates as part of this program shall be fully forgiven if a graduate completes 5 years of service in hard-to-staff schools or hard-to-staff teaching positions, with partial forgiveness for shorter periods of service. Forgiveness and repayment of loans shall be determined as provided in this Section.
b) An individual may accrue the service required for forgiveness of loans under this Part in one or more eligible schools or positions.
c) If an individual has not assumed employment in an eligible school or position within 2 years after receiving a teaching license/certificate, the individual shall be required to begin the repayment of amounts loaned under this Part. No interest shall apply.
d) An individual who drops out of the program shall be required to begin repaying the amounts loaned in the month following the month when it becomes evident that he or she will not be completing coursework required under the teacher preparation program for 2 consecutive semesters.
e) If a graduate has not completed 5 years of service within 10 years after receiving a teaching license/certificate, the individual shall be required to begin the repayment of amounts loaned under this Part. The amount due shall be the total amount borrowed, less a percentage reflecting the relationship that any time taught by the individual in eligible schools or positions bears to the total 5 year
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commitment. Loan amounts shall be reduced in increments of 10% for each semester completed. f) Repayment of loans shall be made in no more than 60 equal installments. The minimum monthly payment will be determined by dividing the total amount due by 60. An individual may prepay the balance due on the loan in its entirety at any time or make payments in addition to the minimum amount owed each month without penalty. g) In addition to the loan forgiveness permitted under Section 25 of the Act, GYOIthe Board may defer or waive an individual's obligation to repay an amount due as provided in this subsection (g).
1) GYOIThe Board shall waive the repayment obligation for an individual who is counseled out of a preparation program or found ineligible to continue, provided that the individual's exit from the program is not due to a violation of law or of applicable institutional policies.
2) GYOIThe Board shall waive the repayment obligation for an individual who drops out of a preparation program or demonstrates that he or she is unable to complete a portion of the required teaching service due to:
A) The onset or exacerbation of a disability;
B) The need to care for an immediate family member during serious illness or disability;
C) Destruction of the individual's residence; or
D) Other circumstances that require the individual to assume responsibilities that cannot be avoided without serious financial hardship or other family disruption (e.g., death of a spouse that results in the need to take a second job or assume operation of a business).
3) GYOIThe Board shall waive the repayment obligation for a candidate who does not complete a preparation program due to the unavailability of a State appropriation for this initiative for at least 2 consecutive years.
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4) GYOIThe Board shall waive the repayment obligation for any candidate in good standing who cannot complete the preparation program due to the consortium's ineligibility for funds under Section 1085.70.
5) GYOIThe Board shall defer the repayment obligation for a period of time specifically related to the circumstances when an individual:
A) Is unemployed or is working for fewer than 30 hours per week;
B) Is experiencing a financial hardship (e.g., receiving public assistance, earning an amount per month that is no greater than 200% of the amount of the loan payment, or experiencing circumstances such as those outlined in subsection (g)(2) of this Section);
C) Has re-enrolled as a full-time student in an institution of higher education (for example, to pursue a master's degree) or in a program under this Part (for example, to obtain program training by attending a teacher education program for a specialized area, such as math or science); or
D) Is deployed for active duty as a member of the U.S. Armed Services, reserve forces of the United States or as a member of the Illinois National Guard.
6) Each request for a waiver or deferral of repayment shall be submitted in a format specified by GYOIthe Board. The affected individual shall describe the specific circumstances that apply. This description shall be accompanied by evidence such as a physician's statement, insurance claim or other documentation of the relevant facts. h) When a teaching license/certificate is issued to an individual who received assistance under this Part, the license/certificate shall be accompanied by:
1) A statement indicating the total amount of the loan received by the individual and identifying the dates applicable to repayment under this Section; and
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2) A claim form that the individual may use to claim forgiveness of the loan amount, which shall require the individual to identify the periods of service completed in eligible schools or positions and the school administrators who can verify the individual's service. i) Management of Loans
1) It shall be the responsibility of each 4 year institution of higher education, and of any 2 year institution that participates in a consortium, to assist GYOIthe Board with the forgivable loan process in the following manner:
A) By keeping records of the amounts provided to or on behalf of each individual for tuition, fees and books;
B) By keeping up-to-date contact information regarding the address and telephone number of each individual during the individual's preparation at that institution; and
C) By notifying GYOIthe Board within 30 days after a candidate fails to enroll in coursework as expected or otherwise ceases to participate in the program and informing GYOIthe Board of the total amount of the candidate's loan for direct expenses as of that point in time.
2) When a candidate leaves a 2 year institution and enters a 4 year institution to continue in a program under this Part, the 2 year institution shall inform both GYOIthe Board and the 4 year institution of the total amount of the candidate's loan for direct expenses as of that point in time. Each 2 year institution shall ensure that the affected 4 year institution continues to receive any information that subsequently affects the amount of a candidate's loan.
3) Each institution shall notify GYOIthe Board as to who will be responsible for this information and shall provide contact information for the responsible individual within the institution. j) It shall be the responsibility of GYOIthe Board to take such actions as may be necessary to secure repayment when necessary.
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(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)
Section 1085.100 Grant Agreement Between Grow Your Own Illinois and Consortium
a) Grant funds may not be expended except pursuant to a written Grant Agreementgrant agreement, and disbursement of grant funds without a Grant Agreement grant agreement is prohibited. At a minimum, a Grant Agreement grant agreement shall:
1) Describe the purpose of the grant and be signed by authorized representatives of Grow Your Own Illinoisthe Board and each member of the consortium;
2) Name and contact information of the project director;
3) Specify how payments shall be made and the financial controls applicable to the grant, including an agreement to file quarterly reports describing the progress of the activities and the expenditure of the related grant funds pursuant to the Illinois Grant Funds Recovery Act [30 ILCS 705];
4) Specify that the use of grant funds will be consistent with Section 1085.50 for a planning grant, Section 1085.60 for an implementation grant, or Section 1085.70 for a continuation grant;
5) Specify the period of time for which the grant is valid and the period of time during which grant funds may be expended by the grantee;
6) Contain a provision that all funds remaining at the end of the Grant Agreementgrant agreement, or at the expiration of the period of time grant funds are available for expenditure or obligation by the grantee, shall be returned to the State within 45 days;
7) Contain a provision that any grantees receiving grant funds are required to permit GYOI, the Board, the Auditor General or the Attorney General to inspect and audit any books, records or papers related to the projects for which grant funds were provided;
8) Contain a provision in which the grantee certifies under oath that all information in the Grant Agreement grant agreement is true and correct to
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the best of the grantee's knowledge, information and belief, that the funds shall be used only for the purposes described in the Grant Agreementgrant agreement, and that the award of grant funds is conditioned upon that certification;
9) Provide that the institution shall contract with an external auditor who is a certified public accountant licensed by DFPR to conduct an audit of the expenditure of grant funds provided under this program at the end of the grant period to verify that grant funds were expended pursuant to the Grant Agreementgrant agreement and not for unauthorized purposes; and
10) Require the grantee to use the interest earned on any grant funds for eligible projects. The interest earned on grant funds shall not change the amount of the grant.
b) GYOIThe Board may withhold or suspend the distribution of grant funds for failure to file required quarterly reports.
c) Upon the execution of a Grant Agreementgrant agreement, GYOIthe Board will process a paymentvoucher to the grantee in accordance with the terms of the Grant Agreementgrant agreement, provided that the funds have been appropriated and have been made available to GYOIthe Board.
(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)
Section 1085.110 Audit Requirements for Grants Awarded by Grow Your Own IllinoisGuidelines
a) To fulfill the audit requirements of this Part, the grantees shall contract with an external auditor who is a certified public accountant licensed by DFPR to perform an audit as specified in subsection (b).
b) The external auditor shall:
1) Receive a copycopies of the institution's application for a grant, the executed Grant Agreement,a certified grant agreement and a copy of this Part;
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2) Verify the expenditure of funds as provided for in this Part, and ensure that funds were expended on authorized expenditures listed in the Grant Agreementgrant agreement; and
3) Provide an audit report to GYOIthe Board including a description of the tests performed and the audit findings.
c) In the event that an audit or other evidence establishes that an overpayment was made in a grant to a granteean institution, a reimbursement to GYOIthe Board shall be required. A reimbursement is required in the following situations:
1) Grant funds were not expended within the grant period; or
2) Grant funds were expended for purposes not authorized under the Grant Agreementgrant agreement.
d) In the event that no audit isaudits are submitted, a granteean institution shall reimburse GYOIthe State for the total amount of the grant.
(Source: Amended at 44 Ill. Reg. 11419, effective June 24, 2020)
Section 1085.115 Grant Agreement and Audit Requirements for Allocation to Grow Your Own Illinois
The Board of Higher Education shall, subject to appropriation, allocate funds to Grow Your Own Illinois for the purposes of administering the program and awarding grants, as needed, to qualified consortia that reflect the distribution and diversity of hard-to-staff schools and hard-to- staff positions across this State (Section 20 of the Act).
a) Board staff will verify that GYOI is registered with the Illinois Secretary of State as a not-for-profit corporation and is in good standing, has completed a prequalification process, and has been determined "qualified" by GATU (see GATA Rule Section 7000.70).
b) Board staff will make a recommendation to the Board for approval of a Grant Agreement with GYOI.
c) The Board will enter into an agreement with GYOI under this Part using the Uniform Grant Agreement provided by GATU (see GATA Rule Section
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7000.370). Project objectives and performance goals will be included in the Uniform Grant Agreement to measure GYOI's performance. d) GYOI shall not deviate from the budget, project scope, or objectives stated in the Grant Agreement without the concurrence of the Board. (See GATA Rule Section 7000.370(b).) The Board will review a request and notify GYOI, within 30 calendar days after receipt of the request, of whether the Board concurs with the request. The GYOI shall request prior approval by the Board to:
1) Changing the scope or the objective of the project (even if there is no associated budget revision).
2) Changing the key person named by GYOI in the Grant Agreement.
3) Transfering funds among budget categories if the cumulative amount of these transfers exceeds 10% of the detail line or $1,000, whichever is greater. Transfer requests will be accepted up until the last 2 weeks of the period of performance. e) GYOI shall file Periodic Performance Reports with the Board on progress made and financial data for the reporting period. The initial report shall cover the first 3 months after the Board approves the award. Reports are to be filed using the forms provided by the Board and submitted no later than 30 days after the end of each quarter. (See GATA Rule Section 7000.410.) f) GYOI shall take the following actions to complete grant closeout at the end of the period of performance. (See GATA Rule Section 7000.440.)
1) Promptly refund any balances of unobligated cash that the Board paid in advance and that are not authorized to be retained by GYOI for use in other projects. Refunds shall be returned to the Board within 45 days after the end of the period of performance.
2) Expend any encumbered grant funds during a lapse period of 60 days past the end of the period of performance. Any encumbered but unexpended grant funds remaining at the end of the lapse period shall be returned to the Board within 45 days.
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3) Submit, no later than 60 days after the end date of the grant period, the following reports:
A) A statement of costs and revenues signed by GYOI's authorized representative.
B) A written evaluation of the project signed by GYOI's authorized representative. The report must address the objectives and performance measures specified in the Grant Agreement. Performance shall be measured in a way that will help the Board and other applicants and recipients improve program outcomes, share lessons learned, spread the adoption of promising practices, and build the evidence upon which the program is based and performance decisions are made.
C) Deadlines may be extended at the discretion of the Board. Extensions shall be issued only in extraordinary circumstances not in the control of GYOI.
g) GYOI is subject to the Auditing Standards stipulated by GATU (see GATA Rule Section 7000.90).
(Source: Added at 44 Ill. Reg. 11419, effective June 24, 2020)
Section 1085.120 Grant Funds Recovery Act (Repealed)
Grant funds are subject to the Illinois Grant Funds Recovery Act and all other applicable laws governing contracts and agreements in the State of Illinois. Pursuant to the Illinois Grant Funds Recovery Act, grants may be revoked and misspent grant funds recovered.
(Source: Repealed at 44 Ill. Reg. 11419, effective June 24, 2020)
ILLINOIS REGISTER 11456 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Nurse Educator Fellowship Program
2) Code Citation: 23 Ill. Adm. Code 1105
3) Section Numbers: Adopted Actions: 1105.200 Amendment 1105.300 Amendment 1105.400 Amendment 1105.500 Amendment 1105.600 Amendment 1105.700 Amendment 1105.800 New Section
4) Statutory Authority: Implementing and authorized by Section 9.32 of the Board of Higher Education Act [110 ILCS 205/9.32].
5) Effective Date of Rules: June 24, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? The rulemaking does not include incorporation by reference pursuant to Section 5-75 of the Illinois Administrative Procedure Act.
8) A copy of the adopted rules is on file in the Board of Higher Education's office and is available for public inspection.
9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 5562, April 3, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: Private, for-profit institutions will continue to be eligible for this program.
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? Yes
13) Will this rulemaking replace any emergency rule currently in effect? No
ILLINOIS REGISTER 11457 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: The adopted amendments incorporate the requirements of the Grants Accountability and Transparency Act (GATA). This includes adding new terminology and referencing the GATA rules for uniform grant application, risk assessment using prior performance, recipient qualification, uniform grant agreement, audit standards, and post-award requirements. In addition, the amendments help to address questions raised by nursing schools about the requirements to nominate a faculty member, the factors used by Board staff to recommend Fellows, and the responsibilities of the institution and Fellow. The Board staff have consulted with the Illinois Nursing Workforce Center regarding these amendments and the Center concurs with the proposed actions. These adopted amendments do not change this successful program.
16) Information and questions regarding the adopted rules shall be directed to:
Karen Helland, Administrative Rules Coordinator Illinois Board of Higher Education 1 N. Old State Capitol Plaza, Suite 333 Springfield IL 62701-1377
217/557-7358 fax: 217/782-8548 [email protected]
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 11458 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1105 NURSE EDUCATOR FELLOWSHIP PROGRAM
Section 1105.100 Purpose of the Nurse Educator Fellowship Program 1105.200 Definitions 1105.300 Fellow Eligibility 1105.400 Nomination Process 1105.500 Approval Process 1105.600 Awards 1105.700 Fellow Responsibilities 1105.800 Post-Award Requirements
AUTHORITY: Implementing and authorized by Section 9.32 of the Board of Higher Education Act [110 ILCS 205].
SOURCE: Emergency rules adopted at 30 Ill. Reg. 14363, effective August 16, 2006, for a maximum of 150 days; adopted at 30 Ill. Reg. 19523, effective December 5, 2006; amended at 44 Ill. Reg. 11456, effective June 24, 2020.
Section 1105.200 Definitions
"Act" means the Board of Higher Education Act [110 ILCS 205].
"Board" means the Board of Higher Education.
"Institution of Higher Learning" means a public or nonpublic institution of higher education located within Illinois that offers associate, baccalaureate or post- baccalaureate degrees and that is authorized to operate in the State.
"Eligible Institution" means an institution of higher learning in Illinois with a pre- licensure registered professional nursing program approved by the Illinois Department of Financial and Professional Regulation and accredited by the Commission on Collegiate Nursing Education (CCNE) or the Accreditation Commission for Education in Nursing, Inc. (ACEN)National League for Nursing
ILLINOIS REGISTER 11459 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
Accrediting Commission (NLNAC).
"Fellow" means an individual who receives Fellowship assistance under this Program.
"Fellowship" means the competitive award that supplements nursing faculty salaries to ensure the retention of well-qualified nursing faculty. [110 ILCS 205/9.32]
"Fiscal Year" means the period of July 1 to June 30 of the following year.
"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708]. GATA rules are cross-referenced in this Part.
"GATA Rule" means 44 Ill. Adm. Code 7000.
"GATU" means the Grant Accountability and Transparency Unit within the Illinois Governor's Office of Management and Budget.
"Illinois Nursing Workforce Center" means the center established within the Illinois Department of Financial and Professional Regulation to address issues of supply and demand in the nursing profession, including issues of recruitment, retention, and utilization of nurse manpower resources. [225 ILCS 65/75-10]
"Illinois Resident" means an individual who resides in the State of Illinois and is considered to be a resident by the Illinois Department of Revenue or Illinois Secretary of State.
"Indirect Facilities and Administrative Costs" means those costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted without effort disproportionate to the results achieved.
"Nominating Institution" means an eligible institution that has submitted Fellowship nomination materials on behalf of a nursing faculty member at its institution.
"Program" means the Nurse Educator Fellowship Program required by Section 9.32 of the Act and this Part.
ILLINOIS REGISTER 11460 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
"Qualified Applicant" means a nursing faculty member, nominated by an eligible institution, who meets the requirements of Section 1105.300.
"Recipient Institution" means the eligible institution that receives a Fellowship directly from the Board on behalf of the Fellow.
(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)
Section 1105.300 Fellow Eligibility
A qualified applicant must:
a) be an Illinois resident;
b) have a minimum of a master's degree in nursing;
c) be employed in a full-time nursing faculty position at an eligible institution;
d) have been employed by the nominating institution in a teaching position preparing registered professional nurses for a minimum of 12 months prior to submission of nomination materials;
e) have made significant contributions to the nursing program; and
f) have not received a Fellowship under this Program within the past 5 years.
(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)
Section 1105.400 Nomination Process
a) Eligible institutions will be notified by the Board when funding opportunities and nomination materials for the Nurse Educator Fellowship Program are available.
b) Nomination materials may be obtained from the Illinois Board of Higher Education, 1 N. Old State Capitol Plaza, Suite 333431 East Adams Street, Second Floor, Springfield, Illinois 62701-1404 or the Board's website at www.ibhe.org.
c) Nominations from eligible institutions are limited to no more than 3 full-time
ILLINOIS REGISTER 11461 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
nursing faculty members per campus annually.
d) The chief nursing administrator at an eligible institution shall identify and nominate qualified applicants for the Fellowship by completing the nomination form included in the nomination materials.
e) The nominee must complete the personal statement section of the nomination materials, indicating: his or her
1) intent to remain employed as a nursing faculty member with the nominating institution;in the State and
2) thehis or her anticipated use of Fellowship funds.
f) The nomination materials must include the Uniform Grant Application provided by GATU (see GATA Rule Section 7000.330) and be signed by the authorized representativechief executive officer of the nominating institution.
g) Completed nomination materials in accordance with subsections (d), (e) and (f) of this Section must be submitted to the Board by the announced deadline, which shall not be less than 45 days afterfrom the announcement and release of nomination materials.
(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)
Section 1105.500 Approval Process
a) The Board shall accept nominations for Fellowships in accordance with Section 1105.400.
b) Board staff shall review nominations to ensure the eligibility requirements are met in accordance with Section 1105.300.
c) Board staff shall make recommendations to the Board for approval of Fellowships based upon factors that shall include, but are not limited to, the following:
1) Strength of the nomination by the chief nursing administrator and the nominee's personalPersonal statement regarding proposed use of funds and employment plans;
ILLINOIS REGISTER 11462 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
2) Major accomplishments of the nominee, such as research, program improvements, and other nursing program contributions;
3) Statewide geographic distribution of Fellowship recipients; and
4) Distribution of Fellowship recipients among the degree levels and sectors of eligible institutions that nominate qualified applicants for the program; and
5) Tenure status (preference will be given to tenured/tenure-track faculty).
d) For a nominating institution that is a prior fiscal agent of an award under this Part, the Board staff shall review available information on the institution's prior performance and consider that information when assessing institution risk. This is part of the grantee risk assessment required by GATU (see GATA Rule Section 7000.340).
e) Upon Board approval, Fellowships can be made to the nominating institution, on behalf of the Fellow.
(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)
Section 1105.600 Awards
a) The amount of the Fellowship shall be no greater than $10,000.
b) The number of Fellowships awarded in a given fiscal year is contingent upon available funding.
c) If, for any reason, the appropriation to the Board is insufficient to fund Fellowships for all selected Fellows in accordance with subsection (a) of this Section, all Fellowships shall be reduced pro rata as necessary.
d) The purpose of the Fellowship is to enhance retention of well-qualified faculty by providing a salary supplement. At the discretion of the Fellow, funds may be used for, but are not limited to, professional development, conference expenses, continued education, professional dues, and other activities as defined in Section 1105.700.
ILLINOIS REGISTER 11463 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
e) The Fellow and the nominating institution shall be notified of the award in writing upon approval by the Board. f) Fellowship funds may not be expended except pursuant to a Grant Agreement. Disbursement of funds without a Grant Agreement is prohibited. g) Board staff shall verify that the recipient institution is registered with GATA, has completed a prequalification process, and has been determined qualified by GATU (see GATA Rule Section 7000.70). h) The Board shall enter into a Grant Agreement with a qualified recipient institution using the Uniform Grant Agreement provided by GATU (see GATA Rule Section 7000.370). i) Upon Board approval and verification of employment by the recipient institution, funds willshall be disbursed to the recipientnominating institution on behalf of the Fellow. jg) The recipient institution shall:
1) Serve as fiscal agent for the Board and receive the Fellowship funds on behalf of the Fellow;
2) Usemust use the Fellowship funds to supplement the salary of the Fellow. The Fundsand shall not supplant other revenue sources that support faculty salaries;.
3) Pay the Fellow in either a lump sum or installment plan in accordance with institutional payroll policies and procedures; and
4) Not deduct indirect facilities or administrative costs from the Fellowship award. h) Fellowship funds are payable to the Fellow in either a lump sum or installment plan in accordance with institutional payroll policies and procedures. ki) If the Fellow terminates employment with the recipient institution within 6 months after award notification from the Board:
ILLINOIS REGISTER 11464 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
1) The Fellow shall repay the funds awarded to date. These funds shall be remitted to the BoardState for deposit in the General Revenue Fund.
2) Fellows are not entitled to funds not yet paid by the institution. The recipient institution must remit any unused portion of the Fellowship to the BoardState for deposit in the General Revenue Fund.
j) Any interest earned on Fellowship funds by the institution may be retained by the institution when the cost of accounting for the interest or allocating interest to principal is deemed significant in terms of the amount of interest to be received.
(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)
Section 1105.700 Fellow Responsibilities
a) As a condition for acceptance of the Fellowship, the Fellow shall agree in the application form to participatebe actively involved in statewide nursing advocacy, including participation as needed in the following activities:
1) Collaboration with the Board and Illinois Nursing Workforce Center for Nursing regarding statewide nursing issues, as needed and with approval from the recipient institution's chief nursing administrator;
2) The Fellowship recognition ceremony hosted by the Illinois Nursing Workforce Center and Board; andReview of Fellowship nomination materials in subsequent years to assist the Board in Fellowship determination; and
3) Participation in Fellowship meetings or associated conferences sponsored by the Board or Illinois Nursing Workforce Center when attendance is approved by the recipient institution's chief nursing administratorfor Nursing.
b) If the Fellow terminates employment with the recipient institution within 6 months after award notification from the Board, the Fellow shall repay the funds awarded to date. The Fellow or recipient institution shall contact the Board regarding the appropriate manner to remit the funds for deposit in the General Revenue Fund.
ILLINOIS REGISTER 11465 20 BOARD OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENTS
c) Provide a final report to the nominating institution describing Fellowship experiences, including the use of funds. The Fellownominating institution shall submit the report to the nominating institution, the Illinois Nursing Workforce Center, and the Board on behalf of the Fellow.
(Source: Amended at 44 Ill. Reg. 11456, effective June 24, 2020)
Section 1105.800 Post-Award Requirements
a) Recipient institutions are subject to the Auditing Standards required by GATU (see GATA Rule Section 7000.90).
b) Except as otherwise provided in this subsection (b), the recipient institution shall submit a financial report to the Board within 30 calendar days following the payment of the Fellowship to the Fellow. The report shall include the Fellow's name, recipient institution's name, date of payment, and amount of Fellowship award after payroll deductions. When the Fellowship award is split into more than one payment, a report must be submitted within 30 calendar days after each payment.
c) The recipient institution shall take the following actions to complete grant closeout at the end of the fiscal year. (See GATA Rule Section 7000.440.)
1) Promptly refund any balances of unobligated cash that the Board paid in advance. Refunds shall be returned to the Board within 45 days after the end of the fiscal year.
2) Expend any encumbered grant funds during a lapse period of 60 days past the end of the fiscal year. Any encumbered but unexpended grant funds remaining at the end of the lapse period shall be returned to the Board within 45 days.
(Source: Added at 44 Ill. Reg. 11456, effective June 24, 2020)
ILLINOIS REGISTER 11466 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: General Hunting and Trapping on Department-Owned or -Managed Sites
2) Code Citation: 17 Ill. Adm. Code 510
3) Section Number: Adopted Action: 510.10 Amendment
4) Statutory Authority: Implementing and authorized by Sections 1.2, 1.3, 1.4, 1.13, 1.20, 2.1, 2.2, 2.6, 2.7, 2.9, 2.13, 2.18, 2.20, 2.24, 2.25, 2.26, 2.27, 2.28, 2.30, 2.33 and 3.5 of the Wildlife Code [520 ILCS 5] and by Section 805-515 of the Civil Administrative Code of Illinois [20 ILCS 805].
5) Effective Date of Rule: June 29, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rule, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.
9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5572, April 3, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: None
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.
13) Will this rulemaking replace an emergency rule currently in effect? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This Part has been amended to add language to describe an electronic check-in system that will be piloted on State-owned sites that already require hunters to sign-in/sign-out during each visit.
ILLINOIS REGISTER 11467 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
16) Information and questions regarding this adopted rule shall be directed to:
John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271
217/782-1809
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER 11468 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 510 GENERAL HUNTING AND TRAPPING ON DEPARTMENT-OWNED OR -MANAGED SITES
Section 510.10 General Site Regulations 510.20 Hunting and Trapping by Special Permit
AUTHORITY: Implementing and authorized by Sections 1.2, 1.3, 1.4, 1.13, 1.20, 2.1, 2.2, 2.6, 2.7, 2.9, 2.13, 2.18, 2.20, 2.24, 2.25, 2.26, 2.27, 2.28, 2.30, 2.33 and 3.5 of the Wildlife Code [520 ILCS 5] and by Section 805-515 of the Civil Administrative Code of Illinois [20 ILCS 805].
SOURCE: Adopted at 5 Ill. Reg. 8011, effective July 24, 1981; codified at 5 Ill. Reg. 10633; amended at 6 Ill. Reg. 9637, effective July 21, 1982; amended at 7 Ill. Reg. 10775, effective August 24, 1983; amended at 8 Ill. Reg. 13700, effective July 24, 1984; amended at 9 Ill. Reg. 11610, effective July 16, 1985; amended at 10 Ill. Reg. 15597, effective September 16, 1986; amended at 11 Ill. Reg. 9535, effective May 5, 1987; amended at 12 Ill. Reg. 11724, effective June 30, 1988; amended at 13 Ill. Reg. 10583, effective June 19, 1989; amended at 14 Ill. Reg. 14762, effective September 4, 1990; amended at 15 Ill. Reg. 9966, effective June 24, 1991; amended at 16 Ill. Reg. 11064, effective June 30, 1992; amended at 17 Ill. Reg. 10775, effective July 1, 1993; amended at 19 Ill. Reg. 10608, effective July 1, 1995; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 22 Ill. Reg. 14804, effective August 3, 1998; amended at 24 Ill. Reg. 8923, effective June 19, 2000; emergency amendment at 28 Ill. Reg. 13809, effective October 1, 2004, for a maximum of 150 days; amended at 29 Ill. Reg. 1364, effective January 10, 2005; amended at 30 Ill. Reg. 12126, effective June 28, 2006; amended at 37 Ill. Reg. 3068, effective March 4, 2013; amended at 38 Ill. Reg. 22714, effective November 18, 2014; amended at 39 Ill. Reg. 10897, effective July 27, 2015; amended at 41 Ill. Reg. 8468, effective June 28, 2017; amended at 42 Ill. Reg. 13049, effective June 22, 2018; amended at 44 Ill. Reg. 11466, effective June 29, 2020.
Section 510.10 General Site Regulations
a) Regulations
ILLINOIS REGISTER 11469 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
1) All the regulations cited in this Part apply to all Department species rules, unless the species rule is more restrictive.
2) The legal possession of a concealed firearm by a validly licensed concealed carry licensee (see 430 ILCS 66) is allowed within designated areas as defined in subsection (b)(2), subject to Section 2.33 of the Wildlife Code on illegal devices and State refuges, the prohibitions set forth in Section 65 of the Firearm Concealed Carry Act and any applicable federal regulations. Violation is a Class B misdemeanor (see 520 ILCS 5/2.33), except that violation of Section 2.33(g), (i), (o), (p), (y) and (cc) are Class A misdemeanors with a minimum $500 fine and a maximum $5,000 fine, in addition to other statutory penalties. Nothing in this Part shall be construed to criminalize the legal possession of a concealed firearm by a validly licensed concealed carry licensee (see 430 ILCS 66). b) Definitions
1) Unauthorized person – any individual who is not a Department employee, an individual who is not present for the purpose of hunting or trapping, or is an individual who does not fall under the definition of "non-hunting or non-trapping partner" pursuant to subsections (b)(10) and (d)(8).
2) Designated area – a defined location at a site with a set boundary within which only a specified recreational activity such as hunting or trapping may take place during a publicly announced time period.
3) Hunting/Trapping area – any portion of a site where actual hunting and/or trapping takes place. It does not include places such as parking lots, check stations, pavilions, or picnic areas associated with a hunting/trapping area.
4) Restricted area – a defined location at a site with a set boundary within which hunting and/or trapping is prohibited.
5) Refuge area – a defined location at a site with a set boundary within which no public activity or presence is allowed, except as authorized by the Department when it is determined that activity such as nature studies, hiking, fishing or camping would not be detrimental to the purpose of the refuge.
ILLINOIS REGISTER 11470 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
6) Adult – a person 18 years of age or older.
7) Waterfowl rest area – a defined location at a site with a set boundary within which no public activity or presence is allowed for a specified period of time, except as authorized by the Department.
8) Hunter or trapper quota – The maximum number of hunters or trappers that can be accommodated at a site at any one time. Hunter and trapper quotas are determined by the formula of one hunter or trapper per 10-40 huntable acres. The number of huntable acres is determined by, but not limited to, the biological studies on the number of available animals within a species, the condition, topography and configuration of the land at the site, the condition of the roads at the site and the number of employees available to work at the site.
9) Publicly announced – The information referred to will be included on the Department's Internet Home Page at www.dnr.illinois.gov, provided to outdoor writers for newspapers, and placed on the Department's Toll Free Hotline.
10) Non-hunting or non-trapping partner – a person who accompanies a hunter or trapper and does not hunt or trap during the trip. c) It shall be unlawful:
1) For any person to possess any alcoholic beverage or illegal drug or be under the influence of alcohol, illegal drugs, or intoxicating compounds while in any hunting/trapping area for the purpose of hunting or trapping.
2) To hunt or trap on any site with a manned check station without first declaring game killed on a previous hunt and in possession either on the hunter's person or in his vehicle.
3) To construct or use any tree stand using nails, screws or any device which pierces or cuts the bark of the tree on which it is installed.
4) To hunt or trap in a restricted area.
ILLINOIS REGISTER 11471 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
5) For unauthorized persons to use or occupy in any manner designated hunting areas during the permit dove hunting season and controlled pheasant hunting season at sites holding such seasons, or during any hunting season where such restrictions are so posted at the site, when authorized hunting is in progress.
6) To enter a refuge, restricted area or waterfowl rest area unless authorized by the Department.
7) To hunt or trap on any Department-owned or -managed land that is not a designated area pursuant to applicable species rules (17 Ill. Adm. Code 530, 550, 570, 590, 650, 660, 670, 680, 690, 710, 715, 720, 730, and 740).
8) To buy, sell or commercialize hunting or trapping rights, directly or indirectly, except that this does not apply to Department of Natural Resources hunting or trapping fees or to the operation of controlled pheasant hunting on Department lands pursuant to a written concession agreement.
9) To hunt or trap without a valid permit where permits are required.
10) To hunt with any weapon except shotgun or bow and arrow unless otherwise specified.
11) To track deer with dogs on any Department owned or managed site during hours when deer hunting is being conducted on the site.
12) To use or occupy a ground blind during any firearm deer season, unless at least 400 square inches of solid, vivid blaze orange material is securely attached to the uppermost portion of the blind and a substantial amount of orange is visible for 360 degrees. d) Specific Management Procedures
1) Specific management procedures will be posted at either check stations or site parking lots at the site so the procedures will be visible to the public.
2) Where there is a check station in operation, or where designated, hunters must sign in and/or sign out, and report harvest upon completing their hunt
ILLINOIS REGISTER 11472 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
via physical check stations, registration kiosks, or electronically,their kill within 15 minutes, or as posted, after completing their hunt. Some areas require the wearing of a back patch and depositing hunting license (or Firearm Owner's Identification card if the hunter is exempt from buying a license).
3) In the event that Department budget reductions or site staffing reductions make the operation of check stations impractical, State sites that now require check stations and other restrictive hunter regulations may be opened to statewide regulations or closed to hunting by posting such notice at the site.
4) Statewide regulations shall apply at sites where windshield cards are issued, except that each hunter must obtain a free site windshield card online from the Department website. This windshield card must be displayed under the vehicle windshield, face up, and with the windshield card number visible. Hunters must report their annual harvest online (even if the hunter did not hunt) by February 15 or two weeks after the season closes for those seasons ending after February 1. Hunters shall forfeit their hunting privileges at the site for the following year if they fail to report by the above deadline for two consecutive hunt years.
5) Department will have the authority to issue site specific deer permits in addition to any other deer permits issued by the Department (see Parts 650, 660, 670 and 680) and to designate the sex of deer (antlered or antlerless) that hunters may harvest through site-specific regulations.
6) All hunter or trapper quotas are filled on a first come-first served basis unless a drawing or special permit is used. The Department shall use a special permit or drawing whenever past hunter or trapper participation at a particular site reveals that the demand exceeds the quota established by the Department. Hunters or trappers will be notified as expeditiously as possible through site postings, news releases or public announcements when quotas are established.
7) During pheasant, rabbit, quail and partridge season, hunters are required to wear a cap and upper outer garment of solid and vivid blaze orange of at least 400 square inches while hunting pheasant, quail, Hungarian partridge, rabbit, snipe, rail and woodcock.
ILLINOIS REGISTER 11473 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
8) Non-hunting or non-trapping partners may accompany hunters and trappers on their hunting or trapping trips. Partners must be unarmed and remain with the hunter or trapper throughout the trip. On sites where special permits are required, each permit holder or party is limited to one non-hunting or non-trapping partner per trip. On sites with waterfowl blinds, non-hunters count towards the blind's maximum occupancy.
(Source: Amended at 44 Ill. Reg. 11466, effective June 29, 2020)
ILLINOIS REGISTER 11474 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Nuisance Wildlife Control Permits
2) Code Citation: 17 Ill. Adm. Code 525
3) Section Numbers: Adopted Actions: 525.20 Amendment 525.30 Amendment
4) Statutory Authority: Implementing and authorized by Section 2.37 of the Wildlife Code [520 ILCS 5]
5) Effective Date of Rules: June 29, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.
9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5580, April 3, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: None
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.
13) Will this rulemaking replace an emergency rule currently in effect? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This Part has been amended to expand requirements for individuals desiring to perform work on bat eviction and exclusion and to allow an electronic copy of a Nuisance Wildlife Control Permit in addition to a paper copy of the permit.
ILLINOIS REGISTER 11475 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
16) Information and questions regarding these adopted rules shall be directed to:
John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271
217/782-1809
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 11476 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 525 NUISANCE WILDLIFE CONTROL PERMITS
Section 525.10 Purpose 525.15 Definitions 525.20 Requirements, Application and Permit Procedures 525.30 General Provisions 525.35 Approved Methods of Take: Game Mammals, Furbearing Mammals and Other Mammals 525.40 Prohibited Methods of Take 525.45 Disposition of Animals 525.50 Euthanasia 525.55 Bats 525.60 Game Birds 525.65 Migratory Birds 525.70 Business Practices 525.75 Exceptions to Permit Requirements and Provisions 525.80 Revocation and Suspension of Permits: Hearings and Appeals
525.EXHIBIT A Application for Nuisance Wildlife Control Permit
AUTHORITY: Implementing and authorized by Section 2.37 of the Wildlife Code [520 ILCS 5].
SOURCE: Adopted at 15 Ill. Reg. 4149, effective March 4, 1991; amended at 16 Ill. Reg. 1826, effective January 17, 1992; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 23 Ill. Reg. 3406, effective March 8, 1999; amended at 27 Ill. Reg. 735, effective January 6, 2003; amended at 29 Ill. Reg. 3919, effective February 24, 2005; amended at 41 Ill. Reg. 8476, effective June 28, 2017; amended at 43 Ill. Reg. 9392, effective August 23, 2019; amended at 44 Ill. Reg. 11474, effective June 29, 2020.
Section 525.20 Requirements, Application and Permit Procedures
ILLINOIS REGISTER 11477 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS a) Any individual desiring to take game mammals, furbearing mammals, other mammals, game birds, or bats, or to provide services for the exclusion and/or eviction of bats, or game birds that are causing damage to property or risks to human health or safety on the land of another, for a fee, must first obtain a valid Class A Nuisance Wildlife Control Permit from the Department. b) Not-for-profit (501(c)(3)) zoos and botanical gardens desiring to take protected species that are causing damage to property, risks to human health or safety, or risks to specimens on lands owned by that entity must first obtain a valid Class B Nuisance Wildlife Control Permit from the Department. Landowners and tenants who desire to take migratory birds on their property, in accordance with a valid federal permit, and without the aid of a Class D or Class E permit, must first obtain a valid Class B permit from the Department. c) Any governmental body desiring to take game mammals, furbearing mammals, other mammals (e.g., bats) or game birds that are causing damage to property or risks to human health or safety must first obtain a valid Class C Nuisance Wildlife Control Permit from the Department. d) Any individual desiring to take migratory birds that are causing damage to property, risks to human health or safety, or nuisances on the land of another, for a fee, must first obtain a valid Class D Nuisance Wildlife Control Permit from the Department. e) Any governmental body desiring to take migratory birds that are causing damage to property, risks to human health or safety, or nuisances on lands governed, owned or managed by that governmental body must first obtain a valid Class E Nuisance Wildlife Control Permit. f) Permit Procedures
1) To be eligible for a Class A or Class D permit the applicant must be at least 18 years of age.
2) Application for a permit shall be made on forms provided by the Department.
3) The Department shall issue a Class A permit to an individual provided the applicant has:
ILLINOIS REGISTER 11478 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
A) met the eligibility requirements of subsection (f)(1);
B) achieved a score of at least 80% on a closed-book, written examination administered by the Department that tests the applicant's knowledge and understanding of:
i) this Part;
ii) Sections 2.37 and 2.38 of the Code;
iii) the Illinois List of Endangered and Threatened Fauna (17 Ill. Adm. Code 1010);
iv) the Illinois Dead Animal Disposal Act [225 ILCS 610];
v) "Specifications for the Humane Handling, Care, Treatment, and Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits, Hamsters, Guinea Pigs, Nonhuman Primates, and Marine Mammals" (9 CFR 3, subpart F);
vi) Disease Free Certification and Quarantine Provisions for Propagation, Release, Importation, Exportation, and Transportation of Game Mammals, Game Birds, Migratory Birds, or Exotic Wildlife (17 Ill. Adm. Code 630); and
vii) diseases, life cycles, habits and habitats of game mammals, furbearing mammals, other mammals, bats and game birds, as well as methods of preventing or controlling damage and risks to human health or safety caused by these species.
C) completed a Hunter Safety Course administered by the Department or provided proof of equivalent training if guns are to be used to take or euthanize animals. Submission of discharge papers from the military (DD 214) showing certification as a marksman, sharpshooter or expert is considered proof of equivalent training.
4) The Department shall issue a Class B permit to a landowner or tenant provided the applicant has:
ILLINOIS REGISTER 11479 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
A) met the eligibility requirements of subsection (f)(1);
B) provided a copy of his or her valid federal permit for taking migratory birds; and
C) completed a Hunter Safety Course administered by the Department or provided proof of equivalent training if guns are to be used to take or euthanize animals. Submission of discharge papers from the military (DD 214) showing certification as a marksman, sharpshooter or expert is considered proof of equivalent training.
5) Authorization granted to landowners or tenants and their agents for taking migratory birds is limited to properties owned or leased by those individuals and subject to refusal, revocation and/or suspension pursuant to subsections (g) though (j) of this Section and Section 525.80.
6) The Department shall issue a Class B permit to a not-for-profit (501(c)(3)) zoo provided that entity is accredited by the American Zoological Association. The Department shall issue a Class B permit to a not-for- profit (501(c)(3)) botanical garden provided that entity is a member of the American Arboreta and Botanic Garden Association. Authorization granted to not-for-profit zoos and botanical gardens is limited to properties owned by those entities and subject to refusal, revocation and/or suspension pursuant to subsections (g) through (j) of this Section and Section 525.80.
7) The Department shall issue a Class D permit to an individual provided the applicant has:
A) met the eligibility requirements of subsection (f)(1);
B) achieved a score of at least 80% on a closed book, written examination that tests the applicant's knowledge of:
i) this Part;
ii) Sections 2.37 and 2.38 of the Code;
ILLINOIS REGISTER 11480 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
iii) the Illinois List of Endangered and Threatened Fauna (17 Ill. Adm. Code 1010);
iv) the Illinois Dead Animal Disposal Act [225 ILCS 610];
v) Disease Free Certification and Quarantine Provisions for Propagation, Release, Importation, Exportation, and Transportation of Game Mammals, Game Birds, Migratory Birds, or Exotic Wildlife (17 Ill. Adm. Code 630);
vi) federal regulations (50 CFR 21.41); and
vii) diseases, life cycles, habits and habitats of migratory birds, as well as methods of preventing or controlling damage, risks to human health and safety, or nuisances caused by migratory birds.
8) Applicants failing the required examination may repeat the exam after 45 days. Should a second failure occur, a 6-month waiting period from the date of the second exam is required. The examination sequence can be repeated no more than twice during any 2-year period.
9) The Department shall issue a Class C or Class E permit to a governmental body upon approval of an application. g) Violation of the Illinois Endangered Species Protection Act [520 ILCS 10], the Fish Code of 1971 [520 ILCS 5] or the Wildlife Code during the 3 years prior to application for a Class A or Class D permit shall be grounds for refusal to issue said permit. h) Providing incomplete, deceptive or false information on an application shall be grounds for refusal to issue a permit. Providing deceptive or false information on an application is a Class A misdemeanor (see Section 2.38 of the Code). i) Permittees who have allowed their permits to expire or had their permits revoked or suspended for more than 60 days must reapply and retake any examinations required for issuance of Class A and Class D permits. j) Final judgement of applications shall be made by the Chief, Division of Wildlife
ILLINOIS REGISTER 11481 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Resources, or his/her designee, based on criteria in this Section and Section 525.80.
k) Class A, B and C permits shall be issued on an annual basis and expire January 31 of each year, except that:
1) permits issued to first-time applicants between November 1 and January 31 shall expire on January 31 of the following year;
2) Class B permits issued to landowners and tenants for control of migratory birds on their property may be issued for a period of time that coincides with their federal permit.
l) Class D and E permits shall be issued on an annual basis and expire on September 1 of each year.
(Source: Amended at 44 Ill. Reg. 11474, effective June 29, 2020)
Section 525.30 General Provisions
a) Nuisance Wildlife Control Permits are not transferable.
b) Under no circumstances shall a Nuisance Wildlife Control Permit be used in lieu of a scientific collector's permit (see 520 ILCS 5/3.22) or sport or commercial licenses (see 520 ILCS 5/3.1, 3.3 and 3.27).
c) The Nuisance Wildlife Control Permit or an electronic/digital copy must be carried on the person at all times when taking or transporting fauna and be presented, upon request, to any authorized employee of the Department or any peace officer. Violation is a petty offense (see 520 ILCS 5/2.37).
d) It shall be unlawful for any person to represent himself or herself falsely to be an authorized employee of the Department, or to assume to act as such without having been duly appointed and employed. Violation is a petty offense (see Section 2.37 of the Code).
e) A Class A Nuisance permittee is an industrial user as listed in the Hypodermic Syringes and Needles Act [720 ILCS 635].
ILLINOIS REGISTER 11482 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS f) It is unlawful for any person to take any protected species during the firearm deer hunting season in those counties open to firearm deer hunting, unless he or she wears, when in the field, a cap and outer garment of a solid blaze orange color, with those articles of clothing displaying a minimum of 400 square inches of blaze orange material. Violation is a Class B misdemeanor (see Section 2.33(ff) of the Code). g) The taking of white-tailed deer is prohibited except for the salvage and disposal of dead white-tailed deer in accordance with Section 525.45. h) The taking of bats is prohibited except as provided in Sections 525.55 and 525.75. i) The taking of game birds is prohibited except as provided in Section 525.60. j) The taking of migratory birds is prohibited except as provided in Sections 525.65 and 525.75. k) The taking of bald or golden eagles and species classified as endangered or threatened under the Illinois Endangered Species Protection Act (see the list of species in 17 Ill. Adm. Code 1010) is prohibited.
(Source: Amended at 44 Ill. Reg. 11474, effective June 29, 2020)
ILLINOIS REGISTER 11483 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Duck, Goose, and Coot Hunting
2) Code Citation: 17 Ill. Adm. Code 590
3) Section Numbers: Adopted Actions: 590.10 Amendment 590.20 Amendment 590.60 Amendment
4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2, 2.18, 2.19, 2.20, 2.23, 2.33, 3.5, 3.6, 3.7 and 3.8 of the Wildlife Code [520 ILCS 5] and Migratory Bird Hunting (50 CFR 20).
5) Effective Date of Rules: June 29, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.
9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5589, April 3, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: None
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.
13) Will this rulemaking replace an emergency rule currently in effect? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This Part has been amended to change the ending date of the Light Goose Spring Conservation Order hunt and to reduce the mandatory number of decoys.
ILLINOIS REGISTER 11484 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
16) Information and questions regarding these adopted rules shall be directed to:
John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271
217/782-1809
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 11485 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 590 DUCK, GOOSE AND COOT HUNTING
Section 590.10 Statewide Regulations 590.15 Duck, Goose and Coot General Hunting Regulations on Department-Owned and -Managed Sites Listed in Sections 590.40 and 590.50 590.20 Permit Controlled Department Sites Only – Duck, Goose and Coot Hunting 590.25 Illinois Youth Waterfowl Hunting Permit Requirements (Repealed) 590.26 Illinois Youth Duck Hunting Permit Requirements (Repealed) 590.30 Duck, Goose and Coot General Hunting Regulations on all Department-Owned and -Managed Sites (Repealed) 590.40 Check Station Department Sites Only – Duck, Goose and Coot Hunting 590.50 Non-Check Station Department Sites Only – Duck, Goose and Coot Hunting 590.60 Various Other Department Sites – Duck, Goose and Coot Hunting 590.70 Ohio River 590.80 Early and Late Goose (All Species) Hunting Regulations on Department Sites
590.EXHIBIT A The Non-Toxic Shot Zones of Illinois (Repealed)
AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2, 2.18, 2.19, 2.20, 2.23, 2.33, 3.5, 3.6, 3.7 and 3.8 of the Wildlife Code [520 ILCS 5] and Migratory Bird Hunting (50 CFR 20).
SOURCE: Adopted at 5 Ill. Reg. 8857, effective August 25, 1981; emergency amendment at 5 Ill. Reg. 11386, effective October 14, 1981, for a maximum of 150 days; codified at 5 Ill. Reg. 10638; Part repealed at 6 Ill. Reg. 9647, effective July 21, 1982; new Part adopted at 6 Ill. Reg. 11865, effective September 22, 1982; amended at 7 Ill. Reg. 13229, effective September 28, 1983; emergency amendment at 7 Ill. Reg. 13948, effective October 6, 1983, for a maximum of 150 days; emergency expired March 3, 1984; amended at 8 Ill. Reg. 18968, effective September 26, 1984; amended at 9 Ill. Reg. 14242, effective September 5, 1985; peremptory amendment at 9 Ill. Reg. 15062, effective September 25, 1985; emergency amendment at 9 Ill. Reg. 15928, effective October 8, 1985, for a maximum of 150 days; emergency expired March 5, 1986; amended at 10 Ill. Reg. 16588, effective September 22, 1986; emergency amendment at 10 Ill. Reg. 17773, effective September 26, 1986, for a maximum of 150 days; emergency expired
ILLINOIS REGISTER 11486 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
February 23, 1987; amended at 11 Ill. Reg. 10560, effective May 21, 1987; emergency amendment at 11 Ill. Reg. 15242, effective August 28, 1987, for a maximum of 150 days; emergency expired January 25, 1988; amended at 12 Ill. Reg. 12200, effective July 15, 1988; emergency amendment at 12 Ill. Reg. 16233, effective September 23, 1988, for a maximum of 150 days; emergency expired February 20, 1989; emergency amendment at 12 Ill. Reg. 22244, effective December 7, 1988, for a maximum of 150 days; emergency expired May 6, 1989; amended at 13 Ill. Reg. 10525, effective June 20, 1989; amended at 13 Ill. Reg. 14925, effective September 7, 1989; emergency amendment at 13 Ill. Reg. 16579, effective October 4, 1989, for a maximum of 150 days; emergency expired March 3, 1989; amended at 13 Ill. Reg. 17354, effective October 27, 1989; amended at 14 Ill. Reg. 638, effective January 2, 1990; amended at 14 Ill. Reg. 13529, effective August 13, 1990; emergency amendment at 14 Ill. Reg. 17029, effective September 26, 1990, for a maximum of 150 days; emergency expired February 23, 1991; amended at 15 Ill. Reg. 1487, effective January 22, 1991; amended at 15 Ill. Reg. 13293, effective September 3, 1991; emergency amendment at 15 Ill. Reg. 16745, effective November 5, 1991, for a maximum of 150 days; emergency expired April 3, 1992; amended at 16 Ill. Reg. 570, effective December 31, 1991; amended at 16 Ill. Reg. 12491, effective July 28, 1992; emergency amendment at 16 Ill. Reg. 16672, effective October 15, 1992, for a maximum of 150 days; emergency expired March 9, 1993; emergency amendment at 16 Ill. Reg. 18851, effective November 17, 1992, for a maximum of 150 days; emergency expired April 11, 1993; emergency amendment at 17 Ill. Reg. 1658, effective January 20, 1993, for a maximum of 150 days; emergency expired June 14, 1993; amended at 17 Ill. Reg. 16443, effective September 27, 1993; emergency amendment at 17 Ill. Reg. 18867, effective October 14, 1993, for a maximum of 150 days; emergency expired March 13, 1994; amended at 18 Ill. Reg. 10023, effective June 21, 1994; emergency amendment at 18 Ill. Reg. 15161, effective September 27, 1994, for a maximum of 150 days; emergency expired February 23, 1995; amended at 19 Ill. Reg. 13209, effective September 11, 1995; amended at 20 Ill. Reg. 754, effective December 29, 1995; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 20 Ill. Reg. 12417, effective August 30, 1996; amended at 21 Ill. Reg. 578, effective December 30, 1996; amended at 21 Ill. Reg. 11713, effective August 12, 1997; amended at 22 Ill. Reg. 2182, effective January 2, 1998; amended at 22 Ill. Reg. 15961, effective August 24, 1998; amended at 22 Ill. Reg. 21881, effective December 3, 1998; emergency amendment at 23 Ill. Reg. 3092, effective March 10, 1999, for a maximum of 150 days; emergency expired August 6, 1999; amended at 23 Ill. Reg. 11195, effective August 26, 1999; emergency amendment at 23 Ill. Reg. 14640, effective December 13, 1999, for a maximum of 150 days; emergency expired May 10, 2000; amended at 24 Ill. Reg. 12517, effective August 7, 2000; amended at 25 Ill. Reg. 14131, effective October 22, 2001; amended at 26 Ill. Reg. 16238, effective October 18, 2002; amended at 27 Ill. Reg. 15409, effective September 18, 2003; amended at 28 Ill. Reg. 13562, effective September 24, 2004; amended at 29 Ill. Reg. 9654, effective June 24, 2005; emergency amendment at 29 Ill. Reg.
ILLINOIS REGISTER 11487 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
13900, effective August 30, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 18924, effective November 4, 2005; amended at 30 Ill. Reg. 15694, effective September 18, 2006; amended at 31 Ill. Reg. 13128, effective August 30, 2007; amended at 32 Ill. Reg. 14761, effective August 27, 2008; amended at 33 Ill. Reg. 14671, effective October 13, 2009; amended at 34 Ill. Reg. 16457, effective October 8, 2010; amended at 35 Ill. Reg. 13161, effective July 26, 2011; amended at 37 Ill. Reg. 19208, effective November 14, 2013; amended at 38 Ill. Reg. 22735, effective November 18, 2014; amended at 39 Ill. Reg. 11387, effective August 3, 2015; amended at 40 Ill. Reg. 10492, effective July 20, 2016; amended at 41 Ill. Reg. 8575, effective June 28, 2017; amended at 42 Ill. Reg. 17547, effective September 21, 2018; amended at 43 Ill. Reg. 9464, effective August 23, 2019; amended at 44 Ill. Reg. 11483, effective June 29, 2020.
Section 590.10 Statewide Regulations
a) Pursuant to Section 2.18 of the Wildlife Code [520 ILCS 5/2.18], it shall be unlawful to take, possess, transport, or use migratory waterfowl except during such period of time and in such manner and numbers as may be provided in the Federal Migratory Bird Treaty Act (16 USC 703-711), the Migratory Bird Hunting Stamp Act (16 USC 1718 et seq.), and annual Rules and Regulations for Migratory Bird Hunting (50 CFR 20 (August 31, 2006) and 21 (September 22, 2006) (collectively referred to in this Part as federal regulations) (no incorporation in this Part includes later amendments or editions), or contrary to any State regulations made in the Wildlife Code. Violation is a Class B misdemeanor (see 520 ILCS 5/2.18).
b) The legal possession of a concealed firearm by a validly licensed concealed carry licensee is allowed statewide, subject to Section 2.33 of the Wildlife Code on illegal devices and State refuges, the prohibitions set forth in Section 65 of the Firearm Concealed Carry Act [430 ILCS 66] and any applicable federal regulations. Violation is a Class B misdemeanor (see 520 ILCS 5/2.33), except that violation of Section 2.33(g), (i), (o), (p), (y) and (cc) are Class A misdemeanors with a minimum $500 fine and a maximum $5,000 fine in addition to other statutory penalties.
c) Duck, goose and coot regulations are in accordance with Federal Regulations (50 CFR 20) unless the regulations in this Part are more restrictive. Violation is a Class B misdemeanor (see 520 ILCS 5/2.18).
d) It shall be unlawful while attempting to take migratory waterfowl or coots to have in possession any shotgun shells not approved as non-toxic by federal regulations.
ILLINOIS REGISTER 11488 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Violation is a petty offense (see 520 ILCS 5/2.18-1). e) It shall be unlawful to possess any shotgun shell loaded with a shot size larger than number T steel or number BBB of any other non-toxic shot when attempting to take waterfowl. Violation is a Class B misdemeanor (see 520 ILCS 5/2.18). f) Hunting Canada Geese after the season is closed is a Class B misdemeanor (see 520 ILCS 5/2.18). Possession of freshly killed wild geese during the closed season is a Class A misdemeanor (see 520 ILCS 5/2.33(cc)). g) Closed Areas Closed areas, including waterfowl refuges and rest areas, may be designated at certain sites in accordance with 17 Ill. Adm. Code 510. Boundaries of these closed areas will be posted. Violation is a petty offense (see 520 ILCS 5/2.20). h) Commercial Migratory Waterfowl Hunting regulations are specified in 17 Ill. Adm. Code 640. i) No person during the open season shall take or attempt to take wild geese prior to ½ hour before sunrise nor after sunset. During special light goose seasons as indicated in subsection (n), statewide hunting hours shall be ½ hour before sunrise to ½ hour after sunset daily. Hunting prior to ½ hour before sunrise during the open season is a Class A misdemeanor (see 520 ILCS 2.33(y)). Hunting after ½ hour after sunset is a Class A misdemeanor (see 520 ILCS 2.33(y)). Hunting after closing hours is a Class B misdemeanor (see 520 ILCS 5/2.18). j) Registration in the U.S. Fish and Wildlife Service Migratory Bird Harvest Information Program (HIP) is required for those persons who are required to have a hunting license before taking or attempting to take ducks, geese or coots. Instructions for registering are provided with issuance of hunting license. Violation is a petty offense (see 520 ILCS 5/3.1(f)). k) If 50 CFR 20 or 21 allows light goose seasons to be liberalized, snow geese, blue geese and Ross' geese may be taken in accordance with federal regulations regarding hunting hours, method of taking and bag limits through April 30March 31. l) Nothing in this Part shall be construed to criminalize the legal possession of a concealed firearm, as set forth in Section 590.10(b), by a validly licensed
ILLINOIS REGISTER 11489 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
concealed carry licensee (see 430 ILCS 66).
(Source: Amended at 44 Ill. Reg. 11483, effective June 29, 2020)
Section 590.20 Permit Controlled Department Sites Only − Duck, Goose and Coot Hunting
a) Sites covered in this Section, which allow hunting by permit only, are:
Anderson Lake State Fish and Wildlife Area
Banner Marsh State Fish and Wildlife Area
Black Crown Marsh State Natural Area
Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area (2)
Double T State Fish and Wildlife Area
Embarras River Bottoms State Habitat Area (2)
Horseshoe Lake State Fish and Wildlife Area
Kidd Lake State Natural Area (west of railroad tracks only)
Larry D. Closson State Habitat Area (2)
Marshall State Conservation Area – Duck Ranch Unit (2)
Mermet Lake State Fish and Wildlife Area
Rice Lake State Fish and Wildlife Area – Walk-in Units
Snakeden Hollow State Fish and Wildlife Area
Spring Lake State Fish and Wildlife Area − Spring Lake Bottoms Unit
Union County State Fish and Wildlife Area
ILLINOIS REGISTER 11490 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS b) Permit Requirements
1) Permit applications shall be accepted starting August 16. Initial acceptance dates and methods for making applications will be publicly announced. A hunter can obtain up to 5 permits for duck hunting and 5 permits for goose hunting as follows: Only applications submitted by Illinois residents will be processed during the first lottery to apply for up to one duck permit and one goose permit. Non-residents and residents who did not receive a permit or did not apply in the first lottery will be eligible to participate in the second lottery to apply for their first duck and goose permit. Residents will have preference in the 2nd lottery. Residents and non-residents can apply for a 2nd permit for duck and goose hunting in the 3rd lottery. Residents will have preference in the 3rd lottery. Residents and non-residents can apply for a 3rd, 4th and 5th duck and goose permit during the phone-in reservation period to be held after the 3rd lottery. Successful applicants will be sent confirmation via email or can access the Reservation Inquiry System to see if they were awarded a permit.
2) Permits shall be issued until the daily quota is filled. The daily quota is determined by the formula: one hunter per 10 to 40 huntable acres. Huntable acres are determined by, but not limited to, the biological studies on the number of the species available; the condition, topography, and configuration of the land at the site; the condition of the roads at the site; the number of employees available to work at the site; and the number of blinds which can be established on a site as set forth in Section 3.8 of the Wildlife Code [520 ILCS 5]. Hunting locations (blind or stake number) shall be assigned randomly by the permit office and listed on the permit at sites that do not have a check station, but have multiple hunting locations.
3) The permit shall be for the use of the entire blind or staked site/area.
A) It shall be the responsibility of the permit holder to bring one hunting partner or one non-hunting partner (non-hunting partners are defined as persons under 21 years of age accompanying the hunter in the blind) or 2 non-hunting partners (3 persons per blind but not more than 2 hunters per blind) for:
Snakeden Hollow State Fish and Wildlife Area
ILLINOIS REGISTER 11491 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Horseshoe Lake State Fish and Wildlife Area
Union County State Fish and Wildlife Area
B) It shall be the responsibility of the permit holder to bring no more than 2 partners (hunters or non-hunters; 3 persons per stake/area) for:
Rice Lake State Fish and Wildlife Area – Walk-in Unit
Kidd Lake State Natural Area – units west of the railroad tracks only
C) It shall be the responsibility of the permit holder to bring no more than 3 partners (hunters or non-hunters; 4 persons per blind or staked site/area) for:
Anderson Lake State Fish and Wildlife Area
Banner Marsh State Fish and Wildlife Area
Black Crown Marsh State Natural Area
Double T State Fish and Wildlife Area
Embarras River Bottoms State Habitat Area
Larry D. Closson State Habitat Area
Marshall State Conservation Area – Duck Ranch Unit
Mermet Lake State Fish and Wildlife Area
Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit
Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area
ILLINOIS REGISTER 11492 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Unallocated blinds shall be filled by a drawing at the sites.
4) Permits are not transferrable.
5) Permits will be issued from the Springfield Permit Office for permit-controlled sites. For other information write to:
Illinois Department of Natural Resources Permit Office − Waterfowl P.O. Box 19457 Springfield IL 62794-9457 c) General Regulations
1) All use other than permit hunting as defined in subsection (b)(3) is prohibited at:
A) Snakeden Hollow State Fish and Wildlife Area from 2 weeks before duck season through close of Central Zone Canada goose season.
B) Double T State Fish and Wildlife Area from October 1 through the close of the Central Zone Duck hunting season.
2) Hours, Permits and Stamp Charges
A) Hunting hours are from legal opening time until 1:00 p.m., except at Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area, which close at 12 noon. Marshall State Fish and Wildlife Area – Duck Ranch Unit will have statewide hours for early and late goose seasons.
B) At Snakeden Hollow State Fish and Wildlife Area from opening day through November 30, all hunters must register at the check station by 5:00 a.m. Permits are void after 5:00 a.m. From December 1 through December 31, all hunters must register at the check station by 5:30 a.m. Permits are void after 5:30 a.m. From January 1 through the close of goose season, all hunters must register at the check station by 6:00 a.m. Permits are void after
ILLINOIS REGISTER 11493 20 DEPARTMENT OF NATURAL RESOURCES
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6:00 a.m.
C) At Banner Marsh State Fish and Wildlife Area, Horseshoe Lake State Fish and Wildlife Area, Rice Lake State Conservation Area – Walk-in Units and Union County State Fish and Wildlife Area hunters with permit reservations are required to check in at the check station between 4:30 a.m. and 5:00 a.m. Permits are void after 5:00 a.m. A drawing shall be held to allocate blind sites at all sites.
D) At Anderson Lake State Fish and Wildlife Area and Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit, hunters are required to check in at the check station no later than one hour before legal shooting time; after that time, permits are void.
E) At Double T State Fish and Wildlife Area, hunters must check in by 4:30 a.m. at the Rice Lake check station. Permits are void after 4:30 a.m. Check out is required at all sites listed in this Section.
F) At Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area, hunting hours are from legal shooting time to 1:00 p.m. Permit hunters have sole access to the blind sites for the day and may occupy or leave the site as desired during legal access hours.
G) At Kidd Lake State Natural Area, hunters may arrive at hunt sites 1 hour prior to legal shooting time until 1:00 p.m. when shooting must cease. Hunters must remove all hunting materials and vacate the area by 2:00 p.m. Only hunters with Public Duck and Goose Hunting Area Permits and their partners may hunt the site.
H) A $15 Daily Usage Stamp must be purchased at Snakeden Hollow State Fish and Wildlife Area. Partners between 16 and 20 years of age must pay daily usage stamp fee. Partners under 16 are not required to purchase a daily usage stamp.
I) A $10 Daily Usage Stamp must be purchased at Banner Marsh State Fish and Wildlife Area, Marshall State Conservation Area – Duck Ranch Unit, Spring Lake State Fish and Wildlife Area −
ILLINOIS REGISTER 11494 20 DEPARTMENT OF NATURAL RESOURCES
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Spring Lake Bottoms Unit, Horseshoe Lake State Fish and Wildlife Area, Union County State Fish and Wildlife Area. Non-hunting partners between 16 and 20 years of age must pay daily usage stamp fee. All partners under 16 are not required to purchase a daily usage stamp.
J) At Embarras River Bottoms State Habitat Area, hunters may arrive at hunt sites 1 hour prior to legal shooting time until 1:00 p.m. when shooting must cease. Hunters must remove all hunting materials and vacate the area by 3:00 p.m. Only hunters with Public Duck and Goose Hunting Area Permits and their partners may hunt the site.
K) At Mermet Lake State Fish and Wildlife Area, permits will be valid each day the check station is open during regular duck season. Drawing for blinds will take place 90 minutes before shooting time and hunting hours are from ½ hour before sunrise until 1:00 p.m.
3) Hunting shall be done from assigned locations (blinds, stakes, areas or pits) only and hunters shall not move from assigned location to another location or leave the assigned location and return.
4) Guns must be unloaded and encased at all times when not hunting. Except at Union County and Horseshoe Lake State Fish and Wildlife Areas, all hunting parties shall hunt over a spread of at least 12 decoys during duck season and Canada goose season. The decoys shall be staked, placed or floating, be individually visible, be at least 8 inches long, and not be within a boat, blind or container.
5) The legal hunting seasons for Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area are the dates of the South Zone duck and goose hunting seasons except that these areas shall be closed on Mondays, Tuesdays (except for the Illinois Youth Waterfowl Hunt) and December 24 through 28. (These sites shall be open only for the Illinois Youth Waterfowl Hunt on December 28, pursuant to 17 Ill. Adm. Code 685.110.)
6) The legal hunting season at Snakeden Hollow State Fish and Wildlife
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Area is the dates of the Central Zone goose hunting season except that the area shall be closed on Mondays, Tuesdays, Wednesdays, and December 24, 25 and 26.
7) The legal hunting season at Banner Marsh State Fish and Wildlife Area and Rice Lake State Fish and Wildlife Area – Walk-in Units is the dates of the Central Zone duck hunting season.
8) The legal hunting season at Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit is the opening day of the Central Zone duck hunting season and every Tuesday, Thursday and Sunday of the Central Zone duck hunting season, except the second Sunday in November, which is closed due to the Youth Hunt.
9) The legal permit hunting season at Double T State Conservation Area will be every Wednesday, Saturday and Sunday of the Central Zone duck hunting season.
10) The legal hunting season at Marshall State Conservation Area – Duck Ranch Unit is every Tuesday, Thursday, Saturday and Sunday during the Central Zone duck season.
11) At Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area, during duck season hunters shall not possess more than 25 shot shells. When duck season is closed, hunters shall not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit. During the Conservation Order Light Goose Season hunters may possess 25 shot shells at Horseshoe Lake State Fish and Wildlife Area. At Snakeden Hollow State Fish and Wildlife Area, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit.
12) At Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area hunters may bring up to 3 dozen decoys per party. No full bodied or supermagnum shell decoys are allowed.
13) At Horseshoe Lake State Fish and Wildlife Area hunters cannot take guns from the blind to retrieve crippled waterfowl.
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14) Hunters must be at least 16 years of age (except for the Illinois Youth Goose/Duck Hunt) to draw for a pit or blind. Each person under 16 years of age must be accompanied by a supervising adult.
15) At Rice Lake State Fish and Wildlife Area – Walk-in Units, hunting shall be by walk-in or boats without motors only.
16) The legal hunting season for Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area will be every Tuesday, Thursday and Saturday of the Central Zone regular duck and Canada goose season.
17) The permit dates for Anderson Lake State Fish and Wildlife Area will be every Tuesday, Thursday and Saturday of the waterfowl hunting zone the site is in (Central Zone). Permit holders will have first choice of West Point Walk-in area stakes or unclaimed yearly allocation blinds that would otherwise go in the daily drawing. All site specific regulations apply.
18) The legal hunting season for Larry D. Closson State Habitat Area will be every Sunday in October and November and every Saturday in December and January of the regular Illinois duck hunting season in the waterfowl hunting zone in which the site is located.
19) The legal hunting season for Kidd Lake State Natural Area – units west of the railroad tracks only will be every Tuesday, Thursday and Saturday of the regular Illinois duck hunting season in the waterfowl hunting zone in which the site is located.
20) The legal hunting season for Embarras River Bottoms State Habitat Area will be Tuesday, Thursday and Saturday of the regular Illinois duck hunting season (except for the youth waterfowl season) in the Waterfowl Hunting Zone in which the site is located. There will be no waterfowl hunting during shotgun deer and deer muzzleloader seasons.
21) The legal hunting season for Black Crown Marsh State Natural Area (marsh hunting area) will be Tuesday, Thursday, Saturday and Sunday of the regular Illinois duck hunting season in the waterfowl hunting zone where the site is located. The legal hunting season for the Black Crown Marsh State Natural Area (land hunting area) will be Tuesday, Thursday, Saturday and Sunday of the regular Illinois duck and goose hunting
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seasons in the waterfowl hunting zone where the site is located. Walk-in hunting only. This site does not have any permanent blind structures. Hunters may construct temporary blinds that must be removed at the end of each day's hunt. Hunting hours are from legal opening until 1:00 p.m. Hunters must be off the site by 2:00 p.m. Sign-in/sign-out and report harvest at parking area kiosk.
d) Violation of this Section is a petty offense (see 520 ILCS 5/2.20).
(Source: Amended at 44 Ill. Reg. 11483, effective June 29, 2020)
Section 590.60 Various Other Department Sites – Duck, Goose and Coot Hunting
The sites listed in this Section conform to Statewide Regulations (Section 590.10) and the following regulations, except as noted.
a) Regulations
1) Hunting hours are from legal opening to 1:00 p.m., except hunting shall be permitted until sunset on those sites indicated by (1) following the location in subsection (b). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (2).
2) No permanent blinds allowed, except for Department constructed blinds; all blinds must be of a portable nature and constructed with natural vegetation at the blind site and no pits can be dug. All materials must be removed or dismantled at the end on the day's hunt.
3) Portable boat blinds must have been completed, including final brushing, before entering the water and must be removed at the end of the day's hunt.
4) Waterfowl hunters must maintain a distance of 200 yards between hunting parties, except for Department constructed blinds or staked locations.
5) No hunting is permitted within 200 yards of developed recreation areas, public use facilities, and construction or industrial sites.
6) No check station is operated nor is any check in/check out required, except
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as indicated in the remainder of this Section.
7) It shall be unlawful to trespass upon areas designated as waterfowl rest areas or refuges from 2 weeks prior to the start of regular duck season through the close of regular duck and Canada goose season except as indicated in the remainder of this Section.
8) It shall be unlawful to trespass upon the designated waterfowl hunting area during the 7 days prior to the regular duck season unless otherwise posted at the site. b) Site Specific Regulations
1) Boston Bay (Mississippi River Pool 18) No permanent blinds may be built; temporary blinds only; 200 yards apart.
2) Cache River State Natural Area (hunters must sign in prior to hunting and sign out and report their harvest at the end of each day) (1)
3) Campbell Pond State Wildlife Management Area (2)
4) Cape Bend State Fish and Wildlife Area (1)
5) Carlyle Lake Project Lands and Waters
A) No one may enter the subimpoundment area (except for parking areas) to hunt waterfowl before 4:30 a.m. each day of the waterfowl hunting season, or remain in the area after 3:00 p.m. each day of the waterfowl hunting season, except during the last 3 days of the Canada goose season and during any goose seasons that occur before or after Canada goose season, hunters must be out of the area by one hour after sunset and not return until 4:30 a.m. The subimpoundment area is defined as that area bordered by the Kaskaskia River on the east and south and extending north and west to the Carlyle Lake project boundary, and includes impoundment areas 1, 2, 3, and 4 and within the impoundments on the East Side Management Area located east of the Kaskaskia River.
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B) The waters of Carlyle Lake are defined as the lake and that portion of the Kaskaskia River, North Fork, East Fork, Peppenhorst Branch and Allen Branch and Hurricane Creek that are within the boundaries of the Carlyle Lake property.
C) Walk-in hunting shall be permitted in subimpoundment areas. Boats with no motors are allowed in the subimpoundments. Department personnel will designate boat launching locations.
D) When the water level in the subimpoundment area is too high (due to flooding) to allow walk-in hunting, Department personnel shall post that the area is open to boats with motors (no airboats) operating at no wake speed and will designate boat launching locations.
E) Known eagle protection areas will be posted by the Site Superintendent and will be closed to waterfowl hunting.
F) Each hunting party is required to hunt over a minimum of 612 decoys. Decoys shall not be left out unattended or after 3:00 p.m. each day of the waterfowl season, except during the last 3 days of the Canada goose season and during any goose seasons that occur after Canada goose season, decoys shall not be left out unattended or later than one hour after sunset.
G) All waterfowl hunters must register prior to hunting each day of the waterfowl hunting season at the nearest accessible registration box. All hunters must sign out and record their harvest daily before they exit the area.
H) The Army Corps of Engineers may build blinds on Corps managed lands and waters for management purposes only.
I) During the last 3 days of Canada goose season, hunting hours shall close at sunset daily.
J) The following rules apply to North Allen Branch Waterfowl Management Area (Eldon Hazlet State Park) only:
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i) Three designated blind sites are available on a first come- first served basis. Walk-in hunting only is permitted with a maximum of 4 hunters per site. All hunting must be from one blind site located between identically numbered stakes.
ii) Hunters must sign in prior to hunting, and sign out and report their harvest at the end of each day. All hunters must be checked out by 2:00 p.m. daily, except the last 3 days of the Canada goose season, and during any goose seasons that may occur after the Canada goose season, hunters must be checked out by one hour after sunset.
iii) Decoys shall not be left out unattended.
iv) When the lake floods this area and designated blind sites are not usable for walk-in hunting, the Department, by public announcement and/or posting, will open the affected area to hunting from boats per Carlyle Lake Project Lands and Waters' rules.
K) Waterfowl hunters may not possess more than 25 non-toxic rounds of ammunitions while hunting within the subimpoundment areas.
6) Chauncey Marsh State Natural Area (2)
7) Clinton Lake State Recreation Area (1) (2)
A) Except as described in subsections (b)(7)(C) and (D), hunting is allowed only from anchored portable blinds, except that no waterfowl hunting is permitted in the area extending from a line between the west side boat ramp and the southern-most point of the central peninsula to the Davenport Bridge.
B) Waterfowl hunting is also permitted from the shore in designated walk-in hunting areas on a first-come, first-served basis. Walk-in or boat hunting only. No more than 4 hunters per party are permitted.
C) Hunting from permanent land-based blinds is permitted only from
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Disabled Hunting Program and Salt Creek Waterfowl Management Area blinds. In all Boat Access Only Sites, boat hunters may access land to hunt that is open to upland game and/or forest game (including archery hunting area) hunting. Hunters may use a boat to access these areas; no walk-in hunting at these sites. All blind rules in subsection (b)(7)(E) apply.
D) Each party must hunt over a minimum of 612 decoys. Decoys must be removed from the sites following each day's hunt. Decoys must not be left unattended.
E) Except for the Handicap Hunting Program facilities and Salt Creek Waterfowl Management Area, blinds must be portable or built from material brought in or available at the blind site. Blinds must be dismantled and removed at the end of each day's hunt. No trees or bushes may be cut.
F) There will be no hunting within 200 yards of developed areas or construction zones and 300 yards of electrical power lines.
G) Hunting within the Salt Creek Waterfowl Management Area will, on designated days, be available only through a drawing conducted by the Springfield Permit Office. Procedures for applying for a permit at the site will be publicly announced.
8) Coffeen Lake State Fish and Wildlife Area
A) Hunters must sign in prior to hunting and sign out, reporting harvest at the end of each day.
B) Hunting from staked sites only.
C) No permanent blinds.
D) Hunting by boat access only.
E) No cutting vegetation on site.
F) Hunting north of railroad tracks only.
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G) Hunting hours from legal opening to 1 p.m. Fishing allowed between the railroad tracks and the county road after 1:00 p.m.
H) Four hunters per blind site.
I) No hunting during firearm deer seasons.
J) All hunters must be checked out at sign in box by 2:00 p.m.
9) Copperhead Hollow State Wildlife Area (1) (2)
10) Cypress Pond State Natural Area (1) Hunters must sign in prior to hunting and sign out reporting harvest at the end of each day.
11) Deer Pond State Natural Area (1) Hunters must sign in prior to hunting and sign out reporting harvest at end of each day.
12) Devil's Island State Fish and Wildlife Area (1)
13) Dog Island State Wildlife Management Area (2)
14) Donnelley State Wildlife Area
A) Hunting is prohibited on Tuesdays and Wednesdays except open on opening day and on the first Sunday immediately preceding the first firearm deer season as set forth in 17 Ill. Adm. Code 650.10 except as indicated in Section 590.25.
B) Goose hunting is prohibited after the close of the duck season.
C) All hunting shall be from designated blinds only. Refilling or changing blinds is not permitted.
D) All hunters must report to the check station to fill out an information card and turn in hunting licenses or valid photo identification (example: Firearm Owner's Identification Card,
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driver's license) before proceeding to blinds.
E) A hunter may bring one or 2 hunting partners under the age of 21.
F) $10 daily usage stamp must be purchased to hunt this area. Non-hunting partners between 16 and 20 years of age must pay daily usage stamp fee. Non-hunting partners under 16 are not required to purchase a daily usage stamp.
G) No outboard motors are allowed by public – only by authorized DNR personnel.
H) No more than 3 persons shall occupy a blind at any one time.
I) All parties are required to report to check station within one hour after termination of hunt or no later than 2:00 p.m.
J) All parties must hunt over a minimum of 612 decoys and a maximum of 48 decoys can be used, which must be removed upon the termination of the hunt.
K) The first weekend and the third Saturday of the regular duck season shall be designated as youth hunt days. This shall consist of youth or youths 15 and under plus one adult per blind. There shall be no charge for the youth on these days. Those blinds not allocated to youths shall be available to adults on those days.
L) One blind shall be made available by priority claim to "disabled" persons (as defined in Section 2.33 of the Wildlife Code).
15) Fort de Chartres State Historic Site (1)
A) Hunting is allowed from anchored, portable boat blinds only on a first come-first served basis.
B) Each hunting party is required to hunt over a minimum of 612 decoys which must be removed at the end of each hunting day.
C) No hunting is allowed during firearm deer season.
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16) Fort Massac State Park (Kerr Farm Unit Only) (1) (2)
17) Fox Ridge State Park (1) (2) Hunting restricted to Embarras River and its flood waters.
18) Fox River (1)
A) Waterfowl hunting is prohibited on that portion of the Fox River running from the Kendall-Kane County line downstream to a line extending from the intersection of Route 71 and Douglas Street in Oswego, across the Fox River to the intersection of Hickory Lane and Riverview Drive.
B) Waterfowl hunting shall be from Department designated sites only on that portion of the Fox River downstream from the line extending from the intersection of Route 71 and Douglas Street in Oswego, across the Fox River to the intersection of Hickory Lane and Riverview Drive downstream to the Fox River Drive Bridge. Hunting at the designated sites will be on a first-come, first-served basis. Statewide regulations shall be in effect with no other Sections of this Part being applicable.
19) Fox River – Chain of Lakes (Lake and McHenry Counties) (1) Waterfowl blind regulations of the Fox Waterway Agency are in full force and effect on those public waters under their jurisdiction. Failure to comply with such regulations constitutes a violation of this Section.
20) Freeman Mine State Habitat Area Hunting regulations will be publicly announced.
21) Heidecke State Fish and Wildlife Area, Braidwood State Fish and Wildlife Area and Powerton Lake State Fish and Wildlife Area
A) Blind sites shall be allocated on a daily draw basis conducted at the check stations 60 minutes before hunting time. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select blind site in order drawn; only those hunters registered in party shall be allowed to hunt with their party; no
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more than 3 hunters per party; persons under the age of 16 shall not be allowed to hunt unless accompanied by an adult.
B) Blind sites not selected during the drawing shall be allocated on a first-come, first-served basis. Vacant blind sites shall not be allocated after the drawing until one hour after legal hunting time. No blind sites shall be allocated after 10:00 a.m. Hunters wishing to move to another blind site must report this move to the check station attendant in person before such a move.
C) Access to water blind sites must be by boat only and from designated boat launch sites.
D) All hunting must be from portable boat blinds, within 10 yards of the assigned numbered stake or buoy. No more than 3 persons shall use one blind.
E) Upon vacating blind sites, all hunters must report to the check station within one hour. At this time, waterfowl bagged must be checked in and displayed to the station operator and hunting licenses returned.
F) Each hunting party is required to hunt over a minimum of 612 decoys. Decoys must be picked up immediately after the hunt is over.
G) Heidecke Lake and Braidwood Lake shall be closed to all fishing and boat traffic except for legal waterfowl hunters from 10 days prior to regular duck season until the close of the regular duck and Canada goose season. Powerton Lake shall be closed to boat traffic from 7 days prior to opening of regular duck season until February 15, except for legal waterfowl hunters, and closed to all unauthorized entry during the regular duck season.
H) No hunting on Monday and Tuesday at Heidecke and Braidwood Lakes. No hunting at Powerton Lake on Monday through Thursday except hunting permitted on State holidays.
I) It is unlawful to hunt waterfowl on the water area in any watercraft
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less than 16 feet long and 60 inches in beam and without a gas- powered motor.
J) No guns may be carried from water blinds to retrieve waterfowl that fall on land.
K) Hunting is closed on Christmas Day and New Year's Day.
L) All water areas not posted with blind site numbers shall be refuge and are closed to all boat traffic except by authorized personnel.
M) It is unlawful to shoot across any dike.
N) Waterfowl hunting shall close with the conclusion of the duck season at Powerton Lake. At Heidecke and Braidwood Lakes, waterfowl hunting closes at the end of duck or goose season, whichever is later. No goose hunting is allowed prior to duck season.
22) Henderson Creek State Fish and Wildlife Area (2)
23) Hidden Springs State Forest (hunting restricted to Richland Creek and its floodwaters) (1) (2)
24) Horseshoe Lake State Fish and Wildlife Area (Alexander County) Public Hunting Area
A) Closed to waterfowl hunting on Mondays and Tuesdays.
B) When duck season is closed, goose hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit.
25) Horseshoe Lake Refuge No hunting allowed, no boat motors except trolling motors will be allowed on Horseshoe Lake from October 15 to March 1.
26) Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit
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Site permit required.
27) Jim Edgar Panther Creek State Fish and Wildlife Area
A) Waterfowl hunting on Prairie Lake will be allowed on Wednesdays and Saturdays beginning the opening day of the controlled pheasant hunting season until the close of the controlled pheasant hunting season.
B) Staked hunting sites shall be allocated on a daily draw basis conducted at 5:00 a.m. at the site office. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select a hunt stake in order drawn; only those hunters registered in the party shall be allowed to hunt with the party; no more than 4 hunters per party; persons under the age of 16 shall not be allowed to hunt unless accompanied by an adult.
C) Hunting hours will be legal opening shooting hours for Jim Edgar Panther Creek's respective Illinois waterfowl zone to 12:00 p.m.
D) Access to water hunt stakes must be by boat only and from designated boat launch sites.
E) Upon vacating hunt stakes, all hunters must report to the site office within one hour to sign out and report harvest.
F) Each hunting party is required to hunt over a minimum of 612 decoys. Decoys must be picked up immediately after the hunt is over.
G) Hunting shall take place from boats anchored within 10 yards of Department assigned hunt stakes only. Hunters must occupy hunt stakes within one hour after registering at the check station. No guns may be carried from hunt stakes to retrieve waterfowl that fall on land.
H) Hunting is closed Christmas Day (December 25).
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I) Hunting parties may move to unoccupied hunting stakes after 10:00 a.m. Hunting location moves need to be recorded when hunters check out after the hunt.
J) When it is deemed necessary, the Department shall remove, move or close hunt stakes in order to carry out the operations of the overall management program.
28) Kaskaskia River State Fish and Wildlife Area (1) The last 3 days of both the duck season and the regular Canada goose season.
A) No waterfowl hunters may remain in the area after 3:00 p.m. For those lands lying south of Illinois Route 154 and north of Illinois Route 13, the legal hunting hours shall be from statewide opening hour until statewide closing hour.
B) All waterfowl hunting parties must use at least 612 decoys. Hunting is allowed on a first-come, first-served basis.
C) It is unlawful to leave duck and goose decoys unattended. Decoys must be picked up at the end of each day's hunt.
D) All waterfowl hunters must register prior to hunting each day of the waterfowl season at the nearest check station, and must sign out and record their harvest daily before they exit the area.
E) The following regulations apply to the Doza Creek Waterfowl Management Area:
i) No waterfowl hunters may enter the area before 4:30 a.m. each day of the waterfowl hunting season. No waterfowl hunters may remain in the area after 3:00 p.m.
ii) Only waterfowl, coot, archery deer and fall archery turkey hunting (as provided by 17 Ill. Adm. Code 670 and 720) allowed in this area during the duck hunting season.
iii) For the first 4 days of the duck season, all waterfowl
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hunting must occur within 10 yards of an assigned, numbered stake. Staked hunting locations shall be allocated on a daily draw basis at the Highway 154 Boat Ramp at 4:00 a.m. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select a staked location in order drawn; only those hunters registered in a party shall be allowed to hunt with their party; no less than 2 hunters and no more than 4 hunters per party; moving from staked location to staked location is not allowed. Staked locations not allocated during the drawing will not be hunted that day. Starting on day 5 and for the remainder of the waterfowl season, hunting is allowed on a first-come, first-served basis and hunting need not occur by a stake. Waterfowl hunters must maintain a distance of 200 yards between hunting parties.
iv) Electric trolling motors only may be used. All other motors must be removed or made inoperable.
F) Handicapped accessible waterfowl hunting blind (Dry Lake Access Area)
i) Application for hunting dates should be received at the site office September 1-10 and will be allocated on a first request basis or via a drawing, if needed.
ii) Three hunters are allowed in the blind. At least one hunter must have a P-2 handicapped certification.
iii) Hunters must sign in/out and report harvest at check station after hunting.
29) Kickapoo State Recreation Area (2)
A) Hunting permitted only within 10 yards of staked sites.
B) Hunters must hunt in parties of no more than 4 hunters per party.
C) Hunters must sign in, sign out, and report harvest.
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D) Hunting hours are from legal opening to 1:00 p.m. during regular Illinois duck hunting season and statewide hours from the day after duck season closes until Canada goose season closes in the waterfowl hunting zone in which the site is located.
30) Kinkaid Lake State Fish and Wildlife Area (1)
31) Lake Calumet and entrance channel to Calumet River (1)
32) Lake Michigan (1)
33) Mermet Lake State Fish and Wildlife Area
A) No fishing on the area during duck season.
B) Hunting hours are from legal opening until 1:00 p.m. each day, except the last 3 days of duck season, when hunting shall be allowed until sunset.
C) Manned check station will be closed Christmas Day and every Sunday and Monday during regular duck hunting season. Walk-in hunting will be allowed on Sundays and Mondays.
D) Blind/pool sites shall be allocated on a daily drawing basis at the manned waterfowl check station 90 minutes before legal hunting time (except Sunday and Monday when the manned check station is closed). One additional drawing will be held at the manned check station at 9 a.m. for any unoccupied waterfowl blinds/pools.
E) Hunters shall register as a party/group of up to 4 hunters for the drawing (except on the statewide youth waterfowl hunting day, as authorized in 17 Ill. Adm. Code 685.110(c) when 5 people may occupy a blind/pool at one time if the party includes 2 youth hunters); each party/group drawn shall be allowed to select a blind/pool in the order drawn; only those hunters registered in that party/group shall be allowed to hunt with the party.
F) Upon allocation of blinds/pools, all hunting parties/hunters must
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accept and hunt the blind/pool chosen, or reject the allocation of the blind/pool immediately. All those rejecting the allocation of a blind/pool shall be ineligible to hunt within the blind/pool area for the remainder of that day. Individual hunters, or hunting parties, can only be allocated one blind/pool per day.
G) Hunters must occupy their blinds/hunting area within one hour after registering at the manned check station.
H) Waterfowl hunters must have their waterfowl hunting tag filled out with the date and blind/stake number or hunting location. The card must be in possession of the hunter while hunting. All waterfowl harvested must be reported on the waterfowl hunting tag and returned daily to the drop box at the hunter check station no later than 2:00 p.m.
I) All hunters must park in designated areas only. All areas are marked with corresponding numbers or area designations. Only one vehicle per hunting party will be allowed, unless approval is granted by check station operator.
J) Within the blind/pool area, a minimum of 612 decoys per hunting party are required while hunting waterfowl. No decoys are required within the walk-in areas. All decoys must be removed from the area at the end of the day's hunt.
K) A 25 shotgun shell limit per hunter, per day, applies on this area. It is unlawful for a hunter to have in his or her possession more than 25 shotgun shells while on the site.
L) Hunting must be from allocated blind (or within 10 yards of blind) or pool location. Hunters may hunt other designated waterfowl hunting areas that do not have blinds or pools; however, they must maintain a minimum distance of 200 yards from the nearest blind/pool or other hunting parties.
M) Attempts to claim a blind/pool by any manner other than actual occupation shall be considered in violation of this Part and shall be cause for arrest. Insertion of a boat into a boat hide and/or the
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spread of decoys before a blind/pool shall not be considered legal occupation of a blind/pool.
N) Due to safety factors, persons under 16 years of age shall not hunt, or attempt to hunt, unless accompanied by a parent, legal guardian, or person designated by the parent or guardian who is 18 years of age or older.
O) Claiming or attempting to claim any blind/pool that is legally occupied and/or harassing, in any manner, the occupants of a blind/pool that is legally occupied is unlawful.
P) Boats without motors may be used within the walk-in areas.
34) Middle Fork State Fish and Wildlife Area (2)
A) Hunting is restricted to the Vermilion River and its flood waters.
B) Hunters must hunt in parties of no more than 4 hunters per party.
C) Hunters must sign in, sign out, and report harvest.
D) Hunting hours are from legal opening to 1:00 p.m. during regular Illinois duck hunting season and statewide hours from the day after the duck season closes until the Canada goose season closes in the waterfowl hunting zone in which the site is located.
35) Newton Lake State Fish and Wildlife Area
A) Blind sites shall be allocated by a daily drawing to be conducted at 4:30 a.m. Blind sites not selected during the drawing (or in the event that personnel are not available to conduct drawing) shall be allocated on a first-come, first-served basis until one hour before shooting time; and then after 9:00 a.m. All hunters must register before entering the hunting area. Hunting hours end at 1:00 p.m.; all hunters must be off the water or out of the field by 2:30 p.m. daily.
B) Upon vacating their blinds, all hunters must place their completed
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harvest cards in the collection box located at the boat ramp or site headquarters.
C) There will be duly posted waterfowl refuges. These areas shall be closed to all boat traffic and boat fishing during the waterfowl season.
D) No more than 4 persons shall occupy a blind at one time.
E) The west arm of the lake shall be closed to all waterfowl hunting.
F) Blind sites shall be determined by the Department of Natural Resources and marked with numbered stakes. When it is deemed necessary, the Department shall remove, move or close blind sites in order to carry out the operations of the overall management program.
G) Hunters wishing to move to another vacant blind location may do so on a first-come, first-served basis, providing they include the blind change on the harvest card and report their kill for each blind. If hunters do not occupy the stake they have drawn by legal shooting time, they forfeit the right to the staked hunting location.
H) Access to water blind sites shall be by boat only and from the east side boat ramps. Access to land sites shall be by walk-in only and from nearby hunter parking lots. No parking is allowed along county roads.
I) All water hunting must be from one portable blind or one anchored portable boat blind located between the assigned numbered stakes, no more than 10 yards from shore. All land hunting must be done from a position within 50 feet of the assigned numbered stake.
J) Crippled waterfowl that fall on land, other than areas designated as refuge, shall be retrieved by foot. However, no gun may be carried while attempting to recover such birds.
K) Blind site water: A position between 2 like numbered stakes where a blind may be located. Blind site land: A position within
ILLINOIS REGISTER 11514 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
50 feet of numbered stakes where a hunter may set up or a temporary blind may be located.
L) Fishing shall be prohibited in the east arm of the lake during the waterfowl season.
M) Each party must hunt over a minimum of 612 decoys, and all decoys must be removed at the end of each day's hunt.
N) When it is deemed necessary for public safety reasons, such as flooding, high winds, or heavy fog, the Department will close the lake area to all fishing and all boating activity except for non-water hunting programs.
O) This site is closed to all users except firearm deer hunters during the firearms deer seasons.
P) During the last 3 days of Canada Goose season, hunting hours shall close at sunset daily.
36) Oakford State Conservation Area (2)
37) Pyramid State Park – Captain, Denmark, East Conant and Galum Units (2)
A) Hunting hours are from legal opening to 1:00 p.m.; hunters must be out of the field by 2:00 p.m.
B) Each hunting party is required to hunt over a minimum of 612 decoys; all decoys must be picked up at the end of each day's hunt.
C) Hunters participating in daily lottery for blinds or staked sites must register as a group not to exceed 4 hunter names per card. A hunter's name may not appear on more than one lottery card.
D) Blind sites will be allocated by daily drawing during duck season at a location designated by the site beginning at 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January. All hunting must occur within 10 yards of an assigned, numbered stake, except for stakes identified at the check station where
ILLINOIS REGISTER 11515 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
hunters may hunt from any place in the wetland in which the stake is located. There will be no moving to staked locations after initial drawing.
E) Successful participants must have their lottery card stamped with the date and blind number. The card must be in the possession of the hunter or group while hunting. Waterfowl harvested must be reported on blind selection card and returned daily to a hunter check station box.
F) Waterfowl hunters not participating in daily draw must report their harvest on site hunting permit by February 15.
G) Waterfowl hunters not participating in the daily lottery for staked sites may not access Pyramid State Park property until 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January.
H) Waterfowl hunters may not hunt on main lakes other than staked locations, with the exceptions of Goldeneye and Redhead Lakes in the Galum Unit. Hunters may hunt crop fields and wetlands that have not been staked; however, they must be a minimum of 200 yards from the nearest staked location or another hunter.
I) No waterfowl hunting is allowed within 200 yards of the Captain or Denmark Unit Waterfowl Rest Area or within 100 yards of any private property boundary.
J) The land and water portion of the Captain Unit Waterfowl Rest Area is closed to all entry from October 28 through February 28. The location of the Captain Unit Waterfowl Rest Area is described as follows: All land and water west of Panda Bear Road north to Northern Haul Road, then south on Beltline Road to Western Haul Road, then east on Pyatt-Cutler Road.
K) The land and water portion of the Denmark Unit Waterfowl Rest Area is closed to all entry from October 28 through February 28 and closed to all waterfowl hunting during other periods.
L) After duck season is closed and during the Canada goose hunting
ILLINOIS REGISTER 11516 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
season, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag.
M) The area is closed to waterfowl hunting on Mondays and December 25.
38) Ray Norbut State Fish and Wildlife Area (1) (2)
39) Rend Lake Project Lands and Waters
A) All waterfowl hunters and all boats must be out of the Casey Fork and Big Muddy subimpoundments by 2:00 p.m. each day of the waterfowl season and not return until 4:30 a.m., except during the last 3 days of the Canada goose season, hunters must be out of the areas by one hour after sunset and not return until 4:30 a.m.
B) No hunting permitted from the subimpoundment dams.
C) While waterfowl hunting, no one may have in his/her possession any tool or device designed to cut brush or limbs, except common hunting knives and pocket knives.
D) No waterfowl hunting permitted within 200 yards of the refuge boundary, or within 100 yards of any private property boundary.
E) All boat traffic is prohibited from entering the subimpoundments from the closing of youth waterfowl season until opening day of regular waterfowl season.
F) All waterfowl hunters must sign in prior to hunting and sign out and report their harvest at the end of each day's hunt.
G) Air boats will not be allowed in the Casey Fork Subimpoundment, the Big Muddy subimpoundment, and the impoundments on Corps of Engineers' managed areas such as Atchison Creek, Gun Creek and Rend City Wetland during the regular duck, youth waterfowl and Canada goose seasons. When ice conditions do not allow access at boat ramps by normal watercraft, then air boats can be used in the Casey Fork and Big
ILLINOIS REGISTER 11517 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Muddy subimpoundment.
H) Permanent blinds at the Whistling Wings Access Area shall be regulated as follows:
i) During goose season, a separate drawing will be held for the pits at Whistling Wings. This drawing will be held at the Cottonwood check station following the drawing for staked hunting sites. Hunters may not register for more than one drawing per day. Unsuccessful hunters in the drawing for Whistling Wings pits may select any unclaimed staked location after the drawings.
ii) Hunters who wish to hunt together must register as a hunting party and be present at the drawing.
iii) All hunters must have the registration card from the check station in their possession while hunting.
iv) Hunting parties can only hunt from the pit location that they chose in that day's drawing. No moving to or hunting from any other pit location is allowed.
v) No more than 6 dozen decoys may be used per pit.
vi) No more than 4 hunters will be allowed in a pit or hunting party.
I) Each hunting party is required to hunt over a minimum of 612 decoys at each blind site, and all decoys must be picked up at the end of each day's hunt.
J) During the last 3 days of Canada goose season, hunting hours shall close at sunset daily.
K) The land and water portion of the Rend Lake Refuge is closed to trespassing during waterfowl season. The location of the Rend Lake Refuge is described as follows:
ILLINOIS REGISTER 11518 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
i) Bounded on the south by a buoy line, approximating the Jefferson-Franklin County Line.
ii) Bounded on the east by a buoy line and/or signs approximating the channel of the Casey Fork Creek.
iii) Bounded on the west by a buoy line and/or signs approximating the channel of the Big Muddy River.
iv) Bounded on the north portion of the Big Muddy River by a buoy line and/or signs approximating a line which would extend west from Ina, Illinois.
v) Bounded on the north portion of the Casey Fork Creek by the Casey Fork Subimpoundment Dam.
vi) Bounded on Nason Point by refuge boundary signs at project limits.
L) After the close of regular duck season, goose hunters may not possess more than 5 shot shells for every Canada and white-front goose allowed in the daily bag limit.
M) Staked Hunting Areas – Those areas designated as a staked hunting area will be publicly announced and the following regulations will apply:
i) All hunting must occur within 10 yards of an assigned, numbered stake except for stakes identified at the check station where hunters may hunt from any place in the field in which the stake is located.
ii) Stakes will be assigned via a daily drawing held at 4:00 a.m. during November, 4:30 a.m. in December and 5:00 a.m. in January.
iii) Check station at the Bonnie Dam Access Area will be operated on a daily basis through the second weekend of the waterfowl season. Thereafter, Bonnie Dam check
ILLINOIS REGISTER 11519 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
station will only be open on weekends and holidays as posted at the check station. Cottonwood Access Area will be operated on a daily basis throughout the waterfowl season for both Bonnie Dam and Cottonwood Hunting Areas. Hunters who wish to hunt together at a staked location must register as a hunting party and be present for the drawing. Only those persons in that party may hunt at the assigned stake. No more than 5 persons shall be in a hunting party.
iv) All hunters must register at the check station. Hunters arriving at the check station after the initial draw will have the opportunity to select any stakes that are still available up to one hour before legal shooting time. Hunters may enter the subimpoundment up to ½ hour before legal shooting time or between 9:00 a.m. and 9:30 a.m.
v) Hunting parties can only hunt from the staked hunting location that they chose in that day's drawing. No moving to or hunting from any other staked hunting location is allowed. Once a staked hunting location is killed out, no other hunting party may hunt from that stake for the remainder of that day.
vi) When hunting parties have killed their legal daily bag limit of ducks (not including coots and mergansers) and/or Canada geese in respect to the legal hunting season dates they must vacate the hunting site.
vii) Hunters must sign in and out and report their harvest on the cards at the access area where they launch.
40) Saline County State Conservation Area (1) (2)
A) Waterfowl hunting is allowed north of the township road only.
B) Walk-in hunting only.
41) Sam Dale Lake State Fish and Wildlife Area (1) (2)
ILLINOIS REGISTER 11520 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
42) Sanganois State Fish and Wildlife Area
A) Hunters using the main walk-in hunting area from opening day of the Central Zone duck season through the first Sunday of the Central Zone duck season must have a permit issued from the site office. Procedures for issuance of permits will be publicly announced.
B) Hunters using the walk-in area shall use the check station at the headquarters area located 8 miles northwest of Chandlerville just off Route 78 or the check station on the west side of the Illinois River one mile north of Browning near Route 100.
C) Walk-in waterfowl hunting shall be permitted only in the area posted for this purpose.
D) All hunters using a walk-in area must report to the check station to fill out information cards and to turn in hunting licenses or valid photo identification (example: Firearm Owner's Identification Card, driver's license) before proceeding to area.
E) Topper's Hole is a walk-in area accessed by boat only, no check-in, check-out, no permanent blinds, hunting parties must stay at least 200 yards apart, hunting parties shall hunt over no less than 612 decoys, daily hunting hours are legal shooting hours through 1:00 p.m. CST.
F) The Baker tract is a lottery-draw walk-in area with 4 separate hunting compartments. One party of hunters (up to 4 hunters per party) will be permitted to hunt in each hunting compartment. The allocation of the 4 Baker tract hunting compartments will be by drawing the morning of the hunt, 1 hour and 15 minutes prior to legal shooting hours on Tuesday, Thursday and Saturday of the Central Zone waterfowl season, except during firearm deer season, at which time the Baker tract is closed to waterfowl hunting. Parties must register for the draw together on the same card.
G) Upon the completion of hunting, hunters must report to the check
ILLINOIS REGISTER 11521 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
station within one hour.
H) Fishing is prohibited in the impoundment areas during the duck season, except that walk-in only access for fishing from the bank is permitted after 1:00 p.m.
I) No person shall trespass on the Barkhausen Refuge during the period from October 1 through end of goose season.
J) No person shall trespass on the Marion-Pickerel Waterfowl Refuge during the period from October 1 through the last day of the waterfowl season, unless prior permission for a specific reason (such as access to private land or to retrieve dead or wounded game) is granted by the site superintendent.
K) When the Central Zone goose season extends beyond the duck season, goose hunting shall be permitted with statewide hunting hours in effect. Hunters need not occupy a blind. All hunting must be conducted within non-refuge areas.
L) No hunting permitted from the walk-in area subimpoundment levee.
M) Hunters may use boats without motors in the walk-in area; the construction and/or use of permanent blinds in the walk-in area is prohibited.
43) Sangchris Lake State Park
A) During the last 3 days of the regularly scheduled Canada goose season, hunting hours will close at statewide closing.
B) Blind sites shall be allocated by a daily drawing to be conducted 90 minutes prior to hunting time. Blind sites not selected during the drawing (or in the event that personnel are not available to conduct the drawing) shall be allocated on a first-come, first-served basis. (During that portion of the Canada goose season that follows the duck season, the west side goose pit area, the west arm blind sites and east arm blind sites south of power lines shall be available for
ILLINOIS REGISTER 11522 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
goose hunting and shall be allocated on a daily drawing basis to be held at 5:30 a.m. daily.)
C) During that portion of the light goose season which follows the regular Canada goose season, the west-side goose pit area blinds, and designated fields west of the west boat ramp shall be available daily on a first-come, first-served basis. Hunters must sign in at the appropriate parking area no earlier than 5 a.m.
D) All hunting must be from registered blind sites only and hunters must occupy their blinds within one hour after registering at the check station.
E) Upon vacating their blinds, hunters must place their completed harvest cards in the collection boxes located at either the east or west boatdock.
F) There will be a duly posted waterfowl refuge. These areas shall be closed to all boat traffic (except as allowed in subsection (b)(43)(K)) and boat fishing during the waterfowl season. Bank fishing along the dam shall be permitted.
G) No more than 4 persons shall occupy a blind at one time.
H) The center arm of the lake shall be closed to all waterfowl hunting.
I) Blind sites shall be determined by the Department of Natural Resources and marked with a numbered stake. When it is deemed necessary, the Department of Natural Resources shall remove, move or close blind sites in order to carry out the operations of the overall management program.
J) Hunters wishing to move to another blind location may do so after 10 a.m. providing they include the blind change on the harvest card and report their kill for each blind.
K) Access to water blind sites shall be by boat only and from designated boat launch sites. Corridors located along the edges of the existing refuge will be established to provide access to all
ILLINOIS REGISTER 11523 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
available blind sites as designated by site superintendent when conditions warrant.
L) All hunting must be from one portable blind or one anchored portable boat blind located within a numbered cove and between the assigned numbered stakes or from one Department designated blind or pit.
M) Crippled waterfowl that fall on land, other than areas designated as refuge, shall be retrieved by foot. However, no gun may be carried while attempting to recover such birds.
N) No unauthorized pits or blinds shall be built on State managed land.
O) Blind sites: A position between 2 like numbered stakes within a cove or other Department designated site where a blind may be located.
P) Fishing shall be prohibited in the east and west arms of the lake during the period from 10 days prior to the duck season through the end of the duck season, unless the youth waterfowl hunt is more than 10 days before the regular duck season, then the east and west arms will be closed to accommodate the youth waterfowl hunt. Fishing shall be prohibited in the west arm of the lake and the east arm of the lake south of the power lines during that portion of the Canada goose season that follows the duck season.
Q) Each party must hunt over a minimum of 612 decoys, and all decoys must be removed at the end of each day's hunt.
R) When it is deemed necessary for public safety reasons, such as flooding, high winds, or heavy fog, the Department of Natural Resources will close the lake area to all fishing and all boating activity except for non-water hunting programs.
S) During flood conditions, waterfowl hunters may hunt the tailwaters of Sangchris Lake dam including Clear Creek and the South Fork of the Sangamon River. Decoys must be removed at the end of
ILLINOIS REGISTER 11524 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
each day's hunt.
T) West-side goose pit area blinds will be available every day each week except Tuesday and Wednesday, through the regular Canada goose season, except for the Tuesday and Wednesday preceding the last day of the Canada goose season.
U) Hunters in the west-side goose pit area may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit after the close of the Central Zone duck season.
V) All blinds will be closed during the first day of the second firearm deer season; hunting hours will be from statewide hunting hours until 10:00 a.m. the remaining days of the second firearm deer season.
44) Shawnee National Forest, Upper and Lower Bluff Lakes Goose hunting is prohibited at Lower Bluff Lake. Legal entry time is 4:30 a.m. and exit time is 2:00 p.m. for all hunters in flooded management compartments.
45) Shawnee National Forest, LaRue Scatters All hunting must be by walking in or in boats without motors. Legal entry time is 4:30 a.m. and exit time is 2:00 p.m. for all hunters in flooded management compartments.
46) Shawnee National Forest, Oakwood Bottoms (Green Tree Reservoir west of the Big Muddy levee)
A) All hunting must be by walking into the area.
B) Each hunting party must hunt over a minimum of 612 decoys in Compartments 19, 20 and 21.
C) No person shall tamper with or attempt to manipulate any of the gates, pumps or structures in the subimpoundment area.
D) Legal entry time is 4:30 a.m. and exit time is 2:00 p.m. for all hunters in flooded management compartments.
ILLINOIS REGISTER 11525 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
47) Shelbyville State Fish and Wildlife Area (2)
A) Waterfowl hunting shall be permitted as described in this subsection (b)(47) except in duly posted restricted and "No Hunting" areas.
B) Waterfowl hunting in the Fish Hook, North Dunn, McGee, and Jonathan Creek Waterfowl Areas shall be allotted by a daily drawing for the first 2 days of the regular waterfowl season. Parties must register for drawings between 4:00 a.m. and 5:00 a.m. Central Standard Time at the check station on those days. Each party drawn shall be allowed to choose one of the staked sites in the waterfowl area. Parties must select sites in the order they are drawn. Maximum party size is 4 persons. In addition, the following regulations shall apply.
i) All parties must hunt within 10 yards of their assigned stake.
ii) All parties must be in place by ½ hour before hunting time.
iii) All parties are required to report their harvest by 2:00 p.m. following each hunt.
C) Hunting in the Jonathan Creek, North Dunn and McGee Waterfowl Areas shall be restricted to designated, staked sites on a first-come, first-served basis except as noted in this subsection (b)(47)(C). Hunting in the Fish Hook Area shall be restricted to designated, staked sites on a first-come, first-served basis for the first 14 days of the Illinois Central Zone duck season, except as noted in this subsection (b)(47)(C). A hunting party must hunt within 10 yards of the stake.
D) Each hunting party in the Fish Hook, Dunn, Jonathan Creek and McGee Waterfowl Areas is required to hunt over a minimum of 612 decoys.
ILLINOIS REGISTER 11526 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
E) Motors of over 10 horsepower shall not be operated in the Fish Hook, Jonathan Creek, Dunn and McGee Waterfowl Areas.
F) Waterfowl hunting only is permitted in the Fish Hook, Dunn, Jonathan Creek and McGee Waterfowl Areas during the regular waterfowl season, except that pheasant, rabbit and quail hunting is permitted after 1:00 p.m. daily beginning the day after the close of the Central Zone Duck Season.
G) During the regular waterfowl season, only licensed waterfowl hunters with valid site waterfowl permits who are in the pursuit of waterfowl are permitted on the Kaskaskia River from the Strickland Boat Access north to the Illinois Central Railroad bridge from ½ hour before sunrise until 1:00 p.m.
48) Sielbeck Forest State Natural Area (1) (2)
49) Stephen A. Forbes State Recreation Area
A) On the main lake hunting is allowed from a boat blind only in the designated areas.
B) Only walk-in hunting is allowed in the subimpoundment.
C) Hunting shall be allowed on a first-come, first-served basis. All hunters must use 612 decoys, minimum.
D) Hunters must sign in and out and report harvest.
50) Ten Mile Creek State Fish and Wildlife Area (1) (2)
A) Each hunting party is required to hunt over a minimum of 612 decoys at each blind site, and all decoys must be picked up at the end of each day's hunt.
B) Areas designated as Rest Areas are closed to all access during the Canada Goose Season only.
51) Turkey Bluffs State Fish and Wildlife Area (1)
ILLINOIS REGISTER 11527 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
All hunters must sign in and out and report kill.
52) Union County State Fish and Wildlife Area (Firing Line Waterfowl Management Area)
A) Blind and stake sites shall be allocated on a daily draw basis at the site shop building 60 minutes prior to hunting time. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select a blind or stake site in order drawn; only those hunters registered in a party shall be allowed to hunt with their party; no less than 2 hunters and no more than 4 hunters per party; persons under the age of 16 shall not be allowed to hunt unless accompanied by an adult.
B) Blinds and stakes not allocated during the drawing will not be hunted that day. Moving from location to location is not allowed.
C) Access to hunting sites is from the hunter parking lot located south of the blind area only.
D) Each hunting party must hunt over a minimum of 612 decoys. Decoys must be picked up immediately after the hunt is over.
E) Hunting hours end at 12:00 p.m. and all hunters must be out of the area by 1:00 p.m. Daily entry into the area is restricted until after the drawing for hunting sites.
F) Area closed to hunting on Mondays, Tuesdays and December 24- 28. The site shall be open only for the Illinois Youth Waterfowl Hunt on December 28, pursuant to 17 Ill. Adm. Code 685.110.
G) When duck season is closed, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit.
53) Weinberg-King State Park – Spunky Bottoms Unit (1) (2)
54) Wise Ridge State Natural Area (1)
(Source: Amended at 44 Ill. Reg. 11483, effective June 29, 2020)
ILLINOIS REGISTER 11528 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: White-Tailed Deer Hunting By Use of Firearms
2) Code Citation: 17 Ill. Adm. Code 650
3) Section Number: Adopted Action: 650.22 Amendment
4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26, 2.33 and 3.36 of the Wildlife Code [520 ILCS 5].
5) Effective Date of Rule: June 29, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rule, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.
9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5634, April 3, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: None
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.
13) Will this rulemaking replace an emergency rule currently in effect? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This Part has been amended to amend procedures at special hunt areas.
16) Information and questions regarding this adopted rule shall be directed to:
John Heidinger, Legal Counsel
ILLINOIS REGISTER 11529 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271
217/782-1809
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER 11530 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 650 WHITE-TAILED DEER HUNTING BY USE OF FIREARMS
Section 650.10 Statewide Season and Permit Quotas 650.20 Statewide Deer Permit Requirements 650.21 Deer Permit Requirements – Landowner/Tenant Permits 650.22 Deer Permit Requirements – Special Hunts 650.23 Deer Permit Requirements – Group Hunt 650.30 Statewide Requirements for Hunting Devices 650.40 Statewide Deer Hunting Rules 650.45 Reporting Harvest 650.50 Rejection of Application/Revocation of Permits 650.60 Regulations at Various Department-Owned or -Managed Sites 650.65 Youth Hunt (Repealed) 650.66 Special Hunts for Young Hunters 650.67 Special Hunts for Disabled Hunters 650.70 Special Extended Season Firearm Deer Hunt (Repealed)
AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26, 2.33 and 3.36 of the Wildlife Code [520 ILCS 5].
SOURCE: Adopted at 5 Ill. Reg. 9771, effective September 17, 1981; codified at 5 Ill. Reg. 10640; amended at 6 Ill. Reg. 10730, effective August 20, 1982; amended at 7 Ill. Reg. 10798, effective August 24, 1983; amended at 8 Ill. Reg. 21602, effective October 23, 1984; amended at 9 Ill. Reg. 16213, effective October 10, 1985; emergency amendment at 9 Ill. Reg. 20922, effective December 18, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 4223, effective February 25, 1986; amended at 10 Ill. Reg. 16665, effective September 22, 1986; amended at 11 Ill. Reg. 3044, effective February 3, 1987; amended at 11 Ill. Reg. 9564, effective May 5, 1987; amended at 12 Ill. Reg. 8003, effective April 25, 1988; amended at 12 Ill. Reg. 12055, effective July 11, 1988; amended at 13 Ill. Reg. 12853, effective July 21, 1989; amended at 14 Ill. Reg. 12430, effective July 20, 1990; amended at 14 Ill. Reg. 19869, effective December 3, 1990; amended at 15 Ill. Reg. 10038, effective June 24, 1991; emergency amendment at 15 Ill. Reg. 15790, effective October 22, 1991, for a maximum of 150 days; emergency expired March 21, 1992; amended at 16 Ill. Reg. 11131, effective June 30, 1992; amended at 17 Ill. Reg. 13468,
ILLINOIS REGISTER 11531 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT effective July 30, 1993; amended at 18 Ill. Reg. 5859, effective April 5, 1994; amended at 18 Ill. Reg. 13431, effective August 23, 1994; amended at 19 Ill. Reg. 6477, effective April 28, 1995; amended at 20 Ill. Reg. 7515, effective May 20, 1996; amended at 21 Ill. Reg. 5572, effective April 19, 1997; amended at 21 Ill. Reg. 9116, effective June 26, 1997; amended at 22 Ill. Reg. 8007, effective April 28, 1998; amended at 23 Ill. Reg. 5564, effective April 26, 1999; amended at 24 Ill. Reg. 8971, effective June 19, 2000; amended at 24 Ill. Reg. 10260, effective July 1, 2000; amended at 25 Ill. Reg. 7231, effective May 22, 2001; amended at 26 Ill. Reg. 9319, effective June 17, 2002; amended at 27 Ill. Reg. 10009, effective June 23, 2003; emergency amendment at 27 Ill. Reg. 17270, effective November 10, 2003, for a maximum of 150 days; Section 650.60 of the emergency rules expired April 8, 2004; amended at 28 Ill. Reg. 353, effective December 19, 2003; amended at 28 Ill. Reg. 8039, effective May 26, 2004; amended at 29 Ill. Reg. 9718, effective June 24, 2005; emergency amendment at 29 Ill. Reg. 13025, effective August 10, 2005, for a maximum of 150 days; emergency expired January 1, 2006; amended at 30 Ill. Reg. 12155, effective June 28, 2006; amended at 31 Ill. Reg. 8169, effective May 25, 2007; amended at 32 Ill. Reg. 9300, effective June 13, 2008; amended at 33 Ill. Reg. 11534, effective July 27, 2009; amended at 34 Ill. Reg. 4800, effective March 19, 2010; amended at 35 Ill. Reg. 10710, effective June 23, 2011; amended at 36 Ill. Reg. 13419, effective August 10, 2012; amended at 37 Ill. Reg. 14888, effective August 30, 2013; amended at 38 Ill. Reg. 22742, effective November 18, 2014; amended at 39 Ill. Reg. 7643, effective May 18, 2015; amended at 40 Ill. Reg. 10545, effective July 20, 2016; amended at 41 Ill. Reg. 8639, effective June 28, 2017; amended at 41 Ill. Reg. 15784, effective December 18, 2017; amended at 42 Ill. Reg. 13114, effective June 22, 2018; amended at 43 Ill. Reg. 9518, effective August 23, 2019; amended at 44 Ill. Reg. 11528, effective June 29, 2020.
Section 650.22 Deer Permit Requirements – Special Hunts
a) Special hunt sites are defined as those sites that are owned or controlled by agencies/entities other than the Department, or sites at which the Department only controls a portion of the property designated for deer hunting, that issue deer hunting permits through the statewide lottery process. The Permit Office issues deer hunting permits through a computerized drawing for the following sites, in addition to the Department-owned or -managed sites listed in Section 650.60(i). The permit preference system does not apply to special hunt areas or to State sites allocating permits in the lottery.
Crab Orchard National Wildlife Refuge (the first and second season are considered separate hunt choices, and permit applicants must specify which season they are applying for in the County Choice or Hunt Area field of the application; permits may be issued as antlerless-only without the normal bonus
ILLINOIS REGISTER 11532 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT requirement; standby hunting will be allowed if additional permits are available at the site)
Crab Orchard National Wildlife Refuge – Disabled Hunt (first season only)
Joliet Army Training Area (Will County)
Lake Shelbyville Project Lands – Disabled Hunt (first season only; permit drawing will be conducted by Corps of Engineers' staff with permits mailed to successful applicants by the Department; contact Corps of Engineers, Lake Shelbyville office for application procedures/dates; additional permits will be available for purchase at the site for any unfilled positions)
Lake Shelbyville Project Lands (Moultrie County) (it is unlawful to drive deer; for Corps of Engineers managed lands not managed by IDNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy)
Lake Shelbyville Project Lands except Wolf Creek State Park (Shelby County) (it is unlawful to drive deer; for Corps of Engineers managed lands not managed by IDNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy)
Lost Mound Unit – Upper Mississippi River National Wildlife and Fish Refuge, including Stewardship Park and Eagles Landing (DNR owned) (Saturday and Sunday of the first firearm deer season only; hunters must attend a preseason orientation meeting to be eligible to hunt, bonus antlerless-only permits will be sold at site)
Lost Mound Unit – Upper Mississippi River National Wildlife and Fish Refuge, including Stewardship Park and Eagles Landing (DNR owned) – Disabled Hunt (Friday, Saturday and Sunday prior to the first statewide firearm deer season only; permit drawing will be conducted by USFWS; preference given to disabled hunters; either-sex permits; bonus antlerless-only permits and one-day standby permits will be sold at site)
Midewin National Tallgrass Prairie (no handguns allowed; additional site pass is required; check-in, check-out and reporting of harvest is required)
Rend Lake Project Lands – Disabled Hunt (first season only; permit drawing will
ILLINOIS REGISTER 11533 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
be conducted by Corps of Engineers staff with permits mailed to successful applicants by the Department; contact Corps of Engineers, Rend Lake Office for application procedures/dates; additional permits will be available for purchase at the site for any unfilled positions) b) Providing false information on an application is a Class A misdemeanor (see 520 ILCS 5/2.38). Hunting deer prior to ½ hour before sunrise or after ½ hour after sunset is a Class A misdemeanor with a $500 minimum and $5,000 maximum fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)). Taking an antlered deer with an antlerless permit is a Class B misdemeanor (see 520 ILCS 5/2.24). Hunting after sunset or outside the set season is a Class B misdemeanor (see 520 ILCS 5/2.24).
(Source: Amended at 44 Ill. Reg. 11528, effective June 29, 2020)
ILLINOIS REGISTER 11534 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: White-Tailed Deer Hunting By Use of Bow and Arrow
2) Code Citation: 17 Ill. Adm. Code 670
3) Section Number: Adopted Action: 670.60 Amendment
4) Statutory Authority: Implementing and authorized by Sections 1.2, 1.3, 1.4, 2.1, 2.2, 2.5, 2.20, 2.24, 2.25, 2.26, 2.33, 3.5 and 3.36 of the Wildlife Code [520 ILCS 5].
5) Effective Date of Rule: June 29, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rule, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.
9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5640, April 3, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: None
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.
13) Will this rulemaking replace an emergency rule currently in effect? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This Part has been amended to make statewide program changes, open and close state-owned or -managed sites, and amend procedures at state sites.
16) Information and questions regarding this adopted rule shall be directed to:
ILLINOIS REGISTER 11535 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271
217/782-1809
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER 11536 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 670 WHITE-TAILED DEER HUNTING BY USE OF BOW AND ARROW
Section 670.10 Statewide Open Seasons and Counties 670.20 Statewide Deer Permit Requirements 670.21 Deer Permit Requirements – Landowner/Tenant Permits 670.30 Statewide Legal Bow and Arrow 670.40 Statewide Deer Hunting Rules 670.50 Rejection of Application/Revocation of Permits 670.55 Reporting Harvest 670.60 Regulations at Various Department-Owned or -Managed Sites
AUTHORITY: Implementing and authorized by Sections 1.2, 1.3, 1.4, 2.1, 2.2, 2.5, 2.20, 2.24, 2.25, 2.26, 2.33, 3.5 and 3.36 of the Wildlife Code [520 ILCS 5].
SOURCE: Adopted at 5 Ill. Reg. 8888, effective August 25, 1981; codified at 5 Ill. Reg. 10641; emergency amendment at 5 Ill. Reg. 11402, effective October 14, 1981, for a maximum of 150 days; emergency expired March 13, 1982; amended at 6 Ill. Reg. 10721, effective August 20, 1982; emergency amendment at 6 Ill. Reg. 15581, effective December 14, 1982, for a maximum of 150 days; emergency expired May 13, 1983; amended at 7 Ill. Reg. 10790, effective August 24, 1983; amended at 8 Ill. Reg. 19004, effective September 26, 1984; amended at 9 Ill. Reg. 14317, effective September 9, 1985; amended at 10 Ill. Reg. 16658, effective September 22, 1986; amended at 11 Ill. Reg. 2275, effective January 20, 1987; amended at 12 Ill. Reg. 12042, effective July 11, 1988; amended at 13 Ill. Reg. 12839, effective July 21, 1989; amended at 14 Ill. Reg. 14787, effective September 4, 1990; amended at 14 Ill. Reg. 19859, effective December 3, 1990; amended at 15 Ill. Reg. 10021, effective June 24, 1991; amended at 15 Ill. Reg. 16691, effective October 31, 1991; amended at 16 Ill. Reg. 11116, effective June 30, 1992; amended at 17 Ill. Reg. 286, effective December 28, 1992; amended at 17 Ill. Reg. 13452, effective July 30, 1993; amended at 18 Ill. Reg. 5842, effective April 5, 1994; amended at 19 Ill. Reg. 7560, effective May 26, 1995; amended at 19 Ill. Reg. 15411, effective October 26, 1995; amended at 20 Ill. Reg. 6723, effective May 6, 1996; amended at 21 Ill. Reg. 5561, effective April 19, 1997; amended at 22 Ill. Reg. 7995, effective April 28, 1998; amended at 23 Ill. Reg. 6829, effective May 20, 1999; amended at 24 Ill. Reg. 6908, effective April 20, 2000; amended at 25 Ill. Reg. 7217, effective May 22, 2001; amended at 25 Ill. Reg. 11471, effective August 14, 2001;
ILLINOIS REGISTER 11537 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT amended at 26 Ill. Reg. 9356, effective June 17, 2002; amended at 27 Ill. Reg. 10025, effective June 23, 2003; amended at 28 Ill. Reg. 9968, effective July 6, 2004; amended at 29 Ill. Reg. 9761, effective June 24, 2005; amended at 30 Ill. Reg. 12196, effective June 28, 2006; amended at 31 Ill. Reg. 8202, effective May 25, 2007; amended at 32 Ill. Reg. 9337, effective June 13, 2008; amended at 33 Ill. Reg. 11571, effective July 27, 2009; amended at 34 Ill. Reg. 4839, effective March 19, 2010; amended at 35 Ill. Reg. 10739, effective June 23, 2011; amended at 36 Ill. Reg. 13450, effective August 10, 2012; amended at 37 Ill. Reg. 14926, effective August 30, 2013; amended at 38 Ill. Reg. 22752, effective November 18, 2014; amended at 39 Ill. Reg. 10905, effective July 27, 2015; emergency amendment at 39 Ill. Reg. 13125, effective September 3, 2015, for a maximum of 150 days; amended at 39 Ill. Reg. 14568, effective October 20, 2015; amended at 40 Ill. Reg. 829, effective December 29, 2015; amended at 40 Ill. Reg. 10579, effective July 20, 2016; amended at 41 Ill. Reg. 8679, effective June 28, 2017; amended at 42 Ill. Reg. 17610, effective September 21, 2018; amended at 43 Ill. Reg. 9537, effective August 23, 2019; amended at 44 Ill. Reg. 11534, effective June 29, 2020.
Section 670.60 Regulations at Various Department-Owned or -Managed Sites
a) All the regulations in 17 Ill. Adm. Code 510 (General Hunting and Trapping) apply in this Section, unless this Section is more restrictive.
b) It is unlawful to drive deer, or participate in a deer drive, on all Department- owned or -managed properties. A deer drive is defined as a deliberate action by one or more persons (whether armed or unarmed) whose intent is to cause deer to move within archery range of one or more participating hunters.
c) Only one tree stand or ground blind is allowed per deer permit holder. Tree stands and ground blinds must comply with restrictions listed in 17 Ill. Adm. Code 510.10(c)(3) and (c)(12) and must be portable. Tree stands and ground blinds must be removed at the end of each day with the exception that they may be left unattended from September 15 through January 31 at those sites listed in this Section that are followed by a (1). Any tree stand or ground blind left unattended must be legibly marked with the owner's name, address, and telephone number, or site assigned identification number.
d) Check-in, check-out, and reporting of harvest is required at those sites listed in this Section that are followed by a (2). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by a (6).
e) Where standby hunters are used to fill quotas, a drawing will be held at sites
ILLINOIS REGISTER 11538 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
indicated by a (3). f) Only antlerless deer or antlered deer having at least 4 points on one side may be harvested at those sites listed in this Section that are followed by a (4). g) Only antlerless deer or antlered deer having at least 5 points on one side may be harvested at those sites listed in this Section that are followed by a (5). h) Statewide regulations shall apply at the following sites:
Alvah Borah State Habitat Area (6)
* Anderson Lake State Fish and Wildlife Area (1) (2)
Apple River Canyon State Park – Thompson and Salem Units (6)
Argyle Lake State Park (1) (6)
* Banner Marsh State Fish and Wildlife Area (statewide hunting hours except during the Central Zone duck season hunting hours 1:00 p.m. until ½ hour after sunset) (1) (2)
* Beall Woods State Park (1) (6)
* Big Bend State Fish and Wildlife Area (1) (2)
Big Grand Pierre Glade State Natural Area (1)
Big River State Forest (1) (6)
Bradford Pheasant Habitat Area (October 1-31 only) (6)
Buffalo Rock State Park/Blackball Mines Nature Preserve (2)
Burning Star State Fish and Wildlife Area (6)
Butterfield Trail State Recreation Area (6)
Cache River State Natural Area (1) (2)
ILLINOIS REGISTER 11539 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Campbell Pond State Fish and Wildlife Area (1) (6)
Cape Bend State Fish and Wildlife Area (1) (2)
Carlyle Lake Lands and Waters (Corps of Engineers managed lands, except Jim Hawn and East Spillway Areas)
* Carlyle Lake Lands and Waters (Corps of Engineers managed lands – Jim Hawn and East Spillway Areas)
Carlyle Lake State Fish and Wildlife Area (except subimpoundment area is closed 7 days prior to and during the regular waterfowl season; lands bounded on the east by "C" levee, south by "D" levee, west by ACOE property line, and including the posted area west of parking lot #2, will be open the entire archery deer hunting season) (6)
Castle Rock State Park (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (1) (6)
Cedar Glen State Natural Area (no hunting after December 15) (1) (6)
Chauncey Marsh State Natural Area (permit obtained at Red Hills State Park headquarters) (1) (6)
Clinton Lake State Recreation Area (6)
Coffeen Lake State Fish and Wildlife Area (6)
Collier Limestone Glade State Natural Area (1)
Copperhead Hollow State Wildlife Area (1) (6)
Crawford County State Conservation Area (1) (6)
Cretaceous Hills State Natural Area (1) (6)
Cypress Creek National Wildlife Refuge
ILLINOIS REGISTER 11540 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Cypress Pond State Natural Area (1) (2)
Deer Pond State Natural Area (1) (2)
Des Plaines Game Propagation Center (closed Saturdays and Sundays in October and Sundays in November, December and January) (2)
Des Plaines State Conservation Area (no hunting is permitted Wednesday through Sunday of the site's permit pheasant season) (6)
Devil's Island State Wildlife Management Area
Dixon Springs State Park (1) (6)
Dog Island State Wildlife Management Area (1) (6)
Dublin Highlands Pheasant Habitat Area (opens statewide opening date; however, site closes for archery deer hunting at the end of legal shooting hours the day preceding the opening of the North Zone upland season and reopens the day after the close of the North Zone upland season and runs until the statewide season closes; submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (1) (2)
* Eagle Creek State Park (for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy) (6)
Eldon Hazlet State Park (archery hunting is closed in the designated controlled pheasant hunting area on days when the controlled pheasant hunting program is in operation) (6)
Embarras River Bottoms State Habitat Area (1) (6)
Ferne Clyffe State Park (1) (2)
Finfrock State Habitat Area (October 1-31 only; eligible hunters required to obtain Clinton Lake State Recreation Area site hunting permit) (6)
ILLINOIS REGISTER 11541 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Flag Pond State Natural Area (1)
Flatwoods State Natural Area (1) (6)
Fort de Chartres State Historic Site (1) (2)
* Fort Kaskaskia State Historic Site (opens November 1) (2)
Fort Massac State Park (1) (6)
Fox Ridge State Park (1) (6)
Franklin Creek State Natural Area (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)
French Bluff State Natural Area (6)
George S. Park Memorial Woods State Natural Area (2)
Giant City State Park (1) (2)
Goose Lake Prairie State Natural Area/Heidecke State Fish & Wildlife Area (archery deer hunting is closed during the muzzleloader deer season) (6)
Green River State Wildlife Area (1) (6)
Hallsville State Habitat Area (October 1-31 only; eligible hunters will use Clinton Lake State Recreation Area site hunting permit) (1) (6)
Hamilton County State Conservation Area (1) (6)
Hanover Bluff State Natural Area (6)
Harry "Babe" Woodyard State Natural Area (6)
Henry Allen Gleason State Natural Area (6)
ILLINOIS REGISTER 11542 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Hidden Springs State Forest (1) (6)
Hindsboro State Habitat Area (October 1 through October 31 only) (1) (6)
Horseshoe Lake State Conservation Area – Alexander County (Controlled Goose Hunting Area – open from October 1-31; reopens with the close of the Quota Zone goose season through statewide closing; remainder of the Public Hunting Area open during statewide season) (1) (2)
Ilo Dillin State Habitat Area (hunting allowed during October only) (6)
Iroquois County State Wildlife Area/Hooper Branch only (1) (2) (6)
Johnson-Sauk Trail State Park (statewide regulations apply, except that, on Wednesdays through Sundays of the site's permit pheasant season, hunting only allowed 2:00 p.m. until sunset) (1) (6)
Jubilee College State Park (2)
Kankakee River State Park (deer bow hunters must wear a cap and upper outer garment with at least 400 square inches of solid blaze orange/pink between 9:00 a.m. and 3:00 p.m. on days when upland game hunting is allowed during the site's controlled hunting season; a limited hunting opportunity for persons with disabilities, Class P2A, exists at the Davis Creek Bike Trail Area; disabled hunters must register to hunt at the site office and must sign in and out daily; disabled hunters are required to hunt with a non-disabled partner who may also hunt from predetermined locations during the disabled hunting season (November 1 to the day before the first firearm deer season, except campground blinds will remain open until the close of the archery deer season and do not require a partner to hunt) (6)
Kaskaskia River State Fish and Wildlife Area (the State-owned portion of the defined waterfowl rest area is open until 2 weeks prior to the start of the regular duck season through the close of the regular duck and Canada goose seasons; no hunting within 50 yards of the Baldwin Lake Waterfowl Rest Area's main north-south road) (1) (2 – except south of Highway 154 and north of Highway 13)
ILLINOIS REGISTER 11543 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Kickapoo State Recreation Area (6)
Kidd Lake State Natural Area (1)
Kinkaid Lake State Fish and Wildlife Area (1) (2)
Kishwaukee River State Fish and Wildlife Area (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)
Lake Le Aqua Na State Park (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)
Larry D. Closson Habitat Area (October 1-31 only) (1)
Lincoln Trail State Park (November 1 through the end of statewide season; open to archery deer hunting during statewide firearm deer seasons) (2)
Little Rock Creek State Habitat Area (opens statewide opening date; however, site closes for archery deer hunting at the end of legal shooting hours the day preceding the opening of the north zone upland season and reopens the day after the close of the north zone upland season and runs until the statewide season closes) (1) (2)
Lowden-Miller State Forest (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (1) (6)
Lowden State Park (in October, hunting allowed on Mondays, Tuesdays, Wednesdays and Thursdays only, excluding official State holidays; beginning November 1, archery hunting is allowed 7 days a week) (1) (6)
Lusk Creek Canyon State Natural Area (1)
Mackinaw River State Fish and Wildlife Area (1) (6)
ILLINOIS REGISTER 11544 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Marseilles State Fish and Wildlife Area (closed Friday, Saturday, and Sunday in October only; no hunting after the first Thursday after January 10; all tree stands must be removed from this area no later than the last day of the season; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may enter the site only from designated parking lots) (1) (2)
Marshall State Fish and Wildlife Area (Duck Ranch Unit closed 7 days prior to the duck season through the close of duck season) (6)
Mautino State Fish and Wildlife Area (1) (6)
Maxine Loy Land and Water Reserve (6)
Maytown Pheasant Habitat Area (hunting allowed during October only) (6)
Mazonia/Braidwood State Fish and Wildlife Area (2) (4) (6)
Meeker State Habitat Area (1) (6)
Mermet Lake State Conservation Area (1) (6)
Middle Fork State Fish and Wildlife Area (6)
Midewin National Tallgrass Prairie (additional site hunting pass required) (2)
Miller-Anderson Woods State Natural Area (2)
Mississippi Palisades State Park (closed during the first firearm deer season) (1) (6)
Mississippi River Pool 16 (1)
Mississippi River Pools 17, 18 (1)
Mississippi River Pools 21, 22, 24 (1)
ILLINOIS REGISTER 11545 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Mississippi State Fish and Waterfowl Management Area – Pools 25 and 26 (Batchtown, Crull Hollow and Godar Waterfowl Rest Areas are closed to hunting beginning 14 days before regular duck season; areas reopen to hunting the day after duck season closes; it is unlawful to trespass upon the designated duck hunting areas between sunset of the Sunday immediately preceding opening day of regular duck season through the day before regular duck season as posted at the site; no deer hunting is allowed within 200 yards of an occupied duck blind; during duck season only, deer hunters may not access the designated duck hunting areas by launching a boat at certain specifically posted boat ramps; boat ramps reopen to deer hunters the day after duck season closes; hunting is allowed at Red's Landing and Riprap Landing walk-in areas from 12:00 p.m. to ½ hour after sunset during duck season, statewide hours during remainder of season) (1)
Mitchell's Grove State Nature Preserve (antlerless deer only in October; either-sex deer from November 1 until the end of the statewide season; closed during the muzzleloading deer season) (2)
Momence Wetlands State Natural Area (1) (6)
Moraine View State Park (archery deer hunting closed Wednesday through Sunday during the controlled pheasant season) (1) (6)
Morrison Rockwood State Park (opens on the day following the close of the first firearm deer season) (1) (2)
* Mt. Vernon Propagation Center (1) (2)
Nauvoo State Park (Max Rowe Unit Only) (6)
Newton Lake State Fish and Wildlife Area (6)
Oakford State Conservation Area
Paul C. Burrus State Habitat Area (formerly Hurricane Creek State Habitat Area) (hunter quotas filled by drawing) (1) (6)
* Peabody River King State Fish and Wildlife Area (East subunit closes
ILLINOIS REGISTER 11546 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
November 1) (1) (2)
* Pekin Lake State Fish and Wildlife Area (1) (6)
Pere Marquette State Park (1) (6)
Prairie Ridge State Natural Area (1) (6)
Pyramid State Park (4) (6)
Pyramid State Park – Captain Unit (4) (6)
Pyramid State Park – Denmark Unit (4) (6)
Pyramid State Park – East Conant Unit (4) (6)
Pyramid State Park – Galum Unit (4) (6)
Rall Woods State Natural Area (6)
* Ramsey Lake State Park (6)
* Randolph County State Conservation Area (1) (2)
Rauchfuss Hill State Recreation Area (1) (6)
Ray Norbut State Fish and Wildlife Area (6)
Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (6)
Ray Norbut State Fish and Wildlife Area – East Hannibal Unit (6)
* Red Hills State Park (1) (6)
Rend Lake State Fish and Wildlife Area (refuge only (south of site headquarters) from October 1 through October 31; an antlerless deer must be taken on the site before an antlered deer is harvested) (2)
Rend Lake State Fish and Wildlife Area and Corps of Engineers managed
ILLINOIS REGISTER 11547 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
areas of Rend Lake
Revis Hill Prairie State Natural Area (6)
* Rice Lake State Fish and Wildlife Area (statewide hunting hours, except that, during the Central Zone duck season, hunting hours 1:00 p.m. until ½ hour after sunset) (1) (2)
* Rockton Bog State Natural Area (6)
Sahara Woods State Fish and Wildlife Area (6)
Saline County State Fish and Wildlife Area (1) (6)
* Sam Dale Lake State Fish and Wildlife Area (1) (6)
* Sam Parr State Park (1) (2)
Sandy Ford State Natural Area (antlerless deer only in October; either-sex deer from November 1 until the end of the statewide season; archery deer hunting is closed during the muzzleloader deer season) (2)
Sangamon County State Conservation Area (1)
Sanganois State Wildlife Area (Ash Swale Waterfowl Rest Area will be closed to deer hunting during the waterfowl hunting seasons) (1) (6)
Sand Ridge State Forest (6)
* Shabbona Lake State Park (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)
Shelbyville State Fish and Wildlife Area (for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy) (1) (6)
Sielbeck Forest State Natural Area (1) (6)
ILLINOIS REGISTER 11548 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Siloam Springs State Park (4) (6)
Siloam Springs State Park (Fall Creek Unit) (6)
Siloam Springs State Park – Buckhorn Unit (resident hunters only) (4) (6)
* Silver Springs State Park (2)
Skinner Farm State Habitat Area (1) (2)
* Snakeden Hollow State Fish and Wildlife Area (closed during goose season; tree stands must be removed no later than the last day of archery hunting on the site) (1) (6)
Sparks Pond State Natural Area (6)
Spoon River State Forest (1) (6)
* Spring Lake State Fish and Wildlife Area (1) (6)
* Starved Rock State Park/Matthiessen State Park/Margery C. Carlson Nature Preserve (antlerless deer only in October; either-sex deer from November 1 until the end of the statewide season; deer bowhunters must wear a cap and upper outer garment with at least 400 square inches of solid blaze orange/pink during the statewide firearm deer seasons; open to archery deer hunting during the statewide firearm deer season only in Zone A) (2)
* Stephen A. Forbes State Recreation Area (6)
Tapley Woods State Natural Area (6)
Ten Mile Creek State Fish and Wildlife Area (areas designated as refuge are closed to all access during Canada goose season only) (1) (6)
Trail of Tears State Forest (1) (2)
Turkey Bluffs State Fish and Wildlife Area (1) (2)
ILLINOIS REGISTER 11549 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Union County State Fish and Wildlife Area (Firing Line Unit open throughout statewide season; Controlled Public Hunting Area open October 1 through October 31) (1) (2)
Vesely Land and Water Reserve/Wilmington Shrub Prairie Nature Preserve (6)
Walnut Point State Park (1) (6)
Wards Grove State Nature Preserve (closed during firearm deer hunting; antlerless deer only) (6)
* Washington County State Conservation Area (1) (2)
Weinberg-King State Park (6)
Weinberg-King State Park – Cecil White Unit (6)
Weinberg-King State Park − Scripps Unit (resident hunters only) (6)
Weinberg-King State Park − Spunky Bottoms Unit (resident hunters only) (6)
Weldon Springs State Park – Piatt County Unit (6)
Whitefield Pheasant Habitat Area (hunting allowed during October only) (6)
* White Pines Forest State Park ( hunting allowed on Mondays, Tuesdays, Wednesdays and Thursdays only – excluding official State holidays in October. Beginning November 1, archery hunting is allowed 7 days a week, excluding the site's special firearm deer season) (6)
Wildcat Hollow State Forest (1) (6)
Willow Creek State Habitat Area (hunting permitted October 1-31) (1) (6)
Winston Tunnel State Natural Area (6)
ILLINOIS REGISTER 11550 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Wise Ridge State Natural Area (1)
Witkowsky State Wildlife Area (opens October 15) (6)
Wolf Creek State Park (for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office, for specific deer hunting policy) (6)
Woodford State Fish and Wildlife Area (opens at the close of duck season) (6) i) Statewide regulations shall apply at the following sites except that hunter quotas shall be filled by lotterymail-in drawing, using either mail-in paper applications or online (electronic) applications:
Beaver Dam State Park (an antlerless deer must be taken on the site before an antlered deer is harvested; harvest reports are due to the site by December 31; failure to submit report shall result in the loss of hunting privileges at the site for the following year) (1)
Bohm Woods State Nature Preserve (an antlerless deer must be taken on the site before an antlered deer is harvested; harvest reports are due to the site by January 31; failure to submit report shall result in the loss of hunting privileges at the site for the following year) (1)
* Frank Holten State Park (opens November 1; crossing of Harding Ditch within confines of site allowed; no hunting from Harding Ditch right-of- way; drawing for weekly hunter quotas will be held prior to the season; display windshield card while hunting; harvest report due to site by January 31, failure shall result in ineligibility to hunt at the site the following year) (1, starting October 15) (6)
Goode's Woods State Nature Preserve (an antlerless deer must be taken on the site before an antlered deer is harvested; harvest reports are due to the site by January 31; failure to submit report shall result in the loss of hunting privileges at the site for the following year) (1)
* Horseshoe Lake State Park (Madison County) (hunting in designated areas only; an antlerless deer must be taken on the site before an antlered deer is
ILLINOIS REGISTER 11551 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
harvested; harvest reports are due to the site by January 31; failure to submit report shall result in the loss of hunting privileges at the site for the following year) (1)
Pere Marquette State Park (hunting allowed in group camping areas only; season begins the first weekday after camps close)
* Zoeller State Natural Area (1) (6) j) State regulations shall apply except that hunters must obtain a free permit from the site office. This permit must be in possession while hunting and must be returned, and harvest reported, to the address indicated on the card before February 15. Failure to return the permit shall result in loss of hunting privileges at that site for the following year.
* Horseshoe Lake State Park (Madison County – Gaberet, Mosenthein and Chouteau Island Units) k) Statewide regulations shall apply except that no hunting is permitted on days that the site is open to permit pheasant season.
Chain O'Lakes State Park (season opens Monday prior to opening of permit pheasant hunting season and closes before the controlled pheasant clean up hunt; season reopens on December 26 through close of regular season) (3) (6)
Iroquois County State Conservation Area (permit pheasant hunting units are closed to archery hunting on days the site is open to permit pheasant hunting; archery hunting is open under statewide regulations in non-permit pheasant hunting units) (6)
Wayne Fitzgerrell State Recreation Area (no bowhunting during controlled hunts as posted at the site) (2) l) Statewide regulations shall apply at the following sites except that nonresident hunter quotas shall be filled by lotterymail-in drawing, using either mail-in paper applications or online (electronic) applications. Information about specific drawing dates and application procedures will be publicly announced. Successful applicants will be issued a free permit from the site office. This permit must be in
ILLINOIS REGISTER 11552 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
possession while hunting and must be returned and harvest reported to the address indicated on the card before February 15. Failure to return the permit shall result in loss of hunting privileges at that site for the following year.
Jim Edgar Panther Creek State Fish and Wildlife Area (Open Unit and West Open Unit closed to archery hunting during the Youth Deer Season) (1) (4) (6)
* Sangchris Lake State Park (site will be closed to archery deer hunting during the second firearm deer season) (1) (4) (6) m) Statewide regulations shall apply at this site except that hunter quotas for specific periods shall be filled by lotterymail-in drawing, using either mail-in paper applications or online (electronic) applications. Only Illinois residents are eligible to apply. Information about drawing dates and application procedures will be publicly announced.
Hennepin Canal State Trail (hunters must stay in their designated zone; an antlerless deer must be taken on the site before an antlered deer may be taken) (1) (6)
Illinois Beach State Park, North Dunes Nature Preserve and Illinois Beach Nature Preserve (hunting assigned for one week periods; site-issued windshield card must be displayed while hunting; harvest report due to site by February 1, failure to report shall result in ineligibility to hunt at the site the following year)
James Pate Philip State Park and Heron Woods State Habitat Area
Kickapoo State Recreation Area – Mentored Hunt (limited to designated portions of the recreation area otherwise closed to archery deer hunting; beginning the Monday following muzzleloader season; only applicants with less than 3 years of deer hunting experience may apply; hunter quotas will be filled equally with adult and youth hunters; participating hunters must be accompanied by a non-hunting, validly licensed (Illinois hunting license) adult who is 21 years of age or older; hunting assigned for one- week periods; site-issued windshield card must be displayed while hunting) (6)
ILLINOIS REGISTER 11553 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Moraine Hills State Park
Volo Bog State Natural Area n) Violations of site specific regulations are petty offenses (see 520 ILCS 5/2.20).
(Source: Amended at 44 Ill. Reg. 11534, effective June 29, 2020)
ILLINOIS REGISTER 11554 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Special White-Tailed Deer Season for Disease Control
2) Code Citation: 17 Ill. Adm. Code 675
3) Section Numbers: Adopted Actions: 675.20 Amendment 675.30 Amendment
4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26 and 3.36 of the Wildlife Code [520 ILCS 5].
5) Effective Date of Rules: June 29, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.
9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5660, April 3, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: None
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.
13) Will this rulemaking replace an emergency rule currently in effect? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This Part has been amended to make statewide program changes.
16) Information and questions regarding these adopted rules shall be directed to:
ILLINOIS REGISTER 11555 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271
217/782-1809
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 11556 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 675 SPECIAL WHITE-TAILED DEER SEASON FOR DISEASE CONTROL
Section 675.10 Chronic Wasting Disease (CWD) Season 675.20 CWD Deer Permit Requirements 675.30 Weapon Requirements for CWD Deer Hunting Season 675.40 CWD Deer Hunting Rules 675.50 Reporting Harvest 675.60 Rejection of Application/Revocation of Permits 675.70 Regulations at Various Department-Owned or -Managed Sites
AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26 and 3.36 of the Wildlife Code [520 ILCS 5].
SOURCE: Adopted at 29 Ill. Reg. 20454, effective December 2, 2005; amended at 31 Ill. Reg. 1874, effective January 5, 2007; amended at 31 Ill. Reg. 14822, effective October 18, 2007; amended at 32 Ill. Reg. 19731, effective December 4, 2008; amended at 33 Ill. Reg. 11593, effective July 27, 2009; amended at 35 Ill. Reg. 20583, effective December 9, 2011; amended at 37 Ill. Reg. 14960, effective August 30, 2013; amended at 39 Ill. Reg. 10928, effective July 27, 2015; amended at 40 Ill. Reg. 10603, effective July 20, 2016; amended at 42 Ill. Reg. 13140, effective June 22, 2018; amended at 44 Ill. Reg. 11554, effective June 29, 2020.
Section 675.20 CWD Deer Permit Requirements
a) Hunters must have an unfilled deer permit valid for the previous firearm, muzzleloader or youth deer season and valid for one of the open counties (see Section 675.10(b)) or a valid CWD Season Deer Permit. A CWD Season Deer Permit is issued for one county or special hunt area and is valid only in the county or special hunt area stated on the permit. Unfilled firearm, muzzleloader or Youth Deer Hunt Permitsyouth deer permits are valid only for the county for which they were originally issued, except that Youth Deer Hunt Permits issued as part of the statewide youth-only deer hunting season Pilot Program, as described in 17 Ill. Adm. Code 685.20, are valid for all of the open counties and unfilled landowner property-only hunting firearm deer permits are valid only for the farmlands the
ILLINOIS REGISTER 11557 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
person to whom it was issued owns, leases, or rents within the open counties/portions of counties.
1) Unfilled firearm, muzzleloader or Youth Deer Hunt Permitsyouth deer permits that were originally issued for special hunt areas are not valid during the CWD Season unless:
A) the hunter's name is redrawn at the daily site lottery to hunt at the same special hunt area during the CWD Season; or
B) the special hunt area is open to persons with a county permit and the special hunt area does not conduct a daily site lottery.
2) Sites conducting a daily site lottery will be announced publicly. b) CWD Season Deer Permits are available over-the-counter (OTC) from participating license vendors for a fee of $5. These permits shall be antlerless- only. c) For a Special Hunt Area CWD Season Deer Permit, resident hunters may apply online at www.dnr.illinois.gov for a site-specific permit valid for one of the Department's Special Hunt Areas. The application period begins the last Tuesday in October and ends the fourth Monday in November. Permits will be allocated via a lottery drawing. The fee for this permit is $17.50. These permits shall be antlerless-only. d) Hunters purchasing CWD Season Deer Permits must supply all necessary applicant information to the license vendor in order to properly complete the permit. e) Permits are not transferable. Refunds will not be granted unless the Department has erroneously issued the permit. f) A $3 service fee will be charged for replacement permits. Monies derived from this source shall be deposited in the Wildlife and Fish Fund. g) Recipients of the CWD Season Deer Hunting Permit shall record their signature on the permit and must carry it on their person while hunting.
ILLINOIS REGISTER 11558 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
h) Hunting without a valid permit is a Class B misdemeanor (see 520 ILCS 5/2.24).
(Source: Amended at 44 Ill. Reg. 11554, effective June 29, 2020)
Section 675.30 Weapon Requirements for CWD Deer Hunting Season
a) The only legal weapons to take, or attempt to take, deer are shotguns, muzzleloading rifles, and handguns and their respective ammunitions as prescribed by 17 Ill. Adm. Code 650.30.
b) Hunters with valid, unused permits from the previous firearm, muzzleloader or youth seasons may use only the legal firearms, as described in subsection (a),weapons allowed by that permit in those respective seasons. Hunters with a valid CWD Season Deer Permit may use any of the weapons described in subsection (a).
c) It shall be unlawful to use or possess any firearm or ammunition other than allowed by subsection (a) in the field while hunting white-tailed deer during the CWD Deer Hunting Season. However, the lawful possession of firearms to take furbearing mammals and game mammals other than deer by persons other than deer hunters shall not be prohibited during the CWD Deer Hunting Season as set in Section 675.10. Violation is a Class B misdemeanor (see 520 ILCS 5/2.24).
(Source: Amended at 44 Ill. Reg. 11554, effective June 29, 2020)
ILLINOIS REGISTER 11559 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: Late-Winter Deer Hunting Season
2) Code Citation: 17 Ill. Adm. Code 680
3) Section Number: Adopted Action: 680.20 Amendment
4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26 and 3.36 of the Wildlife Code [520 ILCS 5].
5) Effective Date of Rule: June 29, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rule, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.
9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5665, April 3, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: None
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.
13) Will this rulemaking replace an emergency rule currently in effect? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This Part has been amended to add language regarding unfilled Youth Deer Hunt Permits; allows their use in any of the open counties.
16) Information and questions regarding this adopted rule shall be directed to:
John Heidinger, Legal Counsel
ILLINOIS REGISTER 11560 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271
217/782-1809
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER 11561 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 680 LATE-WINTER DEER HUNTING SEASON
Section 680.10 Statewide Season 680.20 Statewide Deer Permit Requirements 680.25 Deer Permit Requirements – Free Landowner/Tenant Permits (Repealed) 680.30 Deer Permit Requirements – Group Hunt (Repealed) 680.40 Statewide Firearm Requirements for Late-Winter Deer Hunting 680.50 Statewide Deer Hunting Rules 680.60 Reporting Harvest 680.70 Rejection of Application/Revocation of Permits 680.80 Regulations at Various Department-Owned or -Managed Sites
AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26 and 3.36 of the Wildlife Code [520 ILCS 5].
SOURCE: Adopted at 15 Ill. Reg. 13353, effective September 3, 1991; amended at 16 Ill. Reg. 15446, effective September 28, 1992; amended at 17 Ill. Reg. 18810, effective October 19, 1993; amended at 18 Ill. Reg. 15739, effective October 18, 1994; amended at 19 Ill. Reg. 15422, effective October 26, 1995; amended at 20 Ill. Reg. 10906, effective August 5, 1996; amended at 21 Ill. Reg. 9128, effective June 26, 1997; amended at 22 Ill. Reg. 14875, effective August 3, 1998; amended at 24 Ill. Reg. 8975, effective June 19, 2000; amended at 26 Ill. Reg. 13820, effective September 5, 2002; emergency amendment at 28 Ill. Reg. 1032, effective January 6, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 2197, effective January 26, 2004; amended at 28 Ill. Reg. 15503, effective November 19, 2004; amended at 29 Ill. Reg. 20462, effective December 2, 2005; amended at 30 Ill. Reg. 14508, effective August 24, 2006; amended at 31 Ill. Reg. 13180, effective August 30, 2007; amended at 32 Ill. Reg. 19736, effective December 3, 2008; amended at 33 Ill. Reg. 11601, effective July 27, 2009; amended at 34 Ill. Reg. 16518, effective October 8, 2010; amended at 35 Ill. Reg. 15242, effective September 2, 2011; amended at 37 Ill. Reg. 14967, effective August 30, 2013; amended at 40 Ill. Reg. 10607, effective July 20, 2016; amended at 42 Ill. Reg. 13144, effective June 22, 2018; amended at 44 Ill. Reg. 11559, effective June 29, 2020.
Section 680.20 Statewide Deer Permit Requirements
ILLINOIS REGISTER 11562 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
a) Illinois resident hunters must have an unfilled deer permit valid for the previous firearm, muzzleloader or youth deer season and valid for one of the open counties or a valid Late-Winter Deer Season permit ($17.50). Nonresident hunters must have an unfilled deer permit valid for the previous firearm, muzzleloader or youth deer season and valid for one of the open counties. A Late-Winter Deer Season Permit is issued for one county or special hunt area and is valid only in the county or special hunt area stated on the permit. Unfilled firearm, muzzleloader or Youth Deer Hunt Permitsyouth deer permits are valid only for the county for which they were originally issued, except that Youth Deer Hunt Permits issued as part of the statewide youth-only deer hunting season Pilot Program, as described in 17 Ill. Adm. Code 685.20, are valid for all of the open counties and unfilled landowner property-only hunting firearm deer permits are valid only for the farmlands that the person to whom it was issued owns, leases, or rents within the open counties/portions of counties.
1) Unfilled firearm, muzzleloader or Youth Deer Hunt Permitsyouth deer permits that were originally issued for special hunt areas are not valid during the Late-Winter Season unless:
A) the hunter's name is redrawn at the daily site lottery to hunt at the same special hunt area during the Late-Winter Season; or
B) the special hunt area is open to persons with a county permit and the special hunt area does not conduct a daily site lottery.
2) Sites conducting a daily site lottery will be announced publicly. b) Resident Late-Winter Deer Permits will be available for sale over-the-counter (OTC) from agents designated by the Department (pursuant to 17 Ill. Adm. Code 2520) beginning the second Tuesday in December through the last day of the Late-Winter Deer Season. There shall be no limitation on permit sales; resident hunters may purchase as many permits as they wish for any or all of the included counties. c) For a Special Hunt Area permit, resident hunters may apply online at www.dnr.illinois.gov for a site-specific permit valid for one of the Department's Special Hunt Areas. The application period begins the last Tuesday in October and ends the fourth Monday in November. Permits will be allocated via a lottery
ILLINOIS REGISTER 11563 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
drawing. d) For the applicant to be eligible to receive a Late-Winter Deer Permit ($17.50), he/she must be an Illinois resident and not have had his/her deer hunting privileges suspended or revoked in this State pursuant to Section 3.36 of the Wildlife Code [520 ILCS 5/3.36]. Lifetime licenses issued after August 15, 2006 shall not qualify a non-resident of Illinois for a resident deer permit. e) Hunters purchasing Late-Winter Deer Permits must supply all necessary application information to the agents in order to properly complete the permit. f) Recipients of the Late-Winter Deer Hunting Permit shall record their signature on the permit and must carry it on their person while hunting. g) Permits are not transferable. Refunds shall not be granted unless the Department has erroneously issued the permit. h) A $3 service fee shall be charged for replacement permits. Monies derived from this source shall be deposited in the Wildlife and Fish Fund. i) Hunting without a valid permit is a Class B misdemeanor (see 520 ILCS 5/2.24).
(Source: Amended at 44 Ill. Reg. 11559, effective June 29, 2020)
ILLINOIS REGISTER 11564 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Youth Hunting Seasons
2) Code Citation: 17 Ill. Adm. Code 685
3) Section Numbers: Adopted Actions: 685.10 Amendment 685.20 Amendment 685.70 Amendment 685.110 Amendment
4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 2.24, 2.25, 2.26 and 3.36 of the Wildlife Code [520 ILCS 5].
5) Effective Date of Rules: June 29, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.
9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 5670, April 3, 2020
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: None
12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.
13) Will this rulemaking replace an emergency rule currently in effect? No
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This Part has been amended to change the end date of the statewide youth deer season and under a pilot program, to allow Youth Deer Hunt Permits to be used in any open county of the State where permission to hunt has
ILLINOIS REGISTER 11565 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
been obtained. This pilot program will be evaluated after January 1, 2023 per PA 101- 444
16) Information and questions regarding these adopted rules shall be directed to:
John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271
217/782-1809
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 11566 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 685 YOUTH HUNTING SEASONS
Section 685.10 Statewide Season for White-Tailed Deer Hunting 685.20 Statewide Deer Permit Requirements 685.30 Statewide Firearm Requirements for Hunting the Youth Deer Season 685.40 Statewide Deer Hunting Rules 685.50 Reporting Harvest of Deer 685.60 Rejection of Application/Revocation of Deer Permits 685.70 Regulations at Various Department-Owned or -Managed Sites 685.80 Youth White-Tailed Deer Hunt (Repealed) 685.90 Heritage Youth Wild Turkey Hunt – Spring Season (Repealed) 685.100 Youth Pheasant Hunting (Repealed) 685.110 Youth Waterfowl Hunting 685.120 Youth Dove Hunting (Repealed)
AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 2.24, 2.25, 2.26 and 3.36 of the Wildlife Code [520 ILCS 5].
SOURCE: Adopted at 20 Ill. Reg. 12452, effective August 30, 1996; amended at 21 Ill. Reg. 14548, effective October 24, 1997; amended at 25 Ill. Reg. 6904, effective May 21, 2001; amended at 26 Ill. Reg. 4418, effective March 11, 2002; amended at 26 Ill. Reg. 13828, effective September 5, 2002; amended at 27 Ill. Reg. 14332, effective August 25, 2003; amended at 29 Ill. Reg. 20469, effective December 2, 2005; amended at 30 Ill. Reg. 12222, effective June 28, 2006; emergency amendment at 31 Ill. Reg. 12096, effective August 1, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 14829, effective October 18, 2007; amended at 32 Ill. Reg. 10115, effective June 30, 2008; amended at 33 Ill. Reg. 11609, effective July 27, 2009; amended at 34 Ill. Reg. 4863, effective March 19, 2010; amended at 35 Ill. Reg. 13228, effective July 26, 2011; amended at 37 Ill. Reg. 19277, effective November 14, 2013; amended at 38 Ill. Reg. 22772, effective November 18, 2014; amended at 39 Ill. Reg. 10932, effective July 27, 2015; amended at 39 Ill. Reg. 14574, effective October 20, 2015; amended at 40 Ill. Reg. 10612, effective July 20, 2016; amended at 41 Ill. Reg. 8707, effective June 28, 2017; amended at 42 Ill. Reg. 13150, effective June 22, 2018; amended at 43 Ill. Reg. 9559, effective August 23, 2019; amended at 44 Ill. Reg. 11564, effective June 29, 2020.
ILLINOIS REGISTER 11567 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Section 685.10 Statewide Season for White-Tailed Deer Hunting
a) Season: One-half hour before sunrise on Saturday of the State designated Columbus Day Holiday weekend to ½ hour after sunset on the Monday immediately followingSunday of that weekend. Shooting hours are ½ hour before sunrise to ½ hour after sunset. A hunter with an unfilled, valid Youth Deer Permit may also hunt during the first firearm deer season (the 3-day weekend (Friday, Saturday and Sunday) immediately before Thanksgiving), subject to the following restrictions:
1) Unfilled Youth Deer Permits are not valid for hunting during the first firearm deer season on public land sites that limit the number of hunters during the firearm season via the use of a site permit quota (i.e., only public sites that allow unrestricted access may be hunted);
2) the hunter must use only firearms allowed in Section 685.30; and
3) hunters must abide by Section 650.60 when hunting on Department-owned or -managed sites.
b) Open Counties: All counties except Cook, DuPage and Lake Counties, and that portion of Kane County east of State Route 47.
c) Hunting outside the set season dates is a Class B misdemeanor (see 520 ILCS 5/2.24); and hunting prior to ½ hour before sunrise or after ½ hour after sunset is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).
(Source: Amended at 44 Ill. Reg. 11564, effective June 29, 2020)
Section 685.20 Statewide Deer Permit Requirements
a) All eligible youth hunters must have a current, valid "Youth Deer Hunt Permit" ($10). The Youth Deer Season is only open to hunters who have not reached their 18th birthday prior to the opening date of the season. Hunters must have an apprentice or youth hunting license, or they must have completed a State- approved Hunter Education course and have a hunting license, unless exempt. Pursuant to the statewide youth-only deer hunting season Pilot Program created in
ILLINOIS REGISTER 11568 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Section 2.26 of the Wildlife Code [520 ILCS 5], the following will apply to all Youth Deer Hunt Permits beginning with the 2020 Youth Deer Season:A permit is issued for one county or special hunt area and is valid only in the county or special hunt area stated on the permit.
1) Youth Deer Hunt Permits will authorize the holder to hunt in any of the open counties of the State, on property where permission to hunt has been obtained from the property owner.
2) On or after January 1, 2023, the Department may analyze the effects of the Pilot Program on the Youth Deer Season, including its effects on hunter participation, hunter satisfaction, hunter distribution and deer harvest.
3) If the Department finds, after thorough analysis, negative impacts to wildlife management associated with the Pilot Program, the Department may amend this Part to prohibit the statewide use of Youth Deer Hunt Permits and resume issuance of county-specific permits.
b) Youth Deer Hunt Permits will be available for sale over-the counter (OTC) from agents beginning the first Tuesday in August through the last day of the Youth Deer Season. Hunters may purchase only a single permit (either-sex) for one of the included counties.
c) For the applicant to be eligible to receive a Youth Deer Season Permit ($10), applicant must not have had his or her deer hunting privileges suspended or revoked in this State pursuant to Section 3.36 of the Wildlife Code [520 ILCS 5/3.36].
d) Recipients of the Youth Deer Season Hunt Permit shall record their signature on the permit and must carry it on their person while hunting.
e) Permits are not transferable. Refunds shall not be granted unless the Department has erroneously issued the permit.
f) A $3 service fee shall be charged for replacement permits issued by the Department, except when permits are lost in the mail there will be no charge. Monies derived from this source will be deposited in the Wildlife and Fish Fund. g) Permits issued for the Youth Deer Hunt season will not be counted in the number
ILLINOIS REGISTER 11569 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
of gun permits a person can receive for the Firearm and Muzzleloader-Only Deer Season.
h) Hunting without a valid permit is a Class B misdemeanor (see 520 ILCS 5/2.24).
(Source: Amended at 44 Ill. Reg. 11564, effective June 29, 2020)
Section 685.70 Regulations at Various Department-Owned or -Managed Sites
a) All the regulations in 17 Ill. Adm. Code 510 apply in this Section, unless this Section is more restrictive.
b) Check-in, check-out, and reporting of harvest is required at those sites listed in this Section that are followed by a (1). Sites that require use of windshield cards by hunters, as specified in 17 Ill. Adm. Code 510.10, are followed by a (2).
c) Statewide regulations shall apply at the following sites:
Apple River Canyon State Park (Salem/Thompson Units only) (2)
Big River State Forest (2)
Burning Star State Fish and Wildlife Area (2)
Cache River State Natural Area (1)
Campbell Pond State Habitat Area (2)
Cape Bend State Fish and Wildlife Area (1)
Carlyle Lake State Fish and Wildlife Area (2)
Cedar Glen State Natural Area (2)
Chauncey Marsh State Natural Area (2)
Copperhead Hollow State Fish and Wildlife Area (2)
Crawford County State Fish and Wildlife Area (1)
ILLINOIS REGISTER 11570 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Cypress Pond State Natural Area (1)
Deer Pond State Natural Area (1)
Devil's Island State Wildlife Management Area
Dixon Springs State Park (2)
Dog Island State Wildlife Management Area (2)
Eldon Hazlet State Park (North Allen Branch Unit only) (2)
Eagles Landing (operated as part of the hunt at the Upper Mississippi River National Wildlife Refuge – Lost Mound Unit; a special permit from USFWS is required; contact the refuge for specific hunt details)
Ferne Clyffe State Park (Cedar/Draper Units only) (1)
Fort Massac State Park (2)
Fox Ridge State Park (2)
Giant City State Park (1)
Glass Hill State Natural Area (1)
Green River State Wildlife Area (2)
Hanover Bluff State Natural Area (2)
Hidden Springs State Forest (2)
Horseshoe Lake State Fish and Wildlife Area – Alexander County (1)
Kaskaskia River State Fish and Wildlife Area (1 – except south of Highway 154 and north of Highway 13)
Kinkaid Lake State Fish and Wildlife Area (1)
ILLINOIS REGISTER 11571 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Mackinaw State Fish and Wildlife Area (2)
Marshall State Fish and Wildlife Area (2)
Meeker State Habitat Area (2)
Mermet Lake State Fish and Wildlife Area (2)
Mississippi River Pools 17, 18
Mississippi River Pools 21, 22, 24
Mississippi River State Fish and Wildlife Area
Newton Lake State Fish and Wildlife Area (2)
Oakford Conservation Area
Pere Marquette State Park (2)
Pyramid State Recreation Area (East Conant, Galum, and Old Park Units only) (2)
Rall Woods State Natural Area (2)
Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (2)
Ray Norbut State Fish and Wildlife Area (2)
Rend Lake State Fish and Wildlife Area
Saline County State Fish and Wildlife Area (2)
Sand Ridge State Forest (2)
Seilbeck Forest State Natural Area (2)
Shelbyville State Fish and Wildlife Area (2)
ILLINOIS REGISTER 11572 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Siloam Springs State Park (2)
Skinner Farm State Habitat Area (1)
Spoon River State Forest (2)
Stewardship Park (operated as part of the hunt at the Upper Mississippi River National Wildlife Refuge – Lost Mound Unit; a special permit from USFWS is required; contact the refuge for specific hunt details)
Tapley Woods State Natural Area (2)
Ten Mile Creek State Fish and Wildlife Area (2)
Trail of Tears State Forest (1)
Turkey Bluffs State Fish and Wildlife Area (1)
Union County State Fish and Wildlife Area (1)
Wards Grove State Nature Preserve (2)
Weinberg-King State Fish and Wildlife Area, including Scripps and Spunky Bottoms Units (2)
Wildcat Hollow State Habitat Area (2)
Winston Tunnel State Natural Area (2)
Wise Ridge State Natural Area d) Statewide regulations shall apply at the following sites, except that hunter quotas shall be filled by mail-in drawing. Information about drawing dates and application procedures will be publicly announced.
Coffeen Lake State Fish and Wildlife Area (Upland Management Area only) (2)
Iroquois County State Wildlife Area (1)
ILLINOIS REGISTER 11573 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Jim Edgar Panther Creek State Fish and Wildlife Area (2)
Kankakee River State Park (2)
Sangamon County Conservation Area
(Source: Amended at 44 Ill. Reg. 11564, effective June 29, 2020)
Section 685.110 Youth Waterfowl Hunting
a) Permit Requirements
1) Permit reservations shall be accepted starting in September. Initial acceptance dates shall be publicly announced. Applicants must be between the ages of 10-17 inclusive on the date of the hunt.
2) Only one permit per person shall be issued for the hunt on December 28 at Horseshoe Lake State Fish and Wildlife Area (Alexander County) and Union County State Fish and Wildlife Area and on the second Sunday in November of the Illinois Central Zone Waterfowl season at Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit.
3) The permit shall be for the use of the entire blind and it shall be the responsibility of the permit holder to bring one supervising adult who may also hunt. The supervising adult shall be criminally liable for the actions of the youth in the hunting party, and be subject to the criminal penalties provided by law. Each youth and supervising adult may be accompanied by a non-hunting guide. The maximum number of people in a blind is 2 hunting youth, 2 hunting adults and a non-hunting guide.
4) Permit Reservations and Transferability
A) All duplicate permit reservations shall be rejected and the hunter shall forfeit his or her rights to a permit. Permits are not transferable. Previous participants are ineligible to apply for a permit.
B) For other information write to:
ILLINOIS REGISTER 11574 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Illinois Department of Natural Resources Youth Waterfowl Hunt One Natural Resources Way P.O. Box 19457 Springfield IL 62794-9457
5) Permits for the Illinois Youth Waterfowl Hunt will be issued from the Springfield Permit Office. b) General Waterfowl Hunting Regulations at the Youth Waterfowl Hunting Areas
1) Hours, Permits and Stamp Charges
A) Hunting hours at Horseshoe Lake State Conservation Area (Alexander County) and Union County are from legal opening until 12:00 Noon on the day of the Youth Waterfowl Hunt. Hunting hours at Banner Marsh State Fish and Wildlife Area, Clinton Lake State Recreation Area, Donnelley State Fish and Wildlife Area, Larry D. Closson State Habitat Area, Marshall State Fish and Wildlife Area – Duck Ranch Unit and Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit are from statewide opening to 1:00 p.m. on the days of the youth waterfowl hunts.
B) At Banner Marsh State Fish and Wildlife Area, Union County State Fish and Wildlife Area and Horseshoe Lake State Fish and Wildlife Area (Alexander County), hunters with Illinois Youth Waterfowl Hunt Permit reservations are required to check in at the check station between 4:30 a.m. and 5:00 a.m. Permits are void after 5:00 a.m. A drawing shall be held on the morning of the hunt to allocate blind sites.
C) At Donnelley State Fish and Wildlife Area, the first weekend (Saturday and Sunday) and the third weekend (Saturday and Sunday) of the duck season for the zone the site is located in shall be designated as Youth Hunt days open to hunters 10-17 years old. Youth hunters must be accompanied by an adult. Blinds not allocated to youth hunters shall be available for adults, except for
ILLINOIS REGISTER 11575 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
the third Sunday, when only permitted hunters are allowed. The blinds will be allocated by drawing the day of the hunt. Preference will be given to youth hunters who have not been drawn for a previous hunt at the site during the current season.
D) At Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit, hunters with Illinois Youth Waterfowl Permit reservations are required to check-in at the check station no later than one hour before legal shooting time, after which time permits are void. A drawing shall be held on the morning of the hunt to allocate blind sites.
E) Larry D. Closson State Habitat Area will be open during the Central Zone Youth Waterfowl Hunting days. Only one party per day will be assigned to this site, consisting of the Youth Waterfowl Hunting Permit holder, up to 3 additional youth hunters, and up to 2 non-hunting adult chaperones. This site does not have any permanent blind structures. Hunters may construct temporary blinds that must be removed at the end of each day's hunt.
F) At Marshall State Fish and Wildlife Area – Duck Ranch Unit, hunters with Illinois Youth Waterfowl Permit reservations are required to check in at the check station no later than one hour before legal shooting time, after which time permits are void. A drawing shall be held on the morning of the hunt to allocate blind sites. A standby drawing will be held immediately after the permit drawing for any unclaimed blinds by permit holders.
G) Black Crown Marsh State Natural Area will be open during the Northern Zone Youth Waterfowl Hunting season. Walk-in hunting only. A hunting party will consist of the Youth Waterfowl Hunting Permit holder, up to 3 additional youth hunters, and up to 2 non-hunting adult chaperones. This site does not have any permanent blind structures. Hunters may construct temporary blinds that must be removed at the end of each day's hunt. Hunting hours are from legal opening until 1:00 p.m. Hunters must be off the site by 2:00 p.m. Sign-in/sign-out and report harvest at parking area kiosk.
ILLINOIS REGISTER 11576 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
H) There is no fee for the Illinois Youth Waterfowl Hunting Permit.
2) Hunting must be done from assigned blinds only and hunters, unless authorized, shall not move from blind to blind or leave the blind and return.
3) Shotguns must be unloaded and encased at all times when not hunting.
4) At Union County State Fish and Wildlife Area and Horseshoe Lake State Fish and Wildlife Area (Alexander County), each youth shall not possess more than 25 shells. Each adult shall not possess more than 5 shells for each Canada goose allowed in the daily bag. Hunters without their guns may leave the blind to retrieve crippled waterfowl.
5) At Rend Lake State Fish and Wildlife Area, hunters participating in the youth hunt must sign in and out, no entry into subimpoundments before 4:30 a.m. and must be out of subimpoundments by 2:00 p.m. A drawing will be held at 4:00 a.m. each day of the youth hunt for hunters wanting to hunt the Casey Fork impoundment. Drawing will be held at the Cottonwood Access Area. Airboats are not allowed in Casey Fork subimpoundment, Big Muddy subimpoundment, and the impoundments on Corps of Engineers managed areas during youth waterfowl season. c) Special Hunts If, by regulation published in the Federal Register, the U.S. Fish and Wildlife Service sets any special dates for youth-only waterfowl hunting, the Department shall, by public announcement, open those Department sites that, under the circumstances prevailing at the time, the Department believes may be opened without unduly disturbing other Department programs. Open sites that require the use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 will be noted in the public announcement. d) Violations of this Section are Class B misdemeanors (see 520 ILCS 5/2.18), except that hunting prior to ½ hour before sunrise is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).
(Source: Amended at 44 Ill. Reg. 11564, effective June 29, 2020)
ILLINOIS REGISTER 11577 20 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
1) Heading of the Part: Licensing Standards for Day Care Centers
2) Code Citation: 89 Ill. Adm. Code 407
3) Section Number: Emergency Action: 407.605 Amendment
4) Statutory Authority: 225 ILCS 10
5) Effective Date of Emergency Rule: June 24, 2020
6) If this emergency amendment is to expire before the end of the 150-day period, please specify the date on which they are to expire: None
7) Date Filed with the Index Department: June 24, 2020
8) A copy of the adopted emergency amendment, including any material incorporated by reference, is on file in the Agency’s principal office and is available for public inspection.
9) Reason for Emergency: Pursuant to the Restore Illinois Plan and the Joint Committee on Administrative Rules meeting on June 16, 2020, the Department accepted guidance to revise the Licensed Standards for Day Care Centers rules. These emergency amendments include two provisions that must be amended to the Emergency Rules that will allow the use of staffing that was not previously supported in 89 IAC 407.
10) A Complete Description of the Subjects and Issues Involved: The changes establish standards for all day care centers reopening to full capacity under the Phase III and Phase IV of Restore Illinois.
11) Are there any other rulemakings pending to this Part? Yes
Sections Numbers: Proposed Actions: Illinois Register Citations: 407.45 Amendment 43 Ill. Reg. 10634; September 27, 2019 407.250 Amendment 43 Ill. Reg. 10634; September 27, 2019 407.270 Amendment 43 Ill. Reg. 10634; September 27, 2019 407.500 New Section 44 Ill. Reg. 5542; April 3, 2020 407.505 New Section 44 Ill. Reg. 5542; April 3, 2020 407.510 New Section 44 Ill. Reg. 5542; April 3, 2020 407.515 New Section 44 Ill. Reg. 5542; April 3, 2020
ILLINOIS REGISTER 11578 20 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
407.520 New Section 44 Ill. Reg. 5542; April 3, 2020 407.525 New Section 44 Ill. Reg. 5542; April 3, 2020 407.600 New Section 44 Ill. Reg. 10055; June 12, 2020 407.605 New Section 44 Ill. Reg. 10055; June 12, 2020 407.610 New Section 44 Ill. Reg. 10055; June 12, 2020
12) Statement of Statewide Policy Objective: This amendment does not create or expand a State mandate.
13) Information and questions regarding this emergency rule shall be directed to:
Jeff Osowski Office of Child and Family Policy Department of Children and Family Services 406 E. Monroe, Station #65 Springfield IL 62701-1498
217/524-1983 TDD: 217/524-3715 [email protected]
The full text of the Emergency Amendment to Emergency Rule begins on the next page:
ILLINOIS REGISTER 11579 20 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER e: REQUIREMENTS FOR LICENSURE
PART 407 LICENSING STANDARDS FOR DAY CARE CENTERS
Section 407.1 Purpose (Repealed) 407.2 Definitions (Repealed) 407.3 Effective Date of Standards (Repealed) 407.4 Application for License (Repealed) 407.5 Application for Renewal of License (Repealed) 407.6 Provisions Pertaining to the License (Repealed) 407.7 Provisions Pertaining to Permits (Repealed) 407.8 Organization and Administration (Repealed) 407.9 Finances (Repealed) 407.10 General Requirements for Personnel (Repealed) 407.11 Child Care Director (Repealed) 407.12 Child Care Workers and Group Workers (Repealed) 407.13 Child Care Assistants (Repealed) 407.14 Use of Students (Repealed) 407.15 Service Staff (Repealed) 407.16 Substitutes and Volunteers (Repealed) 407.17 Background Inquiry (Repealed) 407.18 Admission and Discharge Procedures (Repealed) 407.19 Discipline (Repealed) 407.20 Personal Care and Hygiene (Repealed) 407.21 Program (Repealed) 407.22 Equipment and Materials (Repealed) 407.23 Grouping and Staffing (Repealed) 407.24 Nutrition (Repealed) 407.25 Night Care (Repealed) 407.26 Children with Special Needs (Repealed) 407.27 Infants and Toddlers (Repealed) 407.28 School-Age Children (Repealed) 407.29 Health Requirements for Children (Repealed) 407.30 Transportation (Repealed) 407.31 Plant and Equipment (Repealed)
ILLINOIS REGISTER 11580 20 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
407.32 Records and Reports (Repealed) 407.33 Confidentiality of Records and Information (Repealed) 407.34 Records Retention (Repealed) 407.35 Severability of This Part (Renumbered)
SUBPART A: INTRODUCTION, DEFINITIONS, AND APPLICABILITY
Section 407.40 Purpose and Applicability 407.45 Definitions
SUBPART B: PERMITS AND LICENSES
Section 407.50 Application for License 407.55 Application for Renewal of License 407.60 Provisions Pertaining to the License 407.65 Provisions Pertaining to Permits
SUBPART C: ADMINISTRATION
Section 407.70 Organization and Administration 407.80 Confidentiality of Records and Information
SUBPART D: STAFFING
Section 407.90 Staffing Structure 407.100 General Requirements for Personnel 407.110 Background Checks for Personnel 407.120 Personnel Records 407.130 Qualifications for Child Care Director 407.140 Qualifications for Early Childhood Teachers and School-age Workers 407.150 Qualifications for Early Childhood Assistants and School-age Worker Assistants 407.160 Students and Youth Aides 407.170 Substitutes 407.180 Volunteers 407.190 Grouping and Staffing
ILLINOIS REGISTER 11581 20 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
SUBPART E: PROGRAM REQUIREMENTS
Section 407.200 Program Requirements for All Ages 407.210 Special Requirements for Infants and Toddlers 407.220 Special Requirements for School-Age Children 407.230 Intergenerational Programs 407.240 Evening, Night, Weekend and Holiday Care
SUBPART F: STRUCTURE AND SAFETY
Section 407.250 Enrollment and Discharge Procedures 407.260 Daily Arrival and Departure of Children 407.270 Guidance and Discipline 407.280 Transportation 407.290 Swimming and Wading 407.300 Animals
SUBPART G: HEALTH AND HYGIENE
Section 407.310 Health Requirements for Children 407.320 Hand Washing 407.330 Nutrition and Meal Service 407.340 Diapering and Toileting Procedures 407.350 Napping and Sleeping 407.360 Medications
SUBPART H: FACILITY AND EQUIPMENT
Section 407.370 Physical Plant/Indoor Space 407.380 Equipment and Materials 407.390 Outdoor Play Area
SUBPART I: SEVERABILITY OF THIS PART
ILLINOIS REGISTER 11582 20 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
Section 407.400 Severability of This Part
SUBPART J: EMERGENCY DAY CARE PROGRAM (EDC)
Section 407.500 Purpose EMERGENCY 407.505 Definitions EMERGENCY 407.510 Application for License for Emergency Day Care Program EMERGENCY 407.515 Compliance with Licensing Standards EMERGENCY 407.520 On Site Visit EMERGENCY 407.525 Approval of Application EMERGENCY
SUBPART K: REOPENING OF DAY CARE CENTERS
Section 407.600 Reopening of Day Care Centers EMERGENCY 407.605 Grouping and Staffing EMERGENCY 407.610 On Site Visit (Repealed) EMERGENCY
407.APPENDIX A Equipment for Infants and Toddlers 407.APPENDIX B Equipment for Preschool Children 407.APPENDIX C Equipment for School-Age Children 407.APPENDIX D Infant Daily Food Requirements 407.APPENDIX E Meal Patterns and Serving Sizes for Child Care Programs 407.APPENDIX F Resource Reference List 407.APPENDIX G Early Childhood Teacher Credentialing Programs 407.APPENDIX H Playground Surfacing and Critical Height
AUTHORITY: Implementing and authorized by the Child Care Act of 1969 [225 ILCS 10] and
ILLINOIS REGISTER 11583 20 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE the Children's Product Safety Act [430 ILCS 125].
SOURCE: Adopted and codified at 7 Ill. Reg. 9215, effective August 15, 1983; amended at 8 Ill. Reg. 8713, effective June 15, 1984; amended at 8 Ill. Reg. 24937, effective January 1, 1985; amended at 16 Ill. Reg. 7597, effective April 30, 1992; emergency amendment at 20 Ill. Reg. 11366, effective August 1, 1996, for a maximum of 150 days; emergency expired December 28, 1996; amended at 21 Ill. Reg. 923, effective January 15, 1997; amended at 22 Ill. Reg. 1728, effective January 1, 1998; amended at 24 Ill. Reg. 17036, effective November 1, 2000; amended at 28 Ill. Reg. 3011, effective February 15, 2004; amended at 29 Ill. Reg. 4502, effective March 15, 2005; amended at 34 Ill. Reg. 4700, effective March 22, 2010; amended at 36 Ill. Reg. 13076, effective August 15, 2012; amended at 38 Ill. Reg. 17293, effective August 1, 2014; emergency amendment at 42 Ill. Reg. 8555, effective May 9, 2018, for a maximum of 150 days; emergency expired October 5, 2018; amended at 43 Ill. Reg. 224, effective January 1, 2019; emergency amendment at 44 Ill. Reg. 5734, effective March 20, 2020, for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 10170, effective May 29, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 11079, effective June 12, 2020, for the remainder of the 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 11577, effective June 24, 2020, for the remainder of the 150 days.
SUBPART K: REOPENING OF DAY CARE CENTERS
Section 407.605 Grouping and Staffing EMERGENCY
During Phases III and IV of Restore Illinois:
a) Children must remain with the same group each day while in care.
b) Groups must not be combined at any time.
c) Required Ratios and Maximum Group Sizes. In order to provide the level of supervision necessary to adhere to the health and safety requirements established by the Illinois Department of Public Health in response to the COVID-19 pandemic, the following staff-to-child ratios must be maintained at all times during the program day.
Ages Staff to Child ratio Maximum Group Size (Children) Infant 1:4 8 Toddler 1:5 12
ILLINOIS REGISTER 11584 20 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
Two 1:8 12 Three 1:10 15 Four 1:10 15 Five 1:15 15 School Age 1:15 15 d) Programs may staff classrooms with a qualified Early Childhood Assistant for up to 3 hours of their program day, provided that this arrangement is documented in a written staffing plan as required by Section 407.90(a). e) Staff qualified to work as Early Childhood Teachers in an Emergency Day Care Center (EDC) under 89 IAC 407 (Emergency, March 20, 2020) and who served in the role from March 20-May 29, 2020 may continue to work as an Early Childhood Teacher through July 31, 2020, provided that they work at the same program which was operating as an EDC and has since reverted to its' normal day care license
(Source: Added by emergency rulemaking at 44 Ill. Reg. 10170, effective May 29, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 11079, effective June 12, 2020, for the remainder of the 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 11577, effective June 24, 2020, for the remainder of the 150 days)
ILLINOIS REGISTER 11585 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
1) Heading of the Part: Merit Commission
2) Code Citation: 80 Ill. Adm. Code 50
3) Section Number: Emergency Action: 50.150 Repealed
4) Statutory Authority: Implementing and authorized by Sections 8-9a of the Secretary of State Merit Employment Code [15 ILCS 310].
5) Effective Date of Emergency Rule being Repealed: March 17, 2020
6) Effective Date of Emergency Repeal of Emergency Rule: June 30, 2020
7) Date Filed with the Index Department: June 29, 2020
8) A copy of the Emergency Repeal of Emergency Rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.
9) Reason for Emergency: As the COVID-19 pandemic evolves, the Secretary of State continues to review its processes and procedures, as well as emergency rules that have been previously filed, to ensure the needs of the agency and the public are best met. Revised emergency rules in accordance with recent PA 101-640 are being filed.
10) Are there any rulemakings to this Part pending? No
11) Information and questions regarding this emergency rule shall be directed to:
Brenda Glahn Senior Legal Advisor 298 Howlett Building Springfield IL 62756
The full text of the Emergency Repeal of Emergency Amendment begins on the next page:
ILLINOIS REGISTER 11586 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE A: MERIT EMPLOYMENT SYSTEMS CHAPTER II: SECRETARY OF STATE MERIT COMMISSION
PART 50 MERIT COMMISSION
Section 50.10 Meetings of the Merit Commission 50.20 Classification Plan 50.30 Personnel Rules 50.40 Jurisdiction B Exemptions 50.50 Orders of Compliance 50.60 Disciplinary Hearings and Demotions 50.70 Geographical Transfers 50.80 Allocation Appeals 50.90 Layoff Appeals 50.100 Personnel Code and Personnel Rule Violations 50.110 Record of Hearings and General Procedural Rules 50.120 Authority of the Hearing Officer 50.130 Authority of Commission Over Hearing Officer 50.140 Administrative Review 50.150 Extension of Hearing Dates (Repealed) EMERGENCY
AUTHORITY: Implementing and authorized by Sections 8-9a of the Secretary of State Merit Employment Code [15 ILCS 310].
SOURCE: Filed September 15, 1977; amended at 7 Ill. Reg. 17496, effective January 1, 1984; amended at 8 Ill. Reg. 1988, effective February 10, 1984; codified at 8 Ill. Reg. 15000; amended at 11 Ill. Reg. 6285, effective April 15, 1987; amended at 35 Ill. Reg. 12801, effective July 14, 2011; amended at 39 Ill. Reg. 436, effective December 18, 2014; emergency amendment at 44 Ill. Reg. 5820, effective March 17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 6630, effective April 9, 2020, for the remainder of the 150 days; emergency amendment effective March 17, 2020, as amended April 9, 2020, repealed at 44 Ill. Reg. 11585, effective June 30, 2020.
Section 50.150 Extension of Hearing Dates (Repealed) EMERGENCY
ILLINOIS REGISTER 11587 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
Pursuant to the powers vested in him by Section 5(7) of the Secretary of State Act, and pursuant to the provisions of Executive Order No. 2020-08, issued on March 17, 2020, the Secretary of State hereby extends for the duration of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, as extended by subsequent disaster proclamations, and for a period of 90 days thereafter, the date for all hearings conducted pursuant to Section 9 of the Secretary of State Merit Employment Code. This extension period may be rescinded by the Secretary of State through the adoption of an emergency rulemaking.
(Source: Added by emergency rulemaking at 44 Ill. Reg. 5820, effective March 17, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule at 44 Ill. Reg. 6630, effective April 9, 2020, for the remainder of the 150 days; repealed by emergency rulemaking at 44 Ill. Reg. 11585, effective June 30, 2020)
ILLINOIS REGISTER 11588 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
1) Heading of the Part: Procedures and Standards
2) Code Citation: 92 Ill. Adm. Code 1001
3) Section Number: Emergency Action: 1001.800 Repealed
4) Statutory Authority: 625 ILCS 5/2-104(b)
5) Effective Date of Emergency Rule: March 17, 2020
6) Effective Date of Emergency Repeal of Emergency Rule: June 30, 2020
7) Date Filed with the Index Department: June 29, 2020
8) A copy of the Emergency Repeal of Emergency Rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.
9) Reason for Emergency: As the COVID-19 pandemic evolves, the Secretary of State continues to review its processes and procedures, as well as emergency rules that have been previously filed, to ensure the needs of the agency and the public are best met. Revised emergency rules in accordance with recent PA 101-640 are being filed.
10) Are there any rulemakings to this Part pending? No
11) Information and questions regarding this emergency rule shall be directed to:
Brenda Glahn Senior Legal Advisor 298 Howlett Building Springfield, IL 62756
The full text of the Emergency Repeal to Emergency Amendment begins on the next page:
ILLINOIS REGISTER 11589 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
TITLE 92: TRANSPORTATION CHAPTER II: SECRETARY OF STATE
PART 1001 PROCEDURES AND STANDARDS
SUBPART A: FORMAL ADMINISTRATIVE HEARINGS
Section 1001.10 Applicability 1001.20 Definitions 1001.30 Right to Counsel 1001.40 Appearance of Attorney 1001.50 Special Appearance 1001.60 Substitution of Parties 1001.70 Commencement of Actions; Notice of Hearing 1001.80 Motions 1001.90 Form of Papers − Original Documents Required 1001.100 Conduct of Formal Hearings 1001.110 Orders; Notification; Time Limits on Obtaining Relief 1001.120 Record of Hearings 1001.130 Invalidity
SUBPART B: ILLINOIS SAFETY RESPONSIBILITY HEARINGS
Section 1001.200 Applicability 1001.210 Definitions 1001.220 Hearings: Notice; Location; Procedures; Record 1001.230 Rules of Evidence 1001.240 Scope of Hearings 1001.250 Decisions and Orders 1001.260 Rehearings 1001.270 Judicial Review 1001.280 Invalidity
SUBPART C: RULES ON THE CONDUCT OF INFORMAL HEARINGS IN DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS
ILLINOIS REGISTER 11590 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
Section 1001.300 Applicability 1001.310 Definitions 1001.320 Right to Representation 1001.330 Record and Reports 1001.340 Location of Hearings 1001.350 Duties and Responsibilities 1001.360 Decisions; Time Limits on Obtaining Relief 1001.370 Invalidity
SUBPART D: STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE
Section 1001.400 Applicability; Statement of Principle and Purpose 1001.410 Definitions 1001.420 General Provisions Relating to the Issuance of Restricted Driving Permits 1001.430 General Provisions for Reinstatement of Driving Privileges after Revocation 1001.440 Provisions for Alcohol and Drug Related Revocations, Suspensions, and Cancellations 1001.441 Procedures for Breath Alcohol Ignition Interlock Device Conditioned RDPs 1001.442 BAIID Provider Certification Procedures and Responsibilities; Certification of BAIIDs; Inspections; BAIID Installer's Responsibilities; Decertification of a BAIID Provider 1001.443 Breath Alcohol Ignition Interlock Device Multiple Offender – Compliance with Interlock Program 1001.444 Monitoring Device Driving Permit (MDDP) Provisions 1001.450 New Hearings 1001.460 Requests for Modification of Revocations and Suspensions 1001.465 Cancellation of Driving Privileges; Hearing to Contest and Show Cause Hearing 1001.470 Renewal, Correction and Cancellation of RDPs 1001.480 Unsatisfied Judgment Suspensions 1001.485 Reinstatement Application Based Upon Issuance of Drivers License in a State Which is a Member of the Driver License Compact 1001.490 Invalidity
SUBPART E: FORMAL MEDICAL HEARINGS
ILLINOIS REGISTER 11591 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
Section 1001.500 Applicability 1001.510 Definitions 1001.520 Procedure 1001.530 Conduct of Medical Formal Hearings 1001.540 Subsequent Hearings
SUBPART F: ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS
Section 1001.600 Applicability 1001.610 Definitions 1001.620 Burden of Proof 1001.630 Implied Consent Hearings; Religious Exception 1001.640 Implied Consent Hearings; Medical Exception 1001.650 Rebuttable Presumption 1001.660 Alcohol and Drug Education and Awareness Program 1001.670 Petitions for Restricted Driving Permits 1001.680 Form and Location of Hearings 1001.690 Invalidity
SUBPART G: MOTOR VEHICLE FRANCHISE ACT
Section 1001.700 Applicability 1001.710 Definitions 1001.720 Organization of Motor Vehicle Review Board 1001.730 Motor Vehicle Review Board Meetings 1001.740 Board Fees 1001.750 Notice of Protest 1001.760 Hearing Procedures 1001.770 Conduct of Protest Hearing 1001.780 Mandatory Settlement Conference 1001.785 Technical Issues 1001.790 Hearing Expenses; Attorney's Fees 1001.795 Invalidity
ILLINOIS REGISTER 11592 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
SUBPART H: MISCELLANEOUS
Section 1001.800 Extension of Hearing Dates (Repealed) EMERGENCY
1001.APPENDIX A BAIID Regions and Minimum Installation/Service Center Site Location Guidelines (Repealed)
AUTHORITY: Subpart A implements Sections 2-113, 2-118, 6-108, 6-205, and 6-206 and is authorized by Sections 2-103 and 2-104 of the Illinois Vehicle Code [625 ILCS 5]. Subpart B implements Chapter 7 and is authorized by Sections 2-103, 2-104, 2-106, 2-107, 2-108, 2-113, and 2-114, and Ch. 7 of the Illinois Vehicle Code. Subpart C implements Sections 6-205(c) and 6-206(c)3 and is authorized by Sections 2-103 and 2-104 of the Illinois Vehicle Code. Subpart D is authorized by Sections 2-104 and 11-501 of the Illinois Vehicle Code and implementing Sections 6-103, 6-205(c), 6-206(c)3, and 6-208 of the Illinois Vehicle Code. Subpart E implements Sections 2-113, 2-118, 2-123, 6-103, 6-201, 6-906, and 6-908 and is authorized by Sections 2-103, 2-104, 6-906, and 6-909 of the Illinois Vehicle Code. Subpart F implements Sections 2-113, 2-118, 6-208.2, 11-501.1, and 11-501.8 and is authorized by Sections 2-103, 2- 104, and 11-501.8 of the Illinois Vehicle Code. Subpart G implements and is authorized by the Motor Vehicle Franchise Act [815 ILCS 710].
SOURCE: Adopted and codified at 7 Ill. Reg. 7501, effective June 17, 1983; amended at 8 Ill. Reg. 4220, effective April 1, 1984; emergency amendment at 9 Ill. Reg. 17030, effective October 18, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 4558, effective March 18, 1986; amended at 11 Ill. Reg. 17844, effective October 15, 1987; amended at 13 Ill. Reg. 15803, effective October 1, 1989; amended at 14 Ill. Reg. 2601, effective February 15, 1990; amended at 14 Ill. Reg. 16041, effective October 1, 1990; emergency amendment at 16 Ill. Reg. 19926, effective December 8, 1992, for a maximum of 150 days; emergency amendment at 17 Ill. Reg. 2047, effective January 27, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 6274, effective May 1, 1993; amended at 17 Ill. Reg. 8528, effective June 1, 1993; emergency amendment at 18 Ill. Reg. 7916, effective May 10, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 15127, effective September 21, 1994; emergency amendment at 19 Ill. Reg. 54, effective January 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 6667, effective May 1, 1995; emergency amendment at 20 Ill. Reg. 1626, effective January 15, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 8328, effective June 12, 1996; emergency amendment at 20 Ill. Reg. 9355, effective July 1, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 15773, effective November 28, 1996; amended at 23 Ill. Reg. 692, effective January 15, 1999; amended at 24 Ill. Reg. 19257, effective December 15, 2000; expedited correction at
ILLINOIS REGISTER 11593 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
25 Ill. Reg. 7352, effective December 15, 2000; emergency amendment at 25 Ill. Reg. 13790, effective October 15, 2001, for a maximum of 150 days; emergency expired on March 13, 2002; emergency amendment at 25 Ill. Reg. 14979, effective November 9, 2001, for a maximum of 150 days; emergency expired on April 7, 2002; amended at 26 Ill. Reg. 9380, effective June 13, 2002; amended at 26 Ill. Reg.13347, effective August 21, 2002, for a maximum of 150 days; emergency amendment at 26 Ill. Reg. 14706, effective September 20, 2002, for a maximum of 150 days; emergency expired on February 16, 2003; amended at 27 Ill. Reg. 5969, effective March 31, 2003; amended at 27 Ill. Reg. 13577, effective August 1, 2003; amended at 28 Ill. Reg. 12123, effective September 1, 2004; amended at 28 Ill. Reg. 15804, effective November 19, 2004; amended at 31 Ill. Reg. 6185, effective May 1, 2007; amended at 31 Ill. Reg. 14837, effective November 1, 2007; amended at 33 Ill. Reg. 282, effective January 1, 2009; emergency amendment at 35 Ill. Reg. 3848, effective February 15, 2011, for a maximum of 150 days; amended at 35 Ill. Reg. 10934, effective June 21, 2011; amended at 36 Ill. Reg. 7300, effective April 30, 2012; amended at 37 Ill. Reg. 5844, effective April 19, 2013; amended at 39 Ill. Reg. 2718, effective February 6, 2015; amended at 40 Ill. Reg. 834, effective December 31, 2015; amended at 40 Ill. Reg. 6158, effective March 23, 2016; amended at 41 Ill. Reg. 473, effective December 28, 2016; amended at 42 Ill. Reg. 16921, effective September 5, 2018; emergency amendment at 44 Ill. Reg. 5824, effective March 17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 6634, effective April 9, 2020, for the remainder of the 150 days; emergency amendment effective March 17, 2020, as amended April 9, 2020, repealed at 44 Ill. Reg. 11588, effective June 30, 2020.
SUBPART H: MISCELLANEOUS
Section 1001.800 Extension of Hearing Dates (Repealed) EMERGENCY
Pursuant to the power vested in him by Section 5(7) of the Secretary of State Act, and pursuant to the provisions of the Executive order No. 2020-08, issued on March 17, 2020, and Executive Order No. 2020-18, issued April 1, 2020, the Secretary of State extends for the duration of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, as extended by subsequent disaster proclamations, and for a period of 120 days thereafter the date for all hearings conducted pursuant to Section 2-118(a) of the Illinois Vehicle Code. This extension period may be rescinded by the Secretary of State through the adoption of an emergency rulemaking.
(Source: Added by emergency rulemaking at 44 Ill. Reg. 5824, effective March 17, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule
ILLINOIS REGISTER 11594 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE at 44 Ill. Reg. 6634, effective April 9, 2020, for the remainder of the 150 days; repealed by emergency rulemaking at 44 Ill. Reg. 11588, effective June 30, 2020)
ILLINOIS REGISTER 11595 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
1) Heading of the Part: Certificates of Title, Registration of Vehicles
2) Code Citation: 92 Ill. Adm. Code 1010
3) Section Number: Emergency Action: 1010.630 Repealed
4) Statutory Authority: 625 ILCS 5/2-104(b).
5) Effective Date of Emergency Rule: March 17, 2020
6) Effective Date of Emergency Repeal to Emergency Rule: June 30, 2020
7) Date Filed with the Index Department: June 30, 2020
8) A copy of the Emergency Repeal to Emergency Rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.
9) Reason for Emergency: As the COVID-19 pandemic evolves, the Secretary of State continues to review its processes and procedures, as well as emergency rules that have been previously filed, to ensure the needs of the agency and the public are best met. evised emergency rules in accordance with recent PA 101-640 are being filed.
10) Are there any other rulemakings to this Part pending? No
11) Information and questions regarding this emergency rule shall be directed to:
Brenda Glahn Senior Legal Advisor 298 Howlett Building Springfield IL 62756
The full text of the Emergency Repeal of Emergency Amendment begins on the next page:
ILLINOIS REGISTER 11596 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
TITLE 92: TRANSPORTATION CHAPTER II: SECRETARY OF STATE
PART 1010 CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SUBPART A: DEFINITIONS
Section 1010.10 Owner – Application of Term 1010.20 Secretary and Department
SUBPART B: TITLES
Section 1010.110 Salvage Certificate – Additional Information Required to Accompany Application for a Certificate of Title for a Rebuilt or a Restored Vehicle Upon Surrendering Salvage Certificate 1010.120 Salvage Certificate – Assignments and Reassignments 1010.130 Exclusiveness of Lien on Certificate of Title 1010.140 Documents Required to Title and Register Imported Vehicles Not Manufactured in Conformity with Federal Emission or Safety Standards 1010.150 Transferring Certificates of Title Upon the Owner's Death 1010.160 Repossession of Vehicles by Lienholders and Creditors 1010.170 Junking Notification 1010.180 Specially Constructed Vehicles – Defined 1010.185 Specially Constructed Vehicles – Required Documentation for Title and Registration 1010.190 Issuance of Title and Registration Without Standard Ownership Documents − Bond 1010.193 Procedures for Application for Title for Vehicles Purchased at Mechanic's Lien Sales 1010.195 Procedures and Disclosures for Vehicles Previously Titled in Areas Flooded as a Result of a Natural Disaster
SUBPART C: REGISTRATION
Section 1010.200 Homemade Trailers − Title and Registration
ILLINOIS REGISTER 11597 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
1010.210 Application for Registration 1010.220 Vehicles Subject to Registration – Exceptions 1010.230 Refusing Registration or Certificate of Title 1010.240 Registration Plates To Be Furnished by the Secretary of State 1010.245 Electronic Registration and Titling (ERT) Program Provisions 1010.250 Applications For Reassignment
SUBPART D: REVOCATION, SUSPENSION AND CANCELLATION OF REGISTRATION
Section 1010.300 Operation of Vehicle after Cancellation, Suspension, or Revocation of any Registration 1010.310 Improper Use of Evidences of Registration 1010.320 Suspension, Cancellation or Revocation of Illinois Registration Plates and Cards and Titles 1010.330 Operation of Vehicle Without Proper Illinois Registration 1010.350 Suspension or Revocation 1010.360 Surrender of Plates, Decals or Cards
SUBPART E: SPECIAL PERMITS AND PLATES
Section 1010.410 Temporary Registration – Individual Transactions 1010.420 Temporary Permit Pending Registration In Illinois 1010.421 Issuance of Temporary Registration Permits by Persons or Entities Other Than the Secretary of State 1010.425 Non-Resident Drive-Away Permits 1010.426 Seven Day Permits 1010.430 Registration Plates for Motor Vehicles Used for Transportation of Persons for Compensation and Tow Trucks 1010.440 Title and Registration of Vehicles with Permanently Mounted Equipment 1010.450 Special Plates 1010.451 Purple Heart License Plates 1010.452 Special Event License Plates 1010.453 Retired Armed Forces License Plates 1010.454 Gold Star License Plates 1010.455 Collectible License Plates 1010.456 Sample License Plates For Motion Picture and Television Studios
ILLINOIS REGISTER 11598 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
1010.457 Korean War Veteran License Plates 1010.458 Collegiate License Plates 1010.459 Universal Plate Decal 1010.460 Special Plates for Members of the United States Armed Forces Reserves 1010.465 Requests for General Issuance Specialty License Plates 1010.470 Dealer Plate Records 1010.480 State of Illinois In-Transit Plates
SUBPART F: FEES
Section 1010.510 Determination of Registration Fees 1010.520 When Fees Returnable 1010.530 Circuit Breaker Registration Discount 1010.540 Fees 1010.550 Determining Age of Vehicle
SUBPART G: MISCELLANEOUS
Section 1010.610 Unlawful Acts, Fines and Penalties 1010.620 Change of Engine 1010.630 Extension of Expiration Date (Repealed) EMERGENCY
SUBPART H: SECOND DIVISION VEHICLES
Section 1010.705 Reciprocity 1010.710 Vehicle Proration 1010.715 Proration Fees 1010.720 Vehicle Apportionment 1010.725 Trip Leasing 1010.730 Intrastate Movements, Foreign Vehicles 1010.735 Interline Movements 1010.740 Trip and Short-term Permits 1010.745 Signal 30 Permit for Foreign Registration Vehicles (Repealed) 1010.750 Signal 30-Year-round for Prorated Fleets of Leased Vehicles (Repealed) 1010.755 Mileage Tax Plates
ILLINOIS REGISTER 11599 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
1010.756 Suspension or Revocation of Illinois Mileage Weight Tax Plates 1010.760 Transfer for "For-Hire" Loads 1010.765 Suspension or Revocation of Exemptions as to Foreign Registered Vehicles 1010.770 Required Documents for Trucks and Buses to detect "intrastate" movements 1010.775 Certificate of Safety
1010.APPENDIX A Uniform Vehicle Registration Proration and Reciprocity Agreement 1010.APPENDIX B International Registration Plan 1010.APPENDIX C Affirmation Supporting Salvage Certificate 1010.APPENDIX D Specialty License Plates Request Form
AUTHORITY: Authorized by Section 2-104(b) of, and implementing Chapters 3 and 5 of, the Illinois Vehicle Code [625 ILCS 5].
SOURCE: Filed and effective December 15, 1970; emergency amendment at 2 Ill. Reg. 25, p. 119, effective June 14, 1978, for a maximum of 150 days; amended at 3 Ill. Reg. 12, p. 76, effective March 23, 1979; amended at 3 Ill. Reg. 29, p. 123, effective July 20, 1979; amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980; emergency amendment at 4 Ill. Reg. 21, p. 99, effective May 14, 1980, for a maximum of 150 days; amended at 6 Ill. Reg. 2241, effective February 1, 1982; amended at 6 Ill. Reg. 11076, effective August 26, 1982; codified at 6 Ill. Reg. 12674; amended at 7 Ill. Reg. 1432, effective January 21, 1983; amended at 7 Ill. Reg. 1436, effective January 21, 1983; amended at 8 Ill. Reg. 5329, effective April 6, 1984; amended at 9 Ill. Reg. 3358, effective March 1, 1985; amended at 9 Ill. Reg. 9176, effective May 30, 1985; amended at 9 Ill. Reg. 12863, effective August 2, 1985; amended at 9 Ill. Reg. 14711, effective September 13, 1985; amended at 10 Ill. Reg. 1243, effective January 6, 1986; amended at 10 Ill. Reg. 4245, effective February 26, 1986; amended at 10 Ill. Reg. 14308, effective August 19, 1986; recodified at 11 Ill. Reg. 15920; amended at 12 Ill. Reg. 14711, effective September 15, 1988; amended at 12 Ill. Reg. 15193, effective September 15, 1988; amended at 13 Ill. Reg. 1598, effective February 1, 1989; amended at 13 Ill. Reg. 5173, effective April 1, 1989; amended at 13 Ill. Reg. 7965, effective May 15, 1989; amended at 13 Ill. Reg. 15102, effective September 15, 1989; amended at 14 Ill. Reg. 4560, effective March 1, 1990; amended at 14 Ill. Reg. 6848, effective April 18, 1990; amended at 14 Ill. Reg. 9492, effective June 1, 1990; amended at 14 Ill. Reg. 19066, effective November 15, 1990; amended at 15 Ill. Reg. 12782, effective August 15, 1991; amended at 16 Ill. Reg. 12587, effective August 1, 1992; amended at 19 Ill. Reg. 11947, effective August 1, 1995; amended at 19 Ill. Reg. 16289, effective November 27, 1995; amended at 20 Ill. Reg. 11349, effective August 1, 1996; amended at 21 Ill. Reg. 8408, effective June 23, 1997; amended at 21 Ill. Reg. 13372, effective September 17, 1997; amended at 22 Ill. Reg. 8521, effective April 28, 1998; amended at 22 Ill. Reg. 22059, effective January 1, 1999; amended at 25 Ill. Reg. 7731, effective June 6, 2001; emergency amendment at 25 Ill. Reg.
ILLINOIS REGISTER 11600 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
14201, effective October 22, 2001, for a maximum of 150 days; emergency expired March 20, 2002; amended at 26 Ill. Reg. 14282, effective September 16, 2002; amended at 27 Ill. Reg. 4790, effective February 27, 2003; amended at 29 Ill. Reg. 8915, effective June 10, 2005; amended at 31 Ill. Reg. 2668, effective January 29, 2007; amended at 32 Ill. Reg. 17253, effective October 15, 2008; amended at 32 Ill. Reg. 17590, effective October 16, 2008; amended at 34 Ill. Reg. 3673, effective March 5, 2010; amended at 34 Ill. Reg. 10202, effective June 29, 2010; amended at 35 Ill. Reg. 1652, effective January 13, 2011; amended at 35 Ill. Reg. 8240, effective May 16, 2011; amended at 36 Ill. Reg. 7674, effective May 2, 2012; amended at 36 Ill. Reg. 14745, effective September 24, 2012; amended at 36 Ill. Reg. 17094, effective November 20, 2012; emergency amendment at 36 Ill. Reg. 17580, effective November 28, 2012, for a maximum of 150 days; amended at 37 Ill. Reg. 4340, effective March 22, 2013; amended at 37 Ill. Reg. 8941, effective June 14, 2013; amended at 37 Ill. Reg. 12578, effective July 17, 2013; amended at 39 Ill. Reg. 5106, effective March 20, 2015; amended at 42 Ill. Reg. 212, effective December 19, 2017; amended at 42 Ill. Reg. 14450, effective July 23, 2018; amended at 43 Ill. Reg. 3945, effective March 15, 2019; amended at 44 Ill. Reg. 2014, effective December 31, 2019; emergency amendment at 44 Ill. Reg. 5831, effective March 17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 6641, effective April 9, 2020, for the remainder of the 150 days; emergency amendment effective March 17, 2020, as amended April 9, 2020, repealed at 44 Ill. Reg. 11595, effective June 30, 2020.
SUBPART G: MISCELLANEOUS
Section 1010.630 Extension of Expiration Dates (Repealed) EMERGENCY
a) Pursuant to the powers vested in him by Section 2-104(b) of the Illinois Vehicle Code, and pursuant to the provisions of Executive Order No. 2020-08 issued on March 17, 2020, and Executive Order No. 2020-18, issued April 1, 2020, the Secretary of State hereby extends for the duration of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, as extended by subsequent proclamations, the expiration dates of vehicle registrations as set forth in subsection (b), including but not limited to those set forth in the following statutes:
625 ILCS 5/3-414 625 ILCS 5/3-414.1 625 ILCS 5/3-414.5 625 ILCS 5/3-402.1 625 ILCS 5/3-407
ILLINOIS REGISTER 11601 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
b) The expiration dates of vehicle registrations are extended as follows:
1) All expired vehicle registrations that were due to be renewed at any point before or during the duration of the disaster proclamation are extended by 120 days from the date on which the disaster terminates and the Secretary of State's office resumes operations;
2) All vehicle registrations that expire during the month in which the disaster terminates and the Secretary of State's office resumes operations are extended by 120 days beyond the original expiration date for those registrations;
3) All vehicle registrations that are due to expire in the first full month after the disaster terminates and the Secretary of State's office resumes operations are extended by 120 days beyond the original expiration date for those registrations;
4) All vehicle registrations that are due to expire in the second full month after the disaster terminates and the Secretary of State's office resumes operations are extended by 120 days beyond the original expiration date for those registrations;
5) All vehicle registrations that are due to expire in the third full month after the disaster terminates and the Secretary of State's office resumes operations are extended by 120 days beyond the original expiration date for those registrations;
6) All vehicle registrations that are due to expire in the fourth full month after the disaster terminates and the Secretary of State's office resumes operations are extended by 120 days beyond the original expiration date for those registrations;
7) All vehicle registrations that are due to expire in the fifth full month after the disaster terminates and the Secretary of State's office resumes operations are extended by 120 days beyond the original expiration date for those registrations; and
8) All vehicle registrations that are due to expire in the sixth full month after
ILLINOIS REGISTER 11602 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
the disaster terminates and the Secretary of State's office resumes operations are extended by 120 days beyond the original expiration date for those registrations. c) To be eligible for the extensions set forth in this Section, vehicles must be otherwise eligible for registration. d) Any penalties imposed due to the late filing of vehicle registrations shall be waived for any vehicles subject to this Section. e) These extension periods may be altered or rescinded by the Secretary of State through the adoption of an emergency rule.
(Source: Added by emergency rulemaking at 44 Ill. Reg. 5831, effective March 17, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule at 44 Ill. Reg. 6641, effective April 9, 2020, for a maximum of the 150 days; repealed by emergency rulemaking at 44 Ill. Reg. 11595, effective June 30, 2020)
ILLINOIS REGISTER 11603 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
1) Heading of the Part: Issuance of Licenses
2) Code Citation: 92 Ill. Adm. Code 1030
3) Section Number: Emergency Action: 1030.160 Repealed
4) Statutory Authority: Implementing and authorized by Sections 8-9a of the Secretary of State Merit Employment Code [15 ILCS 310].
5) Effective Date of Emergency Rule being Repealed: March 17, 2020
6) Effective Date of Emergency Repeal of Emergency Rule: June 30, 2020
7) Date Filed with the Index Department: June 29, 2020
8) A copy of the Emergency Repeal of Emergency Rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.
9) Reason for Emergency: As the COVID-19 pandemic evolves, the Secretary of State continues to review its processes and procedures, as well as emergency rules that have been previously filed, to ensure the needs of the agency and the public are best met. Revised emergency rules in accordance with recent PA 101-640 are being filed.
10) Are there any other rulemakings to this Part pending? No
11) Information and questions regarding this emergency repeal shall be directed to:
Brenda Glahn Senior Legal Advisor 298 Howlett Building Springfield IL 62756
The full text of the Emergency Repeal of Emergency Amendment begins on the next page:
ILLINOIS REGISTER 11604 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
TITLE 92: TRANSPORTATION CHAPTER II: SECRETARY OF STATE
PART 1030 ISSUANCE OF LICENSES
Section 1030.1 Definitions 1030.5 Procedure for Obtaining a Standard Driver's License or Identification Card 1030.6 Procedure for Obtaining a Visa Status Temporary Visitor's Driver's License Pursuant to IVC Section 6-105.1(a) 1030.7 Procedure for Obtaining a Non-Visa Status Temporary Visitor's Driver's License Pursuant to IVC Section 6-105.1(a-5) 1030.8 Procedure for Obtaining a Real ID Compliant Driver's License or Identification Card 1030.10 What Persons Shall Not Be Licensed or Granted Permits 1030.11 Procedure for Obtaining a Driver's License/Temporary Visitor's Driver's License (Renumbered) 1030.12 Identification Cards for the Homeless 1030.13 Denial of License or Permit 1030.14 Emergency Contact Database 1030.15 Cite for Re-testing 1030.16 Physical and Mental Evaluation 1030.17 Errors in Issuance of Driver's License/Cancellation 1030.18 Medical Criteria Affecting Driver Performance 1030.20 Classification of Drivers – References (Repealed) 1030.22 Medical Examiner's Certificate − CLP or CDL Holders 1030.25 Safe Driver License Renewals 1030.26 Identification Cards for IDOC/IDJJ Applicants 1030.27 Identification Cards for Youth in Care 1030.30 Classification Standards 1030.40 Fifth Wheel Equipped Trucks 1030.50 Bus Driver's Authority, Religious Organization and Senior Citizen Transportation 1030.55 Commuter Van Driver Operating a For-Profit Ridesharing Arrangement 1030.60 Third-Party Certification Program 1030.63 Religious Exemption for Social Security Numbers (Repealed) 1030.65 Instruction Permits 1030.66 Adult Driver Education 1030.70 Driver's License Testing/Vision Screening
ILLINOIS REGISTER 11605 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
1030.75 Driver's License Testing/Vision Screening With Vision Aid Arrangements Other Than Standard Eye Glasses or Contact Lenses 1030.80 Driver's License Testing/Written Test 1030.81 Endorsements 1030.82 Charter Bus Driver Endorsement Requirements 1030.83 Hazardous Material Endorsement 1030.84 Vehicle Inspection 1030.85 Driver's License Testing/Road Test 1030.86 Multiple Attempts − Written and/or Road Tests 1030.88 Exemption of Facility Administered Road Test 1030.89 Temporary Driver's Licenses and Temporary Instruction Permits 1030.90 Requirement for Photograph and Signature of Licensee on Driver's License 1030.91 Person with a Disability Identification Card 1030.92 Restrictions 1030.93 Restricted Local Licenses 1030.94 Duplicate or Corrected Driver's License or Instruction Permit 1030.95 Consular Licenses (Repealed) 1030.96 Seasonal Restricted Commercial Driver's License 1030.97 Invalidation of a Driver's License, Permit and/or Driving Privilege 1030.98 School Bus Endorsement or Learner's Permit 1030.100 Anatomical Gift Donor (Repealed) 1030.110 Emergency Medical Information Card 1030.115 Change-of-Address 1030.120 Issuance of a Probationary License 1030.130 Grounds for Cancellation of a Probationary License 1030.140 Use of Captured Images 1030.150 Veteran Designation on Driver's License or Identification Card 1030.160 Extension of Expiration Dates (Repealed) EMERGENCY
1030.APPENDIX A Questions Asked of a Driver's License Applicant 1030.APPENDIX B Acceptable Identification Documents – Applicants for a Standard Identification Card, Driver's License, Instruction Permit, Visa Status Temporary Visitor's Driver's License Pursuant to IVC Section 6- 105.1(a) or Visa Status Temporary Visitor's Instruction Permit (Non- Real ID) 1030.APPENDIX C Acceptable Identification Documents – Applicants for a Non-Visa Status Temporary Visitor's Driver's License or Non-Visa Status Temporary Visitor's Instruction Permit Pursuant to IVC Section 6-
ILLINOIS REGISTER 11606 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
105.1(a-5) 1030.APPENDIX D Acceptable Identification Documents – Applicants for a Real ID Compliant Driver's License or Identification Card
AUTHORITY: Implementing Article I of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/Ch. 6, Art. I] and authorized by Section 2-104(b) of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5] and Section 2(b)(2) of the Illinois Identification Card Act [15 ILCS 335].
SOURCE: Filed March 30, 1971; amended at 3 Ill. Reg. 7, p. 13, effective April 2, 1979; amended at 4 Ill. Reg. 27, p. 422, effective June 23, 1980; amended at 6 Ill. Reg. 2400, effective February 10, 1982; codified at 6 Ill. Reg. 12674; amended at 9 Ill. Reg. 2716, effective February 20, 1985; amended at 10 Ill. Reg. 303, effective December 24, 1985; amended at 10 Ill. Reg. 15130, effective September 2, 1986; amended at 10 Ill. Reg. 18182, effective October 14, 1986; amended at 11 Ill. Reg. 9331, effective April 28, 1987; amended at 11 Ill. Reg. 18292, effective October 23, 1987; amended at 12 Ill. Reg. 3027, effective January 14, 1988; amended at 12 Ill. Reg. 13221, effective August 1, 1988; amended at 12 Ill. Reg. 16915, effective October 1, 1988; amended at 12 Ill. Reg. 19777, effective November 15, 1988; amended at 13 Ill. Reg. 5192, effective April 1, 1989; amended at 13 Ill. Reg. 7808, effective June 1, 1989; amended at 13 Ill. Reg. 12880, effective July 19, 1989; amended at 13 Ill. Reg. 12978, effective July 19, 1989; amended at 13 Ill. Reg. 13898, effective August 22, 1989; amended at 13 Ill. Reg. 15112, effective September 8, 1989; amended at 13 Ill. Reg. 17095, effective October 18, 1989; amended at 14 Ill. Reg. 4570, effective March 8, 1990; amended at 14 Ill. Reg. 4908, effective March 9, 1990; amended at 14 Ill. Reg. 5183, effective March 21, 1990; amended at 14 Ill. Reg. 8707, effective May 16, 1990; amended at 14 Ill. Reg. 9246, effective May 16, 1990; amended at 14 Ill. Reg. 9498, effective May 17, 1990; amended at 14 Ill. Reg. 10111, effective June 11, 1990; amended at 14 Ill. Reg. 10510, effective June 18, 1990; amended at 14 Ill. Reg. 12077, effective July 5, 1990; amended at 14 Ill. Reg. 15487, effective September 10, 1990; amended at 15 Ill. Reg. 15783, effective October 18, 1991; amended at 16 Ill. Reg. 2182, effective January 24, 1992; emergency amendment at 16 Ill. Reg. 12228, effective July 16, 1992, for a maximum of 150 days; emergency expired on December 13, 1992; amended at 16 Ill. Reg. 18087, effective November 17, 1992; emergency amendment at 17 Ill. Reg. 1219, effective January 13, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 2025, effective February 1, 1993; amended at 17 Ill. Reg. 7065, effective May 3, 1993; amended at 17 Ill. Reg. 8275, effective May 24, 1993; amended at 17 Ill. Reg. 8522, effective May 27, 1993; amended at 17 Ill. Reg. 19315, effective October 22, 1993; amended at 18 Ill. Reg. 1591, effective January 14, 1994; amended at 18 Ill. Reg. 7478, effective May 2, 1994; amended at 18 Ill. Reg. 16457, effective October 24, 1994; amended at 19 Ill. Reg. 10159, effective June 29, 1995; amended at 20 Ill. Reg. 3891, effective February 14, 1996; emergency amendment at 20 Ill. Reg. 8358, effective June 4, 1996, for a
ILLINOIS REGISTER 11607 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE maximum of 150 days; emergency amendment repealed in response to an objection of the Joint Committee on Administrative Rules at 20 Ill. Reg. 14279; amended at 21 Ill. Reg. 6588, effective May 19, 1997; amended at 21 Ill. Reg. 10992, effective July 29, 1997; amended at 22 Ill. Reg. 1466, effective January 1, 1998; emergency amendment at 23 Ill. Reg. 9552, effective August 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 13947, effective November 8, 1999; amended at 24 Ill. Reg. 1259, effective January 7, 2000; emergency amendment at 24 Ill. Reg. 1686, effective January 13, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 6955, effective April 24, 2000; emergency amendment at 24 Ill. Reg. 13044, effective August 10, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 18400, effective December 4, 2000; amended at 25 Ill. Reg. 959, effective January 5, 2001; amended at 25 Ill. Reg. 7742, effective June 5, 2001; amended at 25 Ill. Reg. 12646, effective September 24, 2001; emergency amendment at 25 Ill. Reg. 12658, effective September 24, 2001, for a maximum of 150 days; emergency expired February 20, 2002; amended at 26 Ill. Reg. 9961, effective June 24, 2002; amended at 27 Ill. Reg. 855, effective January 3, 2003; emergency amendment at 27 Ill. Reg. 7340, effective April 14, 2003, for a maximum of 150 days; emergency expired September 10, 2003; emergency amendment at 27 Ill. Reg. 16968, effective October 17, 2003, for a maximum of 150 days; emergency expired March 14, 2004; emergency amendment at 28 Ill. Reg. 384, effective January 1, 2004, for a maximum of 150 days; emergency expired May 29, 2004; amended at 28 Ill. Reg. 8895, effective June 14, 2004; amended at 28 Ill. Reg. 10776, effective July 13, 2004; amended at 29 Ill. Reg. 920, effective January 1, 2005; emergency amendment at 29 Ill. Reg. 2469, effective January 31, 2005, for a maximum of 150 days; emergency expired June 29, 2005; amended at 29 Ill. Reg. 9488, effective June 17, 2005; amended at 29 Ill. Reg. 12519, effective July 28, 2005; amended at 29 Ill. Reg. 13237, effective August 11, 2005; amended at 29 Ill. Reg. 13580, effective August 16, 2005; amended at 30 Ill. Reg. 910, effective January 6, 2006; amended at 30 Ill. Reg. 5621, effective March 7, 2006; amended at 30 Ill. Reg. 11365, effective June 15, 2006; emergency amendment at 30 Ill. Reg. 11409, effective June 19, 2006, for a maximum of 150 days; emergency expired November 15, 2006; amended at 31 Ill. Reg. 4782, effective March 12, 2007; amended at 31 Ill. Reg. 5096, effective March 15, 2007; amended at 31 Ill. Reg. 5864, effective March 29, 2007; amended at 31 Ill. Reg. 6370, effective April 12, 2007; amended at 31 Ill. Reg. 7643, effective May 16, 2007; amended at 31 Ill. Reg. 11342, effective July 18, 2007; amended at 31 Ill. Reg. 14547, effective October 9, 2007; amended at 31 Ill. Reg. 14849, effective October 22, 2007; amended at 31 Ill. Reg. 16543, effective November 27, 2007; amended at 31 Ill. Reg. 16843, effective January 1, 2008; emergency amendment at 32 Ill. Reg. 208, effective January 2, 2008, for a maximum of 150 days; amended at 32 Ill. Reg. 6544, effective April 4, 2008; amended at 33 Ill. Reg. 2391, effective January 21, 2009; amended at 33 Ill. Reg. 8489, effective June 5, 2009; amended at 33 Ill. Reg. 9794, effective June 29, 2009; amended at 33 Ill. Reg. 11620, effective July 22, 2009; amended at 33 Ill. Reg. 14185, effective September 28, 2009; amended at 34 Ill. Reg. 563, effective December 22, 2009; amended at 34 Ill. Reg. 9457, effective June 23, 2010; amended at
ILLINOIS REGISTER 11608 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
34 Ill. Reg. 15418, effective September 22, 2010; amended at 34 Ill. Reg. 19071, effective November 22, 2010; amended at 35 Ill. Reg. 2197, effective January 21, 2011; amended at 35 Ill. Reg. 4692, effective March 3, 2011; amended at 35 Ill. Reg. 19664, effective November 23, 2011; amended at 36 Ill. Reg. 3924, effective February 27, 2012; amended at 36 Ill. Reg. 7255, effective April 26, 2012; amended at 36 Ill. Reg. 14755, effective September 18, 2012; amended at 37 Ill. Reg. 7776, effective May 22, 2013; amended at 37 Ill. Reg. 14176, effective September 1, 2013; amended at 37 Ill. Reg. 19342, effective November 28, 2013; amended at 38 Ill. Reg. 7946, effective March 28, 2014; emergency amendment at 38 Ill. Reg. 8429, effective April 4, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 12515, effective July 1, 2014; amended at 38 Ill. Reg. 16366, effective July 21, 2014; amended at 38 Ill. Reg. 20039, effective October 1, 2014; amended at 39 Ill. Reg. 1182, effective January 5, 2015; amended at 39 Ill. Reg. 5083, effective March 23, 2015; amended at 39 Ill. Reg. 8028, effective May 21, 2015; amended at 39 Ill. Reg. 11531, effective July 28, 2015; amended at 39 Ill. Reg. 14930, effective October 29, 2015; amended at 40 Ill. Reg. 1882, effective January 12, 2016; amended at 40 Ill. Reg. 7330, effective May 2, 2016; amended at 40 Ill. Reg. 13637, effective September 19, 2016; amended at 40 Ill. Reg. 15397, effective October 26, 2016; amended at 41 Ill. Reg. 438, December 29, 2016; amended at 41 Ill. Reg. 3009, effective February 24, 2017; amended at 41 Ill. Reg. 13665, effective October 30, 2017; amended at 42 Ill. Reg. 1886, effective January 3, 2018; amended at 42 Ill. Reg. 2891, effective January 29, 2018; amended at 42 Ill. Reg. 4969, effective March 5, 2018; amended at 42 Ill. Reg. 11499, effective June 8, 2018; amended at 42 Ill. Reg. 20548, effective October 30, 2018; amended at 43 Ill. Reg. 3724, effective March 4, 2019; amended at 43 Ill. Reg. 5322, effective April 24, 2019; amended at 44 Ill. Reg. 2041, effective December 31, 2019; emergency amendment at 44 Ill. Reg. 5477, effective March 16, 2020, for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 5839, effective March 17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 6650, effective April 9, 2020, for the remainder of the 150 days; emergency amendment at 44 Ill. Reg. 10011, effective May 21, 2020, for a maximum of 150 days; emergency amendment effective March 17, 2020, as amended April 9, 2020; repealed at 44 Ill. Reg. 11603, effective June 30, 2020.
Section 1030.160 Extension of Expiration Dates (Repealed) EMERGENCY
a) Pursuant to the powers vested in him by Section 2-104(b) of the Illinois Vehicle Code and Section 2(b)(2) of the Illinois Identification Card Act, and pursuant to the provisions of Executive Order No. 2020-08, issued on March 17, 2020, and Executive Order No. 2020-18, issued April 1, 2020, the Secretary of State hereby extends for the duration of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, as
ILLINOIS REGISTER 11609 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
extended by subsequent disaster proclamations, and for a period of 90 days thereafter the expiration dates of any driver's licenses, instruction permits, permits and identification cards, including but not limited to those set forth in the following statutes:
625 ILCS 5/6-105 625 ILCS 5/6-105.1 625 ILCS 5/6-107.1 625 ILCS 5/6-107.4 625 ILCS 5/6-115 625 ILCS 5/6-205 625 ILCS 5/6-206.1 625 ILCS 5/6-507.5 625 ILCS 5/6-106.1 625 ILCS 5/6-113(c) 15 ILCS 335/4 15 ILCS 335/8 b) To be eligible for such extension, the person's driver's license, instruction permit, permit or identification card must be valid as of the date of this emergency rulemaking. All conditions and restrictions under which the driver's licenses, instruction permits, permits and identification cards were issued shall remain in full force and effect during the period of this extension. This extension period may be rescinded by the Secretary of State through the adoption of an emergency rule.
(Source: Added by emergency rulemaking at 44 Ill. Reg. 5839, effective March 17, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule at 44 Ill. Reg. 6650, effective April 9, 2020, for the remainder of the 150 days; repealed by emergency rulemaking at 44 Ill. Reg. 11603, effective June 30, 2020)
ILLINOIS REGISTER 11610 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
1) Heading of the Part: Commercial Driver Training Schools
2) Code Citation: 92 Ill. Adm. Code 1060
3) Section Number: Emergency Action: 1060.270 Amendment
4) Statutory Authority: Implementing Article IV of the Illinois Driver Licensing Law of the Illinois Motor Vehicle Code [625 ILCS 5/Ch. 6, Art. IV] and authorized by Section 2- 104(b) of the Illinois Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5/2-104(b)].
5) Effective Date of Emergency Rule: June 25, 2020
6) If this emergency rule is to expire before the end of the 150-day period, please specify the date on which it is to expire: This emergency rule will expire at the end of 150 days or the date on which the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, and as extended by subsequent proclamations, terminates, whichever occurs first.
7) Date Filed with the Index Department: June 25, 2020
8) A statement that a copy of the emergency rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.
9) Reason for Emergency: Emergency rules are need to ensure the public safety and welfare of those students enrolled in driver education classes at commercial driving schools due to the evolving COVID-19 pandemic.
10) A Complete Description of the Subjects and Issues Involved: Sets forth guidelines under which the classroom portion of driver education may be conducted as Illinois moves into Phase 4 of the Restore Illinois plan.
11) Are there any other rulemakings to this Part pending? Yes
Section Number: Proposed Action: Illinois Register Citation: 1060.270 New Section 44 Ill. Reg. 9926; June 5, 2020
ILLINOIS REGISTER 11611 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
12) Statement of Statewide Policy Objective: This rulemaking does not create or enlarge a mandate as described in Section 3(b) of the State Mandates Act.
13) Information and questions regarding this emergency rule shall be directed to:
Brenda Glahn Senior Legal Advisor 298 Howlett Building Springfield IL 62756
The full text of the Emergency Amendment to Emergency Rule begins on the next page:
ILLINOIS REGISTER 11612 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
TITLE 92: TRANSPORTATION CHAPTER II: SECRETARY OF STATE
PART 1060 COMMERCIAL DRIVER TRAINING SCHOOLS
Section 1060.5 Definitions 1060.10 Unlicensed Person May Not Operate Driver Training School 1060.20 Requirements for School Licenses 1060.30 Driver Training School Names 1060.40 Refund of Application Fees 1060.50 School Locations and Facilities 1060.60 Driver Training School Student Instruction Record 1060.70 Driver Training School Course of Instruction 1060.71 Adult Driver Education Course Certification 1060.72 Adult Driver Education Classroom Instruction 1060.80 Driver Training School Contracts 1060.90 Inspection of School Facilities 1060.100 Licenses 1060.110 Safety Inspection of Driver Training School Motor Vehicles 1060.120 Requirements to Obtain and Retain a Driver Training Instructor's License 1060.130 Examination for Driver Training Instructor 1060.140 Temporary Permit 1060.150 Driver Training School Responsibility for Employees 1060.160 Solicitation of Students and Pupils for Commercial Driver Training Instruction 1060.170 Hearings 1060.180 Teen Accreditation 1060.181 Teen Accreditation Classroom and Behind-the-Wheel Requirements 1060.190 Denial, Cancellation, Suspension, and Revocation of Commercial Driver Training School's License, Teen Accreditation, CDL Accreditation, and Instructor's License 1060.200 Commercial Driver's License and/or Endorsement and/or Accreditation 1060.210 Driver Training School Responsibility for Employees (Recodified) 1060.220 Solicitation of Students and Pupils for Commercial Driver Training Instruction (Recodified) 1060.230 Hearings (Recodified) 1060.240 Teen Accreditation (Recodified) 1060.250 Denial, Cancellation, Suspension, and Revocation of Commercial Driver Training
ILLINOIS REGISTER 11613 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
School's License and Instructor's License (Recodified) 1060.260 Commercial Driver's License and/or Endorsement and/or Restriction Accreditation (Recodified) 1060.270 Operations During COVID-19 Pandemic EMERGENCY
AUTHORITY: Implementing Article IV of the Illinois Driver Licensing Law of the Illinois Motor Vehicle Code [625 ILCS 5/Ch. 6, Art. IV] and authorized by Section 2-104(b) of the Illinois Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5/2-104(b)].
SOURCE: Filed March 2, 1972; codified at 6 Ill. Reg. 12697; transferred from 23 Ill. Adm. Code 252.50 (State Board of Education) pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act [5 ILCS 100/5-80(d)] and Section 6-411 of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-411] at 11 Ill. Reg. 1631, effective December 31, 1986; amended at 11 Ill. Reg. 17244, effective October 13, 1987; amended at 12 Ill. Reg. 13203, effective August 1, 1988; amended at 12 Ill. Reg. 19756, effective November 15, 1988; amended at 14 Ill. Reg. 8658, effective May 18, 1990; recodified at 17 Ill. Reg. 20006, effective November 3, 1993; amended at 18 Ill. Reg. 7788, effective May 9, 1994; amended at 20 Ill. Reg. 3861, effective February 14, 1996; amended at 22 Ill. Reg. 22069, effective December 2, 1998; emergency amendment at 24 Ill. Reg. 8403, effective June 2, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 15443, effective October 5, 2000; amended at 25 Ill. Reg. 6409, effective April 26, 2001; amended at 26 Ill. Reg. 15020, effective October 1, 2002; emergency amendment at 28 Ill. Reg. 398, effective December 22, 2003, for a maximum of 150 days; emergency expired May 19, 2004; amended at 28 Ill. Reg. 11925, effective July 26, 2004; amended at 30 Ill. Reg. 11377, effective June 14, 2006; amended at 31 Ill. Reg. 16008, effective November 16, 2007; amended at 33 Ill. Reg. 15811, effective October 27, 2009; amended at 34 Ill. Reg. 19099, effective November 22, 2010; amended at 37 Ill. Reg. 4295, effective March 20, 2013; amended at 37 Ill. Reg. 18893, effective November 5, 2013; amended at 38 Ill. Reg. 12566, effective July 1, 2014; amended at 42 Ill. Reg. 16056, effective August 3, 2018; amended at 43 Ill. Reg. 3857, effective March 8, 2019; emergency amendment at 44 Ill. Reg. 10021, effective May 21, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 11610, effective June 25, 2020, for the remainder of the 150 days.
Section 1060.270 Operations During COVID-19 Pandemic EMERGENCY
Notwithstanding any other provision of this Part, as a result of the COVID-19 emergency declared through the Gubernatorial Disaster Proclamations, the following procedures shall apply for the time periods specified in this Section:
ILLINOIS REGISTER 11614 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
a) Classroom instruction may be provided virtually, with either a live instructor or via pre-recorded sessions with an instructor, until such time as the region in which the driving training school is located reaches Phase 54 of the Restore Illinois plan released by Governor Pritzker's office on May 5, 2020, or through December 31, 2020, whichever occurs first. If a pre-recorded program is to be used, it must be submitted to the Department for approval. Content must be specific to Illinois laws and Rules of the Road.
1) The instruction must include all course content set forth in Section 1060.181.
2) A student who started classroom instruction virtually may be allowed to finish virtual classroom instruction even if the driving training school is located in a region that reaches Phase 4 or Phase 5 or December 31, 2020 before classroom instruction is concluded.
3) If pre-recorded instruction is used, the student may not be allowed to fast- forward through instruction or skip a classroom session. b) A driving training school may, but is not required to, resume in-person classroom instruction when the region in which the commercial driving school is located reaches Phase 3 of the Restore Illinois plan, so long as no more than 10 persons, inclusive of students and staff, are physically present in the classroom or upon reaching Phase 4 of the Restore Illinois plan so long as the school complies with Section 1060.181(b)(1)(C), under the following conditions:
1) Adherence to social distancing guidelines promulgated by the Illinois Department of Public Health (IDPH);
2) Face coverings must be worn by instructors and students, in accordance with IDPH safety guidance;
3) Hand sanitizer is available in the classroom;
4) A disposable mask is made available to all students upon request of the student;
ILLINOIS REGISTER 11615 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
5) Classrooms are sanitized between each class session, including the use of disinfectant on desks, door knobs, light switches, computers and related equipment such as the monitor, keyboard and mouse, and books; and
6) Adherence to all requirements of Phase 43 of the Restore Illinois plan. c) On January 1, 2021When the region in which a commercial driving school is located reaches Phase 4 of the Restore Illinois plan, in-person classroom instruction shall resume under the following conditions, if Phase 5 has not been reached prior to that date:
1) Adherence to social distancing guidelines promulgated by IDPH;
2) Face coverings must be worn by instructors and students, in accordance with IDPH safety guidance;
3) Hand sanitizer is available in the classroom;
4) A disposable mask is made available to all students upon request of the student;
5) Classrooms are sanitized between each class session, including the use of disinfectant on desks, door knobs, light switches, computers and related equipment such as the monitor, keyboard and mouse, and books; and
6) Adherence to all requirements of Phase 4 of the Restore Illinois plan. d) Behind-the-wheel instruction may resume when the region in which the commercial driving school reaches Phase 3 of the Restore Illinois plan, under the following conditions:
1) Face coverings must be worn by instructors and students, in accordance with IDPH safety guidance;
2) Hand sanitizer is available in the training vehicle;
3) A disposable mask is made available to all students upon request of the student;
ILLINOIS REGISTER 11616 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
4) Each student is limited to one hour of behind-the-wheel instruction per day;
5) Only the instructor and the student may be present in the training vehicle (no other students are allowed). If requested, a parent may be present in the training vehicle, seated in the back seat;
6) The commercial driver training school must obtain written consent from the student's parent or guardian (if the student is under the age of 18) to allow for the behind-the-wheel instruction with only the instructor being present in the vehicle;
7) The training vehicle must be sanitized before and after each lesson;
8) Instructors must wash hands or use hand sanitizer prior to starting any behind-the-wheel lesson and must wear a face covering during any interaction with the student;
9) Observation hours, as set forth in Section 1060.181(c)(2) are waived through August 31, 2020; and
10) Adherence to all requirements of Phase 3 of the Restore Illinois plan. e) A 12-month pilot program is hereby established that allows a commercial driver training school instructor to administer a road test to a student that successfully completes an approved driver education course.
1) A commercial driver training instructor must be approved by the Department to administer the road test. Only instructors with five continuous years of providing behind-the-wheel instruction to teens may be approved to administer the road test.
2) The road test route used by the commercial driving training instructor must be approved by the Department and must contain all the maneuvers included on a road test administered by Secretary of State employees.
3) A road test administered by a commercial driver training school instructor must be scored in the same manner as a road test administered by a Secretary of State employee.
ILLINOIS REGISTER 11617 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
4) Only vehicles listed on CDTS form 10-7, Insurance Certificate, may be used to administer a road test. f) All other provisions of this Part that have not been modified by this Section remain in full force and effect.
(Source: Added by emergency rulemaking at 44 Ill. Reg. 10021, effective May 21, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 11610, effective June 25, 2020, for the remainder of the 150 days.)
ILLINOIS REGISTER 11618 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
1) Heading of the Part: Rules of the Road – Persons with Disabilities Parking Program
2) Code Citation: 92 Ill. Adm. Code 1100
3) Section Number: Emergency Action: 1100.50 Repealed
4) Statutory Authority: 625 ILCS 5/2-104(b)
5) Effective Date of Emergency Rule being Repealed: March 17, 2020
6) Effective Date of Emergency Repeal of Emergency Rule: June 30, 2020
7) Date Filed with the Index Department: June 29, 2020
8) A copy of the Emergency Repeal of Emergency Rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.
9) Reason for Emergency: As the COVID-19 pandemic evolves, the Secretary of State continues to review its processes and procedures, as well as emergency rules that have been previously filed, to ensure the needs of the agency and the public are best met. Revised emergency rules in accordance with recent PA 101-640 are being filed.
10) Are there any rulemakings to this Part pending? No
11) Information and questions regarding this emergency rule shall be directed to:
Brenda Glahn Senior Legal Advisor 298 Howlett Building Springfield IL 62756
The full text of the Emergency Repeal of Emergency Amendment begins on the next page:
ILLINOIS REGISTER 11619 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE
TITLE 92: TRANSPORTATION CHAPTER II: SECRETARY OF STATE
PART 1100 RULES OF THE ROAD − PERSONS WITH DISABILITIES PARKING PROGRAM
Section 1100.5 Definitions 1100.10 Application Procedures for Plates and Decals or Devices 1100.15 Authorized Issuing Agents for Person with Disabilities Parking Decals or Devices 1100.20 Person with Disabilities Parking Decals or Devices 1100.25 Random Professional License Number Checks with the Department of Financial and Professional Regulation 1100.30 Corporations, School Districts and Special Education Cooperatives 1100.35 Revocation of Plates and Decals or Devices 1100.40 Revocation Authority for Plates and Decals or Devices (Repealed) 1100.50 Extension of Expiration Dates (Repealed) EMERGENCY
AUTHORITY: Implementing and authorized by Sections 2-104(b) and 3-616 of the Illinois Vehicle Title and Registration Law and Section 11-1301.2 of the Illinois Rules of the Road [625 ILCS 5].
SOURCE: Adopted at 4 Ill. Reg. 11, p. 74, effective February 29, 1980; codified at 6 Ill. Reg. 12703; amended at 9 Ill. Reg. 12868, effective August 2, 1985; amended at 12 Ill. Reg. 8448, effective May 2, 1988; old Part repealed and new Part adopted at 22 Ill. Reg. 2280, effective January 1, 1998; amended at 30 Ill. Reg. 917, effective January 6, 2006; amended at 37 Ill. Reg. 19866, effective November 27, 2013; emergency amendment at 44 Ill. Reg. 5847, effective March 17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 6658, effective April 9, 2020, for the remainder of the 150 days; emergency amendment effective March 17, 2020, as amended April 9, 2020, repealed at 44 Ill. Reg. 11618, effective June 30, 2020.
Section 1100.50 Extension of Expiration Dates (Repealed) EMERGENCY
Pursuant to the powers vested in him by Section 2-104(b) of the Illinois Vehicle Code, and pursuant to the provisions of Executive Order No. 2020-08 issued on March 17, 2020, and Executive Order No. 2020-18, issued April 1, 2020, the Secretary of State hereby extends for the
ILLINOIS REGISTER 11620 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF EMERGENCY REPEAL OF EMERGENCY RULE duration of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, as extended by subsequent disaster proclamations, and for a period of 90 days thereafter the expiration dates of any person with disabilities motorist decal or device which expires on or after March 17, 2020, issued pursuant to Sec. 11-1301.2 of the Illinois Vehicle Code. This extension period may be rescinded by the Secretary of State through the adoption of an emergency rule.
(Source: Added by emergency rulemaking at 44 Ill. Reg. 5847, effective March 17, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule at 44 Ill. Reg. 6658, effective April 9, 2020, for the remainder of the 150 days; repealed by emergency rulemaking at 44 Ill. Reg. 11618, effective June 30, 2020)
ILLINOIS REGISTER 11621 20 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENTS
1) Heading of the Part: Licensing Standards for Day Care Centers
2) Code Citation: 89 Ill. Adm. Code 407
3) Section Number: Proposed Action: 407.600 Amendment 407.605 Amendment 407.610 Repealed
4) Date Notice of Proposed Amendments published in the Illinois Register: 44 Ill. Reg. 10849, June 26, 2020
5) Reason for the Withdrawal: A second emergency amendment to emergency rule was adopted June 24, 2020 and is published in this Register. As this earlier proposed rulemaking is no longer consistent with the Department's current policy as reflected in the amended emergency rule, it is being withdrawn and will be replaced at a later date.
ILLINOIS REGISTER 11622 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENTS
1) Heading of the Part: Political Subdivision Emergency Services and Disaster Agencies
2) Code Citation: 29 Ill. Adm. Code 301
3) Section Numbers: Proposed Actions: 301.125 New Section 301.450 Amendment 301.510 Amendment 301.520 Amendment
4) Date Notice of Proposed Amendments published in the Illinois Register: 44 Ill. Reg. 10333; June 19, 2020
5) Reason for the Withdrawal: Incorrect Register pages were filed and published.
ILLINOIS REGISTER 11623 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT
1) Heading of the Part: Merit Commission
2) Code Citation: 80 Ill. Adm. Code 50
3) Section Number: Proposed Action: 50.150 New Section
4) Date Notice of Proposed Amendments Published in the Illinois Register: 44 Ill. Reg. 5724; April 3, 2020
5) Reason for the Withdrawal: As the COVID-19 pandemic evolves, the Secretary of State continues to review its processes and procedures, as well as emergency and proposed rules that have been previously filed, to ensure the needs of the agency and the public are best met. Revised proposed rules in accordance with recent PA 101-640 are being filed.
ILLINOIS REGISTER 11624 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT
1) Heading of the Part: Procedures and Standards
2) Code Citation: 92 Ill. Adm. Code 1001
3) Section Number: Proposed Action: 1001.800 New Section
4) Date Notice of Proposed Amendments Published in the Illinois Register: 44 Ill. Reg. 5726; April 3, 2020
5) Reason for the Withdrawal: As the COVID-19 pandemic evolves, the Secretary of State continues to review its processes and procedures, as well as emergency and proposed rules that have been previously filed, to ensure the needs of the agency and the public are best met. Revised proposed rules in accordance with recent PA 101-640 are being filed.
ILLINOIS REGISTER 11625 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT
1) Heading of the Part: Certificates of Title, Registration of Vehicles
2) Code Citation: 92 Ill. Adm. Code 1010
3) Section Number: Proposed Action: 1010.630 New Section
4) Date Notice of Proposed Amendments Published in the Illinois Register: 44 Ill. Reg. 5728; April 3, 2020
5) Reason for the Withdrawal: As the COVID-19 pandemic evolves, the Secretary of State continues to review its processes and procedures, as well as emergency and proposed rules that have been previously filed, to ensure the needs of the agency and the public are best met. Revised proposed rules in accordance with recent PA 101-640 are being filed.
ILLINOIS REGISTER 11626 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT
1) Heading of the Part: Issuance of Licenses
2) Code Citation: 92 Ill. Adm. Code 1030
3) Section Number: Proposed Action: 1030.160 New Section
4) Date Notice of Proposed Amendments Published in the Illinois Register: 44 Ill. Reg. 5730; April 3, 2020
5) Reason for the Withdrawal: As the COVID-19 pandemic evolves, the Secretary of State continues to review its processes and procedures, as well as emergency and proposed rules that have been previously filed, to ensure the needs of the agency and the public are best met. Revised proposed rules in accordance with recent PA 101-640 are being filed.
ILLINOIS REGISTER 11627 20 OFFICE OF THE SECRETARY OF STATE
NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT
1) Heading of the Part: Rules of the Road – Persons with Disabilities Parking Program
2) Code Citation: 92 Ill. Adm. Code 1100
3) Section Number: Proposed Action: 1100.50 New Section
4) Date Notice of Proposed Amendments Published in the Illinois Register: 44 Ill. Reg. 5732; April 3, 2020
5) Reason for the Withdrawal: As the COVID-19 pandemic evolves, the Secretary of State continues to review its processes and procedures, as well as emergency and proposed rules that have been previously filed, to ensure the needs of the Agency and the public are best met. Revised proposed rules in accordance with recent PA 101-640 are being filed.
ILLINOIS REGISTER 11628 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
MICHAEL A. BILANDIC BUILDING ROOM 600C CHICAGO, ILLINOIS JULY 16, 2020 11:00 a.m.
NOTICE: It is the policy of the Committee to allow only representatives of State agencies to testify orally on any rule under consideration at Committee hearings. If members of the public wish to express their views with respect to a proposed rule, they should submit written comments to the Office of the Joint Committee on Administrative Rules at the following address:
Joint Committee on Administrative Rules 700 Stratton Office Building Springfield, Illinois 62706
RULEMAKINGS SCHEDULED FOR JCAR REVIEW
The following rulemakings are scheduled for review at this meeting. JCAR staff may be proposing action with respect to some of these rulemakings. JCAR members may have questions concerning, and may initiate action with respect to, any item scheduled for JCAR review and any other issues within the Committee's purview.
PROPOSED RULEMAKINGS
Education
1. Early Childhood Block Grant (23 Ill. Adm. Code 235) -First Notice Published: 44 Ill. Reg. 1461 – 1/17/20 -Expiration of Second Notice: 7/23/20
2. Student Records (23 Ill. Adm. Code 375) -First Notice Published: 44 Ill. Reg. 2718 – 2/14/20 -Expiration of Second Notice: 7/23/20
3. Charter Schools (23 Ill. Adm. Code 650) -First Notice Published: 44 Ill. Reg. 2729 – 2/14/20 -Expiration of Second Notice: 7/23/20
Employment Security
ILLINOIS REGISTER 11629 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
4. Payment of Unemployment Contributions, Interest and Penalties (56 Ill. Adm. Code 2765) -First Notice Published: 44 Ill. Reg. 5971 – 4/17/20 -Expiration of Second Notice: 7/16/20
Financial and Professional Regulation
5. The Illinois Speech-Language Pathology and Audiology Practice Act (68 Ill. Adm. Code 1465) -First Notice Published: 44 Ill. Reg. 55 – 1/3/20 -Expiration of Second Notice: 8/2/20
Gaming Board
6. Riverboat and Casino Gambling (86 Ill. Adm. Code 3000) -First Notice Published: 44 Ill. Reg. 5974 – 4/17/20 -Expiration of Second Notice: 8/8/20
7. Riverboat and Casino Gambling (86 Ill. Adm. Code 3000) -First Notice Published: 44 Ill. Reg. 6205 – 4/24/20 -Expiration of Second Notice: 8/7/20
Healthcare and Family Services
8. Medical Payment (89 Ill. Adm. Code 140) -First Notice Published: 44 Ill. Reg. 5560 – 4/3/20 -Expiration of Second Notice: 8/12/20
9. Medical Payment (89 Ill. Adm. Code 140) -First Notice Published: 44 Ill. Reg. 4288 – 3/20/20 -Expiration of Second Notice: 7/17/20
Human Services
10. Early Intervention Program (89 Ill. Adm. Code 500) -First Notice Published: 44 Ill. Reg. 3836 – 3/13/20 -Expiration of Second Notice: 8/6/20
Insurance
11. Prior Notification of Dividends or Distributions (50 Ill. Adm. Code 1305)
ILLINOIS REGISTER 11630 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
-First Notice Published: 44 Ill. Reg. 3039 – 2/21/20 -Expiration of Second Notice: 7/29/20
12. Unfair Discrimination Based on Sex, Sexual Orientation, Gender Identity or Marital Status (50 Ill. Adm. Code 2603) -First Notice Published: 43 Ill. Reg. 14987 – 12/27/19 -Expiration of Second Notice: 8/6/20
Liquor Control Commission
13. The Illinois Liquor Control Commission (11 Ill. Adm. Code 100) -First Notice Published: 43 Ill. Reg. 14571 – 12/20/19 -Expiration of Second Notice: 7/17/20
Revenue
14. Retailers' Occupation Tax (86 Ill. Adm. Code 130) -First Notice Published: 44 Ill. Reg. 485 – 1/10/20 -Expiration of Second Notice: 8/7/20
15. Use Tax (86 Ill. Adm. Code 150) -First Notice Published: 44 Ill. Reg. 487 – 1/10/20 -Expiration of Second Notice: 8/7/20
Secretary of State
16. Statements of Economic Interests (2 Ill. Adm. Code 565) -First Notice Published: 44 Ill. Reg. 5708 – 4/3/20 -Expiration of Second Notice: 8/6/20
17. Uniform Commercial Code (14 Ill. Adm. Code 180) -First Notice Published: 44 Ill. Reg. 5720 – 4/3/20 -Expiration of Second Notice: 8/9/20
State Fire Marshal
18. Boiler and Pressure Vessel Safety (41 Ill. Adm. Code 2120) -First Notice Published: 44 Ill. Reg. 4749 – 3/27/20 -Expiration of Second Notice: 7/16/20
State Universities Retirement System
ILLINOIS REGISTER 11631 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
19. Universities Retirement (80 Ill. Adm. Code 1600) -First Notice Published: 44 Ill. Reg. 4559 – 3/20/20 -Expiration of Second Notice: 7/16/20
EMERGENCY RULEMAKINGS
Children and Family Services
20. Licensing Standards for Day Care Homes (89 Ill. Adm. Code 406) -44 Ill. Reg. 10161; effective 5/29/20 -Emergency Expires: 10/25/20
21. Licensing Standards for Day Care Centers (89 Ill. Adm. Code 407) -44 Ill. Reg. 10170; effective 5/29/20 -Emergency Expires: 10/25/20
22. Licensing Standards for Group Day Care Homes (89 Ill. Adm. Code 408) -44 Ill. Reg. 10184; effective 5/29/20 -Emergency Expires: 10/25/20
Emergency Management Agency
23. Political Subdivision Emergency Services and Disaster Agencies (29 Ill. Adm. Code 301) -44 Ill. Reg. 10814; effective 6/8/20 -Emergency Expires: 11/4/20
Gaming Board
24. Video Gaming (General) (11 Ill. Adm. Code 1800) -44 Ill. Reg. 10193; effective 5/27/20 -Emergency Expires: 10/23/20
25. Video Gaming (General) (11 Ill. Adm. Code 1800) -44 Ill. Reg. 11104; effective 6/15/20 -Emergency Expires: 11/11/20
Labor
26. Illinois Child Labor Law (56 Ill. Adm. Code 250) -44 Ill. Reg. 10210; effective 5/29/20
ILLINOIS REGISTER 11632 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
-Emergency Expires: 10/25/20
Public Health
27. Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300) -44 Ill. Reg. 10217; effective 5/28/20 -Emergency Expires: 10/24/20
PEREMPTORY RULEMAKING
Central Management Services
28. Pay Plan (80 Ill. Adm. Code 310) -44 Ill. Reg. 10232; effective 5/28/20
AGENCY RESPONSE
Environmental Protection Agency
29. Public Participation in the Air Pollution Control Permit Program (35 Ill. Adm. Code 252) -First Notice Published: 43 Ill. Reg. 07028 − 6/21/20 -Agency Response: Agree
ILLINOIS REGISTER 11633 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
SECOND NOTICES RECEIVED
The following second notices were received during the period of June 23, 2020 through June 29, 2020. SOS, DHS, IGB, DOR and HFS rulemakings are scheduled for the July 14, 2020 meeting; the PCB rulemakings are scheduled for the August 11, 2020 meeting. Other items not contained in this published list may also be considered. Members of the public wishing to express their views with respect to a rulemaking should submit written comments to the Committee at the following address: Joint Committee on Administrative Rules, 700 Stratton Bldg., Springfield IL 62706.
Second Start JCAR Notice of First Meeting Expires Agency and Rule Notice
8/6/20 Secretary of State, Statements of Economic 4/3/20 7/14/20 Interests (2 Ill. Adm. Code 565) 44 Ill. Reg. 5708
8/6/20 Department of Human Services, Early 3/13/20 7/14/20 Intervention Program (89 Ill. Adm. Code 44 Ill. Reg. 500) 3836
8/7/20 Illinois Gaming Board, Riverboat and 4/24/20 7/14/20 Casino Gambling (86 Ill. Adm. Code 3000) 44 Ill. Reg. 6205
8/7/20 Department of Revenue, Retailers' 1/10/20 7/14/20 Occupation Tax (86 Ill. Adm. Code 130) 44 Ill. Reg. 485
8/7/20 Department of Revenue, Use Tax (86 Ill. 1/10/20 7/14/20 Adm. Code 150) 44 Ill. Reg. 487
8/8/20 Illinois Gaming Board, Riverboat and 4/17/20 7/14/20 Casino Gambling (86 Ill. Adm. Code 3000) 44 Ill. Reg. 5974
8/9/20 Secretary of State, Uniform Commercial 4/3/20 7/14/20 Code (14 Ill. Adm. Code 180) 44 Ill. Reg. 5720
ILLINOIS REGISTER 11634 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
SECOND NOTICES RECEIVED
8/12/20 Department of Healthcare and Family 4/3/20 7/14/20 Services, Medical Payment (89 Ill. Adm. 44 Ill. Reg. Code 140) 5560
8/12/20 Pollution Control Board, General Rules (35 3/20/20 8/11/20 Ill. Adm. Code 101) 44 Ill. Reg. 4316
8/12/20 Pollution Control Board, Appeals of Final 3/20/20 8/11/20 Decisions of State Agencies (35 Ill. Adm. 44 Ill. Reg. Code 105) 4347
8/12/20 Pollution Control Board, Major Stationary 3/20/20 8/11/20 Sources Construction and Modification (35 44 Ill. Reg. Ill. Adm. Code 203) 4367
8/12/20 Pollution Control Board, Prevention of 3/20/20 8/11/20 Significant Deterioration (35 Ill. Adm. 44 Ill. Reg. Code 204) 4375
8/12/20 Pollution Control Board, Definitions and 3/20/20 8/11/20 General Provisions (35 Ill. Adm. Code 211) 44 Ill. Reg. 4463
8/12/20 Pollution Control Board, Organic Material 3/20/20 8/11/20 Emission Standards and Limitations (35 Ill. 44 Ill. Reg. Adm. Code 215) 4487
ILLINOIS REGISTER 11635 20 DEPARTMENT ON AGING
JANUARY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): Americans With Disabilities Act and Civil Rights Program Grievance Procedure (4 Ill. Adm. Code 1725)
1) Rulemaking:
A) Description: In Section 1725.10 and Appendix A, the Department on Aging will correct the address listings for its central office location in Springfield, Illinois. Notifications and service using electronic means, including email, and methods when the department cannot confirm delivery via electronic notification and/or service will also be addressed as set out in the Illinois Administrative Procedure Act [5 ILCS 100].
B) Statutory Authority: 20 ILCS 105/4.01(11); 5 ILCS 100
C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled or anticipated.
D) Date Agency anticipates First Notice: The Department on Aging anticipates filing this proposed rulemaking project during the next six months of this year.
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Jason Jordan Deputy General Counsel Illinois Department on Aging One Natural Resources Way, Suite 100 Springfield IL 62702-1271
217/720-4041 [email protected]
G) Related rulemakings and other pertinent information: None b) Part (Heading and Code Citation): General Grantmaking (AGE) (44 Ill. Adm. Code 7020)
ILLINOIS REGISTER 11636 20 DEPARTMENT ON AGING
JANUARY 2020 REGULATORY AGENDA
1) Rulemaking:
A) Description: The Department on Aging has reserved and will add Part 7020 to reflect Grant Accountability and Transparency Act required rulemaking unique to the Department.
B) Statutory Authority: 30 ILCS 708
C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled or anticipated.
D) Date Agency anticipates First Notice: The Department on Aging anticipates filing this proposed rulemaking project during the next six months of this year.
E) Effect on small businesses, small municipalities or not-for-profit corporations: The Department does not anticipate an effect upon small businesses, small municipalities or not-for-profit corporations.
F) Agency contact person for information:
Jason Jordan Deputy General Counsel Illinois Department on Aging One Natural Resources Way, Suite 100 Springfield IL 62702-1271
217/720-4041 [email protected]
G) Related rulemakings and other pertinent information: None c) Part (Heading and Code Citation): General Programmatic Requirements (89 Ill. Adm. Code 220)
1) Rulemaking:
ILLINOIS REGISTER 11637 20 DEPARTMENT ON AGING
JANUARY 2020 REGULATORY AGENDA
A) Description: Part 220 will be amended or repealed as necessary to: (1) update outdated language or provisions to provide consistency throughout the rulemaking; (2) correct the address listing in Section 220.503 for the central office location of the Department in Springfield, Illinois. Notifications and service using electronic means, including email, and methods when the department cannot confirm delivery via electronic notification and/or service will also be addressed as set out in the Illinois Administrative Procedure Act [5 ILCS 100]; and (3) update appeals and hearing process.
B) Statutory Authority: 20 ILCS 105/4, 4.01(4), 4.01(11), and 4.02; 5 ILCS 100
C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled or anticipated.
D) Date Agency anticipates First Notice: The Department on Aging anticipates filing this proposed rulemaking project during the next six months of this year.
E) Effect on small businesses, small municipalities or not-for-profit corporations: The Department does not anticipate an effect upon small businesses, small municipalities or not-for-profit corporations.
F) Agency contact person for information:
Jason Jordan Deputy General Counsel Illinois Department on Aging One Natural Resources Way, Suite 100 Springfield IL 62702-1271
217/720-4041 [email protected]
G) Related rulemakings and other pertinent information: None d) Part (Heading and Code Citation): Older Americans Act Programs (89 Ill. Adm. Code 230)
ILLINOIS REGISTER 11638 20 DEPARTMENT ON AGING
JANUARY 2020 REGULATORY AGENDA
1) Rulemaking:
A) Description: Part 230 will be amended as necessary to (1) update outdated language or provisions to provide consistency throughout the rulemaking; (2) update statutory citations; (3) update provisions to reflect changes in the federal Older Americans Act. Notifications and service using electronic means, including email, and methods when the department cannot confirm delivery via electronic notification and/or service will also be addressed as set out in the Illinois Administrative Procedure Act [5 ILCS 100]; (4) update appeals and hearing process; and (5) update outdated language and provisions for providers of nutrition services.
B) Statutory Authority: 20 ILCS 105/4.01; 5 ILCS 100
C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled or anticipated.
D) Date Agency anticipates First Notice: The Department on Aging anticipates filing this proposed rulemaking project during the next six months of this year.
E) Effect on small businesses, small municipalities or not-for-profit corporations: Entities include congregate meal providers, home-delivered meal providers, and Area Agencies on Aging for the Department.
F) Agency contact person for information:
Jason Jordan Deputy General Counsel Illinois Department on Aging One Natural Resources Way, Suite 100 Springfield IL 62702-1271
217/720-4041 [email protected]
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11639 20 DEPARTMENT ON AGING
JANUARY 2020 REGULATORY AGENDA e) Part (Heading and Code Citation): Community Care Program (89 Ill. Adm. Code 240)
1) Rulemaking:
A) Description: Part 240 will be amended as necessary in order to (1) update provisions to reflect federal regulations regarding the 1915(c) Medicaid Persons who are Elderly Waiver including provisions for termination and reduction of services; (2) revise provisions once the Department on Aging formally incorporates person-centered planning into the care coordination process; (3) update provisions regarding conflicts and the appeals process to improve health, safety, and welfare of program participants; (4) add new subsections to Section 240.260 (care coordination service) that outline intensive casework and intensive monitoring to align with person- centered care coordination; (5) review and address as needed the issues raised by commenters that were outside of the scope of the person- centered planning rulemaking process; (6) propose amendments to sections related to participants' applications and requests for services; (7) propose amendments to add falls prevention options to emergency home response service (EHRS); (8) propose updates to the participant financial eligibility criteria; (9) propose amendments to clean up words/phrases for consistency throughout the rules, including outdated citations and language. Notifications and service using electronic means, including email, and methods when the department cannot confirm delivery via electronic notification and/or service will also be addressed as set out in the Illinois Administrative Procedure Act [5 ILCS 100].
B) Statutory Authority: 20 ILCS 105/4.01(11) and 4.02; 5 ILCS 100
C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled or anticipated.
D) Date Agency anticipates First Notice: The Department on Aging anticipates filing this proposed rulemaking project during the next six months of this year.
E) Effect on small businesses, small municipalities or not-for-profit corporations: Entities serving as In-Home Service (INH) Provider Agencies, Care Coordination Units (CCUs), Adult Day Service (ADS) Provider Agencies, Emergency Home Response Service (EHRS) Provider
ILLINOIS REGISTER 11640 20 DEPARTMENT ON AGING
JANUARY 2020 REGULATORY AGENDA
Agencies, Automated Medication Dispenser (AMD) Provider Agencies, and the Area Agencies on Aging (AAAs) for the Department on Aging under the Community Care Program.
F) Agency contact person for information:
Jason Jordan Deputy General Counsel Illinois Department on Aging One Natural Resources Way, Suite 100 Springfield IL 62702-1271
217/720-4041 [email protected]
G) Related rulemakings and other pertinent information: None f) Part (Heading and Code Citation): Introduction (89 Ill. Adm. Code 210)
1) Rulemaking:
A) Description: Part 210 will be amended to update language implementing PA 101-325, which revised the definition of "greatest social need" in the Illinois Act on Aging [20 ILCS 105/3.11].
B) Statutory Authority: PA 101-325 and as authorized by 20 ILCS 105/4, 4.01(4), 4.01(11), and 4.02; 5 ILCS 100
C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled or anticipated.
D) Date Agency anticipates First Notice: The Department on Aging anticipates filing this proposed rulemaking project during the next six months of this year.
E) Effect on small businesses, small municipalities or not-for-profit corporations: The Department does not anticipate an effect upon small businesses, small municipalities or not-for-profit corporations.
ILLINOIS REGISTER 11641 20 DEPARTMENT ON AGING
JANUARY 2020 REGULATORY AGENDA
F) Agency contact person for information:
Jason Jordan Deputy General Counsel Illinois Department on Aging One Natural Resources Way, Suite 100 Springfield IL 62702-1271
217/720-4041 [email protected]
G) Related rulemakings and other pertinent information: None g) Part (Heading and Code Citation): Adult Protection and Advocacy Series (89 Ill. Adm. Code 270)
1) Rulemaking:
A) Description: Part 270 will be updated by proposing amendments to: (1) the subject matter that may be reviewed by Fatality Review Teams; (2) expand collaboration with law enforcement; (3) notification and registry process; (4) update definitions; (5) time frames for investigative documentation; (6) educational requirements for case workers.
B) Statutory Authority: 20 ILCS 105/4, 4.01(4), and 4.01(11); 320 ILCS 20/3, 4, 6, 7.5, 10, 15(g); 5 ILCS 100
C) Scheduled meeting/hearing dates: No meetings or hearings are scheduled or anticipated.
D) Date Agency anticipates First Notice: The Department on Aging anticipates filing this proposed rulemaking project during the next six months of this year.
E) Effect on small businesses, small municipalities or not-for-profit corporations: The Department does not anticipate an effect upon small businesses, small municipalities or not-for-profit corporations.
F) Agency contact person for information:
ILLINOIS REGISTER 11642 20 DEPARTMENT ON AGING
JANUARY 2020 REGULATORY AGENDA
Jason Jordan Deputy General Counsel Illinois Department on Aging One Natural Resources Way, Suite 100 Springfield IL 62702-1271
217/720-4041 [email protected]
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11643 20 CAPITAL DEVELOPMENT BOARD
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): Grant Agreement Procedures (71 Ill. Adm. Code 41)
1) Rulemaking:
A) Description: Amendments are needed to update the rules to reflect current law and practices. This includes the adoption of the Code of Federal Regulation pursuant to the Grant Accountability and Transparency Act [30 ILCS 708/50]. Other technical revisions may also be made.
B) Statutory Authority: Section 9.06 of the Capital Development Board Act [20 ILCS 3105/9.06] and Section 50 of the Grant Accountability and Transparency Act [30 ILCS 708/50].
C) Scheduled meeting/hearing dates: No hearings or meetings have been scheduled.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: This rulemaking may affect not-for-profit corporations seeking a grant from the Capital Development Board.
F) Agency contact person for information:
Capital Development Board Attn: Lauren Noll 401 S. Spring Street Stratton Building, 3rd Floor Springfield IL 62706
217/782-0700 [email protected]
G) Related rulemakings and other pertinent information: None b) Part (Heading and Code Citation): Community Health Center Construction (71 Ill. Adm. Code 42)
1) Rulemaking:
ILLINOIS REGISTER 11644 20 CAPITAL DEVELOPMENT BOARD
JULY 2020 REGULATORY AGENDA
A) Description: Amendments are needed to update the rules to reflect current law and practices. This includes the adoption of the Code of Federal Regulation pursuant to the Grant Accountability and Transparency Act [30 ILCS 708/50]. Other technical revisions may also be made.
B) Statutory Authority: Community Health Center Construction Act [30 ILCS 766] and Section 50 of the Grant Accountability and Transparency Act [30 ILCS 708/50].
C) Scheduled meeting/hearing dates: No hearings or meetings have been scheduled.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: This rulemaking may affect not-for-profit health centers seeking a grant from the Capital Development Board.
F) Agency contact person for information:
Capital Development Board Attn: Lauren Noll 401 S. Spring Street Stratton Building, 3rd Floor Springfield IL 62706
217/782-0700 [email protected]
G) Related rulemakings and other pertinent information: None c) Part (Heading and Code Citation): Early Childhood Construction Grant Rules (71 Ill. Adm. Code 43)
1) Rulemaking:
A) Description: Amendments are needed to update the rules to reflect current law and practices. This includes the adoption of the Code of Federal
ILLINOIS REGISTER 11645 20 CAPITAL DEVELOPMENT BOARD
JULY 2020 REGULATORY AGENDA
Regulation pursuant to the Grant Accountability and Transparency Act [30 ILCS 708/50]. Other technical revisions may also be made.
B) Statutory Authority: Section 5-300 of the School Construction Law [105 ILCS 230/5-300] and Section 50 of the Grant Accountability and Transparency Act [30 ILCS 708/50].
C) Scheduled meeting/hearing dates: No hearings or meetings have been scheduled.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: This rulemaking may affect not-for-profit early childcare providers seeking a grant from the Capital Development Board.
F) Agency contact person for information:
Capital Development Board Attn: Lauren Noll 401 S. Spring Street Stratton Building, 3rd Floor Springfield IL 62706
217/782-0700 [email protected]
G) Related rulemakings and other pertinent information: None d) Part (Heading and Code Citation): Hospital and Healthcare Transformation Capital Investment Grant Program (71 Ill. Adm. Code 44)
1) Rulemaking:
A) Description: This Part will include rules required by PA 101-10 which amends the Capital Development Board Act [20 ILCS 3105/20] to create a Hospital and Healthcare Transformation Capital Investment Grant Program. The rules will specify the manner of applying for grants, grantee eligibility requirements, project eligibility requirements, restrictions on the
ILLINOIS REGISTER 11646 20 CAPITAL DEVELOPMENT BOARD
JULY 2020 REGULATORY AGENDA
use of grant moneys, and the manner in which grantees must account for the use of grant moneys, among other things.
B) Statutory Authority: Section 20 of the Capital Development Board Act [20 ILCS 3105/20] and Section 50 of the Grant Accountability and Transparency Act [30 ILCS 708/50].
C) Scheduled meeting/hearing dates: No hearings or meetings have been scheduled.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: This rulemaking may affect not-for-profit hospitals and other qualified healthcare providers seeking a grant from the Capital Development Board.
F) Agency contact person for information:
Capital Development Board Attn: Lauren Noll 401 S. Spring Street Stratton Building, 3rd Floor Springfield IL 62706
217/782-0700 [email protected]
G) Related rulemakings and other pertinent information: None e) Part (Heading and Code Citation): Selection of Architects/Engineers (A/E) (44 Ill. Adm. Code 1000)
1) Rulemaking:
A) Description: Amendments are needed to remove Sections of the rules that are duplicitous to the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act [30 ILCS 535], and to update the rules to reflect current law and practices, including changing references from
ILLINOIS REGISTER 11647 20 CAPITAL DEVELOPMENT BOARD
JULY 2020 REGULATORY AGENDA
female owned businesses to woman owned business to reflect amendments to the Business Enterprise for Minorities, Women, and Persons with Disabilities Act [30 ILCS 575], and adding language regarding the use of veteran owned businesses. Other technical revisions may also be made.
B) Statutory Authority: Sections 9.06 and 16 of the Capital Development Board Act [20 ILCS 3105], Section 1-15.25 and Article 30 of the Illinois Procurement Code [30 ILCS 500], and Section 20 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act [30 ILCS 535].
C) Scheduled meeting/hearing dates: No hearings or meetings have been scheduled.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: The Agency does not anticipate this rulemaking to affect these entities.
F) Agency contact person for information:
Capital Development Board Attn: Lauren Noll 401 S. Spring Street Stratton Building, 3rd Floor Springfield IL 62706
217/782-0700 [email protected]
G) Related rulemakings and other pertinent information: None f) Part (Heading and Code Citations): Selection of Design-Build Entities (44 Ill. Adm. Code 1030)
1) Rulemaking:
ILLINOIS REGISTER 11648 20 CAPITAL DEVELOPMENT BOARD
JULY 2020 REGULATORY AGENDA
A) Description: This Part will be updated to remove duplicitous language, to add clarification as to when evaluation of the proposals begins, to update inactive website addresses, correct the title of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act to reflect recent amendments, and to add language on the Design-Build Selection Process when the two-step evaluation process is combined into one step pursuant to 30 ILCS 537/35. Other technical revisions may also be made.
B) Statutory Authority: The Design-Build Procurement Act [30 ILCS 537], Sections 9.06 and 16 of the Capital Development Board Act [20 ILCS 3105], and Section 1-15.25 and Article 30 of the Illinois Procurement Code [30 ILCS 500].
C) Scheduled meeting/hearing dates: No hearings or meetings have been scheduled.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: The Agency does not anticipate this rulemaking to affect these entities.
F) Agency contact person for information:
Capital Development Board Attn: Lauren Noll 401 S. Spring Street Stratton Building, 3rd Floor Springfield IL 62706
217/782-0700 [email protected]
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11649 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citations): Pay Plan 80 Ill. Adm. Code 310
1) Rulemaking: Proposed Amendments
A) Description: Projected amendments to the Department of Central Management Services' Pay Plan include revisions to the following sections:
In Section 310.47, the revisions are to in-hiring rates based on bargaining unit agreements, trainee programs, or the Director of Central Management Services decision.
In Section 310.410, the revisions are to include MS-salary range assignments to newly established classifications, or to existing classifications when bargaining unit negotiations are complete, or when the Illinois Labor Relations Board issues a decision regarding bargaining unit representation.
In section 310.480, the revisions are expected to better align existing Pay Plan provisions to the policy guidance accompanying the passage of the Equal Pay Act.
In various sections, the revisions are to include policy provisions changed when the Illinois Labor Relations Board issues a decision regarding bargaining unit representation or when a court issues a decision.
In various sections, the revisions are to classifications established, revised, or abolished with the approval of the Civil Service Commission.
In various sections, the revisions are to the format of the Pay Plan to reduce duplicate information and provide easier access to information contained within the Pay Plan.
In various sections, the revisions are to align the Pay Plan with procedural changes expected due to implementation of an enterprise-wide human capital management (IT personnel software) system.
B) Statutory Authority: Authorized by Sections 8, 8a and 9(7) of the Personnel Code [20 ILCS 415/8, 20 ILCS 415/8a, 20 ILCS 415/8c, 20
ILLINOIS REGISTER 11650 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2020 REGULATORY AGENDA
ILCS 415/8e, 20 ILCS 415/9(7) and 20 ILCS 415/9(14)], subsection (d) of Section 1‑5 of the Illinois Administrative Procedure Act [5 ILCS 100/1- 5(d)] and by Sections 4, 6, 15 and 21 of the Illinois Public Labor Relations Act [5 ILCS 315/4, 5 ILCS 315/6, 5 ILCS 315/15 and 5 ILCS 315/21].
C) Scheduled meeting/hearing dates: Interested persons may send specific criticisms, suggestions, and/or comments to the Department of Central Management Services in writing during the First Notice Period of the Pay Plan amendments.
D) Date Agency anticipates First Notice: Proposed amendments based on new, revised, or abolished classifications will be filed as the classification actions are approved by the Civil Service Commission.
Proposed amendments for the other revisions will be filed as the policies are prepared by the Director of Central Management Services after consultation with operating agency heads and the Director of the Governor's Office of Management and Budget and approved by the Governor.
E) Effect on small businesses, small municipalities or not-for-profit corporations: These amendments to the Pay Plan pertain only to state employees subject to the Personnel Code under the Governor. They do not set out guidelines that are to be followed by local or other jurisdictional bodies within the State.
F) Agency contact person for information:
Lisa Fendrich Compensation Section Division of Technical Services Bureau of Personnel Department of Central Management Services 504 William G. Stratton Building 401 South Spring Street Springfield IL 62706
217/782-7976 fax: 217/524-4570
ILLINOIS REGISTER 11651 20 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
JULY 2020 REGULATORY AGENDA
G) Related rulemakings and other pertinent information: Other amendments may be necessary based on emergent issues regarding state employee salary rates and policies.
ILLINOIS REGISTER 11652 20 CHIEF PROCUREMENT OFFICER FOR THE CAPITAL DEVELOPMENT BOARD
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): Chief Procurement Officer for the Capital Development Board (44 Ill. Adm. Code 8)
1) Rulemaking:
A) Description: The Chief Procurement Officer for the Capital Development Board anticipates amendments to address legislative changes made by the 100th General Assembly.
B) Statutory Authority: 30 ILCS 500
C) Scheduled meeting/hearing dates: None have been scheduled.
D) Date Agency anticipates First Notice: October 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: The proposals may affect small businesses that contract with the State of Illinois.
F) Agency contact person for information:
Arthur Moore Chief Procurement Officer Chief Procurement Office for Capital Development Board 401 S. Spring Street Room 318 Stratton Office Building Springfield IL 62706
217/558-2156
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11653 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): Registration and Operator Requirements for Radiation Installations (32 Ill. Adm. Code 320)
1) Rulemaking: Proposed Amendment
A) Description: The Agency will propose amendments to update categories and requirements to coincide with the appropriate public safety level.
B) Statutory Authority: Implementing and authorized by Sections 24.7, 25 and 25.1 of the Radiation Protection Act of 1990 [420 ILCS 40/24.7, 25 and 25.1].
C) Scheduled meeting/hearing dates: None are scheduled at this time but, if scheduled, dates and times will be announced in the Illinois Register and on IEMA's website.
D) Date Agency anticipates First Notice: Summer 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: These amendments could affect all of these entities if they possess x-ray machines.
F) Agency contact person for information:
Traci Burton Illinois Emergency Management Agency 1035 Outer Park Drive Springfield IL 62704
217/524-0770 fax: 217/524-3698
G) Related rulemakings and other pertinent information: None b) Part (Heading and Code Citation): Licensing of Radioactive Material (32 Ill. Adm. Code 330)
1) Rulemaking: Proposed Amendment
ILLINOIS REGISTER 11654 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
JULY 2020 REGULATORY AGENDA
A) Description: The Agency will propose amendments to Section 330.310 to add radiopharmaceutical generator eluate testing requirements for radiopharmacy manufacturers and to Section 330.260 to revise radiopharmacist training and attestation requirements. These amendments are required to be adopted by the Agency to maintain compatibility with the U.S. Nuclear Regulatory Commission.
B) Statutory Authority: Implementing and authorized by the Radiation Protection Act of 1990 [420 ILCS 40].
C) Scheduled meeting/hearing dates: None are scheduled at this time but, if scheduled, dates and times will be announced in the Illinois Register and on IEMA's website.
D) Date Agency anticipates First Notice: Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: Small municipalities will not be impacted. Small businesses and not-for-profit corporation may be affected if they have a radioactive material license for medical use. The cost of these changes should be minimal.
F) Agency contact person for information:
Traci Burton Illinois Emergency Management Agency 1035 Outer Park Drive Springfield IL 62704
217/524-0770 fax: 217/524-3698
G) Related rulemakings and other pertinent information: These revisions make training and generator testing requirements compatible with the corresponding changes in 32 Ill. Adm. Code 335 for hospitals and authorized user physicians. c) Part (Heading and Code Citation): Fees for Calibration Services (32 Ill. Adm. Code 333)
ILLINOIS REGISTER 11655 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
JULY 2020 REGULATORY AGENDA
1) Rulemaking: Proposed Amendment
A) Description: The Agency plans to propose amendments to Part 333 to update the regulation and reduce duplicative provisions.
B) Statutory Authority: Implementing and authorized by Section 25(g) of the Radiation Protection Act of 1990 [420 ILCS 40/25(g)].
C) Scheduled meeting/hearing dates: None are scheduled at this time but, if scheduled, dates and times will be announced in the Illinois Register and on IEMA's website.
D) Date Agency anticipates First Notice: Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: These entities may be affected if they use the Agency's calibration services.
F) Agency contact person for information:
Traci Burton Illinois Emergency Management Agency 1035 Outer Park Drive Springfield IL 62704
217/524-0770 fax: 217/524-3698
G) Related rulemakings and other pertinent information: None d) Part (Heading and Code Citation): Fees for By-Product Material Licenses (32 Ill. Adm. Code 334)
1) Rulemaking: Proposed Amendment
A) Description: The Agency plans to propose amendments to Part 334 to update the regulation and reduce duplicative provisions.
ILLINOIS REGISTER 11656 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
JULY 2020 REGULATORY AGENDA
B) Statutory Authority: Implementing and authorized by the Uranium and Thorium Mill Tailings Control Act [420 ILCS 42].
C) Scheduled meeting/hearing dates: None are scheduled at this time but, if scheduled, dates and times will be announced in the Illinois Register and on IEMA's website.
D) Date Agency anticipates First Notice: Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: The Agency does not currently anticipate any effects to these entities.
F) Agency contact person for information:
Traci Burton Illinois Emergency Management Agency 1035 Outer Park Drive Springfield IL 62704
217/524-0770 fax: 217/524-3698
G) Related rulemakings and other pertinent information: None e) Part (Heading and Code Citation): Medical Use of Radioactive Material (32 Ill. Adm. Code 335)
1) Rulemaking: Proposed Amendment
A) Description: The Agency will propose amendments to increase eluate sampling for radiopharmaceuticals; add new terms such as Associate Radiation Safety Officer and Ophthalmic Physicist; change requirements to written directives and event reporting for permanent brachytherapy to give physicians latitude in establishing treatment parameters; change physician training requirements for 3rd party attestations; and, provide exemptions for certain board-certified individuals. Many of these amendments are required to maintain compatibility with the U.S. Nuclear Regulatory Commission.
ILLINOIS REGISTER 11657 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
JULY 2020 REGULATORY AGENDA
B) Statutory Authority: Implementing and authorized by the Radiation Protection Act of 1990 [420 ILCS 40].
C) Scheduled meeting/hearing dates: None are scheduled at this time but, if scheduled, dates and times will be announced in the Illinois Register and on IEMA's website.
D) Date Agency anticipates First Notice: Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: These amendments will not impact small municipalities. Small businesses and not-for-profit corporations may be impacted if they have a radioactive material license for medical use. Generally, the amendments should benefit the medical community with medical diagnostic and therapeutic uses and reporting. Costs should be minimal.
F) Agency contact person for information:
Traci Burton Illinois Emergency Management Agency 1035 Outer Park Drive Springfield IL 62704
217/524-0770 fax: 217/524-3698
G) Related rulemakings and other pertinent information: A corresponding change will be made to 32 Ill. Adm. Code 330 for nuclear pharmacists that prepare radiopharmaceuticals. f) Part (Heading and Code Citation): Quality Standards and Certification Requirements for Facilities Performing Mammography (32 Ill. Adm. Code 370)
1) Rulemaking: Proposed Amendment
A) Description: The Agency will propose amendments to update requirements for mammography certification to be consistent with U.S. Food and Drug Administration regulations for the Mammography Quality
ILLINOIS REGISTER 11658 20 ILLINOIS EMERGENCY MANAGEMENT AGENCY
JULY 2020 REGULATORY AGENDA
Standards Act (MQSA); to clarify suspension/revocation provisions; and to clarify other procedural issues.
B) Statutory Authority: Implementing and authorized by Section 24.5 of the Radiation Protection Act of 1990 [420 ILCS 40/].
C) Scheduled meeting/hearing dates: None are scheduled at this time but, if scheduled, dates and times will be announced in the Illinois Register and on IEMA's website.
D) Date Agency anticipates First Notice: Winter 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: This rulemaking would only affect those entities that possess a mammography unit and perform mammography procedures.
F) Agency contact person for information:
Traci Burton Illinois Emergency Management Agency 1035 Outer Park Drive Springfield IL 62704
217/524-0770 fax: 217/524-3698
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11659 20 EXECUTIVE ETHICS COMMISSION
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): Organization, Information, Rulemaking and Hearings, (2 Ill. Adm. Code 1620)
1) Rulemaking:
A) Description: The Commission will propose amendments designed to implement the amendments made to the State Officials and Employees Ethics Act by PA 101-221, effective August 9, 2019, and PA 101-617, effective December 20, 2020. In particular, the rules will address expansion of oversight of the sexual harassment training programs to include prevention of other forms of harassment and unlawful discrimination and new procedural rights of subjects of harassment and discrimination violations.
B) Statutory Authority: State Officials and Employees Act [5 ILCS 430] and Section 1-13(e) of the Illinois Procurement Code [30 ILCS 500/1-13(e)]
C) Scheduled meeting/hearing dates: None have been scheduled.
D) Date Agency anticipates First Notice: The Commission anticipates filing the proposed rulemaking in the third quarter of 2020.
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Michelle Casey Executive Director Executive Ethics Commission 401 S. Spring St. 513 William Stratton Building Springfield IL 62706
217/558-1393
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11660 20 DEPARTMENT OF INSURANCE
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): Acquisition of Control of a Domestic Company (50 Ill. Adm. Code 651)
1) Rulemaking:
A) Description: 50 Ill. Adm. Code 913.Illustration A is being repealed and replaced by the use of the NAIC Biographical Affidavit form. Item 3 of Part 651.Illustration A will be revised to reflect this change.
B) Statutory Authority: Implementing Article VIII½ and authorized by Section 401 of the Illinois Insurance Code [215 ILCS 5/Art. VIII½ and Section 401].
C) Scheduled meeting/hearing dates: None scheduled.
D) Date Agency anticipates First Notice: Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Marcy Savage Assistant Deputy Director, Corporate Regulation Section Illinois Department of Insurance 320 W. Washington St. Springfield IL 62767
217/524-0016
G) Related rulemakings and other pertinent information: 50 Ill. Adm. Code 913, 915, 2905 b) Part (Heading and Code Citation): Registration of Insurers (50 Ill. Adm. Code 652)
1) Rulemaking:
A) Description: The rule is being amended to change guidance regarding the filing of UCP financial statements.
ILLINOIS REGISTER 11661 20 DEPARTMENT OF INSURANCE
JULY 2020 REGULATORY AGENDA
B) Statutory Authority: Implementing Article VIII½ and authorized by Sections 131.13 and 401 of the Illinois Insurance Code [215 ILCS 5/Art. VIII½ and Sections 131.13 and 401].
C) Scheduled meeting/hearing dates: None scheduled.
D) Date Agency anticipates First Notice: Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Eric Moser Assistant Deputy Director, Financial Analysis Illinois Department of Insurance 320 West Washington Street, 4th Floor Springfield IL 62767-0001
217/557-3759
G) Related rulemakings and other pertinent information: c) Part (Heading and Code Citation): Securities Regulation (50 Ill. Adm. Code 913)
1) Rulemaking:
A) Description: Part 913.ILLUSTRATION A is an outdated biographical affidavit form that is no longer being used; the NAIC form is currently in use. Part 913.Illustration A needs to be repealed and references to it need to be changed to refer to the NAIC Biographical Affidavit form instead. Additionally, housekeeping changes will be made throughout the rule.
B) Statutory Authority: Implementing Sections 20, 32, 32.1 and 147.1 and authorized by Section 401 of the Illinois Insurance Code [215 ILCS 5/20, 32, 32.1, 147.1 and 401].
C) Scheduled meeting/hearing dates: None scheduled.
ILLINOIS REGISTER 11662 20 DEPARTMENT OF INSURANCE
JULY 2020 REGULATORY AGENDA
D) Date Agency anticipates First Notice: Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Marcy Savage Assistant Deputy Director, Corporate Regulation Section Illinois Department of Insurance 320 W. Washington St. Springfield IL 62767
217/524-0016
G) Related rulemakings and other pertinent information: 50 Ill. Adm. Code 651, 915, 2905 d) Part (Heading and Code Citation): Management Information Reports (50 Ill. Adm. Code 915)
1) Rulemaking:
A) Description: Part 913.ILLUSTRATION A is an outdated biographical affidavit form that is no longer being used; the NAIC form is currently in use. Part 913 is being amended to remove ILLUSTRATION A, and references to it within Part 915 need to be changed to refer to the NAIC Biographical Affidavit form instead. Additionally, housekeeping changes will be made throughout the rule.
B) Statutory Authority: Implementing Section 155.04 and authorized by Section 401 of the Illinois Insurance Code [215 ILCS 5/155.04 and 401].
C) Scheduled meeting/hearing dates: None scheduled.
D) Date Agency anticipates First Notice: Fall 2020
ILLINOIS REGISTER 11663 20 DEPARTMENT OF INSURANCE
JULY 2020 REGULATORY AGENDA
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Marcy Savage Assistant Deputy Director, Corporate Regulation Section Illinois Department of Insurance 320 W. Washington St. Springfield IL 62767
217/524-0016
G) Related rulemakings and other pertinent information: Parts 651, 913, 2905 e) Part (Heading and Code Citation): Uniform Prior Authorization Form Requirements (New rule, 50 Ill. Adm. Code 2018)
1) Rulemaking:
A) Description: This new rule will be promulgated to comply with PA 101- 463, which requires the Department of Insurance to develop a uniform electronic prior authorization form that shall be used by commercial insurers.
B) Statutory Authority: Implementing and authorized by 215 ILCS 5/364.3.
C) Scheduled meeting/hearing dates: None are scheduled.
D) Date Agency anticipates First Notice: Summer 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Marcy Savage Assistant Deputy Director, Corporate Regulation Section
ILLINOIS REGISTER 11664 20 DEPARTMENT OF INSURANCE
JULY 2020 REGULATORY AGENDA
Illinois Department of Insurance 320 W. Washington St. Springfield IL 62767
217/524-0016
G) Related rulemakings and other pertinent information: None f) Part (Heading and Code Citation): Minimum Benefit Standards for Diabetic Coverage (50 Ill. Adm. Code 2019)
1) Rulemaking:
A) Description: PA 101-625 makes statutory changes regarding the coverage of prescription insulin drugs. 215 ILCS 5/356w requires plans that offer prescription coverage to cover insulin at the same deductible, copay and out of pocket amounts for insulin and diabetic supplies. The new Act expands the limitations of diabetic insulin coverage to include a maximum cap of cost-sharing per 30 day supply of insulin to $100, to apply only to plans that cover prescriptions.
Part 2019 currently does not address the $100 per 30 day supply cap on insulin. Language will need to be added to implement the statute.
B) Statutory Authority: Implementing Section 356w and 356z.41 and authorized by Section 401 of the Illinois Insurance Code [215 ILCS 5/356w, 356z.41 and 401].
C) Scheduled meeting/hearing dates: None are scheduled.
D) Date Agency anticipates First Notice: Summer 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Ryan Gillespie, Deputy Director of Health Products Illinois Department of Insurance
ILLINOIS REGISTER 11665 20 DEPARTMENT OF INSURANCE
JULY 2020 REGULATORY AGENDA
320 West Washington St. Springfield IL 62767
217/558-2746
G) Related rulemakings and other pertinent information: None g) Part (Heading and Code Citation): Registration of Workers' Compensation Utilization Review Organizations (50 Ill. Adm. Code 2905)
1) Rulemaking:
A) Description: Exhibit B of Part 2905 is the Utilization Review Organization Officers and Directors Biographical Affidavit. The requirements in Exhibit B are contained in the current NAIC Biographical Affidavit. Section 2905.20 will be revised to note the use of the current NAIC Biographical Affidavit and remove the reference to Exhibit B. Housekeeping changes will also be made to the Definitions Section.
B) Statutory Authority: Implementing Section 8.7 of the Workers' Compensation Act [820 ILCS 305/8.7] and authorized by Section 8.7 of the Workers' Compensation Act and Section 401 of the Illinois Insurance Code [215 ILCS 5/401].
C) Scheduled meeting/hearing dates: None are currently scheduled.
D) Date Agency anticipates First Notice: Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None anticipated.
F) Agency contact person for information:
Michael Chrysler Chief Deputy Director, Product Lines Illinois Department of Insurance 320 W. Washington St. Springfield IL 62767-0001
ILLINOIS REGISTER 11666 20 DEPARTMENT OF INSURANCE
JULY 2020 REGULATORY AGENDA
217/558-2744
G) Related rulemakings and other pertinent information: Parts 651, 913, 915 h) Part (Heading and Code Citation): Premium Fund Trust Account (50 Ill. Adm. Code 3113)
1) Rulemaking:
A) Description: Changes are required to update the rule to reflect modern banking and insurance agency operations.
B) Statutory Authority: Implementing Sections 500-70, 500-110 and 500- 115 and authorized by Section 401 of the Illinois Insurance Code [215 ILCS 5/401, 500-70, 500-110 and 500-115].
C) Scheduled meeting/hearing dates: None scheduled.
D) Date Agency anticipates First Notice: Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Justin Hammersmith, Deputy Director Enforcement/Investigations Illinois Department of Insurance 320 West Washington St. Springfield IL 62767
312/814-1767
G) Related rulemakings and other pertinent information: None i) Part (Heading and Code Citation): Licensing of Public Adjusters (50 Ill. Adm. Code 3118)
1) Rulemaking:
ILLINOIS REGISTER 11667 20 DEPARTMENT OF INSURANCE
JULY 2020 REGULATORY AGENDA
A) Description: Changes are necessary to more clearly define the law and requirements of licensed Public Adjusters and Public Adjuster Business Entities conducting business in the State of Illinois. This clarification is necessary for consumers, Public Adjusters, insurers and Department regulators. In addition, it will allow the Department to more efficiently investigate, examine and regulate the profession.
B) Statutory Authority: Implementing Article XLV and authorized by Section 401 of the Illinois Insurance Code [215 ILCS 5/Art. XLV and 401].
C) Scheduled meeting/hearing dates: None scheduled.
D) Date Agency anticipates First Notice: Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Justin Hammersmith, Deputy Director Enforcement/Investigations Illinois Department of Insurance 320 West Washington St. Springfield IL 62767
312/814-1767
G) Related rulemakings and other pertinent information: None j) Part (Heading and Code Citation): Portability of Creditable Service Time for Downstate and Suburban Police Pension Funds (50 Ill. Adm. Code 4404)
1) Rulemaking:
A) Description: Part 4404.Illustration A will be repealed or amended to delete a request for the participant's Social Security Number and to add requests for other relevant information.
ILLINOIS REGISTER 11668 20 DEPARTMENT OF INSURANCE
JULY 2020 REGULATORY AGENDA
B) Statutory Authority: Implementing Section 3-110 and 3-110.7, and authorized by Section 3-110 of the Illinois Pension Code [40 ILCS 5/3- 110 and 3-110.7].
C) Scheduled meeting/hearing dates: None scheduled.
D) Date Agency anticipates First Notice: Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Kevin Fry, Chief Operating Officer Illinois Department of Insurance 320 West Washington St. Springfield IL 62767
217/782-1756
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11669 20 DEPARTMENT OF NATURAL RESOURCES
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): Camping on Department of Natural Resources Properties (17 Ill. Adm. Code 130)
1) Rulemaking:
A) Description: This Part is being amended to allow for more opportunities for constituents that do not possess camping equipment to be able to rent (from an IDNR contracted Concessionaire) camping equipment and enjoy camping at select IDNR sites.
B) Statutory Authority: Implementing and authorized by Sections 1 and 4(1) and (5) of the State Parks Act [20 ILCS 835], and by Sections 805-305 and 805-515 of the Civil Administrative Code of Illinois [20 ILCS 805].
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: July 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
George Sisk, Legal Counsel One Natural Resources Way Springfield IL 62702-1271
217/782-1809
G) Related rulemakings and other pertinent information: None
b) Part (Heading and Code Citation): Sportfishing Regulations for the Waters of Illinois (17 Ill. Adm. Code 810)
1) Rulemaking:
A) Description: This Part is being amended to update sportfishing regulations.
ILLINOIS REGISTER 11670 20 DEPARTMENT OF NATURAL RESOURCES
JULY 2020 REGULATORY AGENDA
B) Statutory Authority: Implementing and authorized by Sections 1-120, 1- 125, 1-150, 5-5, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10-95, 15-50, 20-5, 20-35 and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5/1-120, 1-125, 1-150, 5-5, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10- 95, 15-50, 20-5, 20-35, 25-5, and 5/5-15].
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: October 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
John Heidinger, Legal Counsel One Natural Resources Way Springfield IL 62702-1271
217/782-1809
G) Related rulemakings and other pertinent information: None c) Part (Heading and Code Citation): Commercial Fishing and Musseling in Certain Waters of the State (17 Ill. Adm. Code 830)
1) Rulemaking:
A) Description: This Part is being amended to update regulations for certain waters in the State.
B) Statutory Authority: Implementing and authorized by Sections 1-60, 1-65, 1-120, 10-120, 15-35, 15-40, 20-35 and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5/1-60, 1-65, 1-120, 10-120, 15-35, 15-40, 20-35 and 25- 5].
C) Scheduled meeting/hearing dates: None
ILLINOIS REGISTER 11671 20 DEPARTMENT OF NATURAL RESOURCES
JULY 2020 REGULATORY AGENDA
D) Date Agency anticipates First Notice: October 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
John Heidinger, Legal Counsel One Natural Resources Way Springfield IL 62702-1271
217/782-1809
G) Related rulemakings and other pertinent information: None d) Part (Heading and Code Citation): Timber Buyer Licensing and Harvest Fees (17 Ill. Adm. Code 1535)
1) Rulemaking:
A) Description: This Part is being amended to better define agents of buyers and change reporting from quarterly to monthly for necessity of tracking legal timber and law and legal enforcement.
B) Statutory Authority: Implementing and authorized by the Timber Buyers Licensing Act [225 ILCS 735].
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: August 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: No effect on small businesses. Required paperwork to be a timber buyer and purchase timber will require additional information and will require paperwork more often. Said information and paperwork are already on hand and/or are records buyers already keep.
F) Agency contact person for information:
ILLINOIS REGISTER 11672 20 DEPARTMENT OF NATURAL RESOURCES
JULY 2020 REGULATORY AGENDA
John Heidinger, Legal Counsel One Natural Resources Way Springfield IL 62702-1271
217/782-1809
G) Related rulemakings and other pertinent information: None e) Part (Heading and Code Citation): Wrongful Tree Cutting (17 Ill. Adm. Code 1585)
1) Rulemaking:
A) Description: This Part is being amended to made updates pursuant to PA 101-102.
B) Statutory Authority: Implementing and authorized by the Wrongful Tree Cutting Act [740 ILCS 185].
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: August 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: No known effects. Provides protection and mitigation for natural resource owns experiencing trespass with damage/theft to/of tree and related natural resource plant communities
F) Agency contact person for information:
John Heidinger, Legal Counsel One Natural Resources Way Springfield IL 62702-1271
217/782-1809
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11673 20 DEPARTMENT OF NATURAL RESOURCES
JULY 2020 REGULATORY AGENDA f) Part (Heading and Code Citation): Permanent Program Performance Standards – Surface Mining Activities (62 Ill. Adm. Code 1816)
1) Rulemaking:
A) Description: This Part is being amended to add clarifying language to the procedures used to meet the revegetation performance standards for land affected by the mining of coal.
B) Statutory Authority: Implementing and authorized by the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720].
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: October 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: No impact anticipated.
F) Agency contact person for information:
Amy Oakes, Legal Counsel One Natural Resources Way Springfield IL 62702-1271
217/782-1809
G) Related rulemakings and other pertinent information: None g) Part (Heading and Code Citation): Permanent Program Performance Standards – Underground Mining Operations (62 Ill. Adm. Code 1817)
1) Rulemaking:
A) Description: This Part is being amended to add clarifying language to the procedures used to meet the revegetation performance standards for land affected by the mining of coal.
ILLINOIS REGISTER 11674 20 DEPARTMENT OF NATURAL RESOURCES
JULY 2020 REGULATORY AGENDA
B) Statutory Authority: Implementing and authorized by the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720].
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: October 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: No impact anticipated.
F) Agency contact person for information:
Amy Oakes, Legal Counsel One Natural Resources Way Springfield IL 62702-1271
217/782-1809
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11675 20 OFFICE OF THE STATE FIRE MARSHAL
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): Fire Sprinkler Contractor Licensing Rules (41 Ill. Adm. Code 109)
1) Rulemaking:
A) Description: The OSFM is proposing an Agency bill that would amend the Fire Sprinkler Contractor Licensing Act in order to address recently identified enforcement issues and other operational concerns. A rulemaking would then follow to implement the statutory changes.
B) Statutory Authority: Implementing and authorized by Section 55 of the Fire Sprinkler Contractor Licensing Act [225 ILCS 317/55].
C) Scheduled meeting/hearing dates: The Agency has not yet scheduled meetings or hearings on this proposal
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: Unknown but could impact any small business that installs, repairs, inspects, or maintains fire sprinkler systems.
F) Agency contact person for information: Address written comments concerning the substance of the rulemaking as follows:
Larry Eaton Manager Division of Fire Prevention Office of the State Fire Marshal 1035 Stevenson Drive Springfield IL 62704
217/558-0639
G) Related rulemakings and other pertinent information: None b) Part (Heading and Code Citation): Policy and Procedures Manual for Fire Protection Personnel (41 Ill. Adm. Code 141)
ILLINOIS REGISTER 11676 20 OFFICE OF THE STATE FIRE MARSHAL
JULY 2020 REGULATORY AGENDA
1) Rulemaking:
A) Description: These proposed changes would involve updates to the fire fighter training certification and recertification requirements, including updates to Subpart B (Training Facilities) and Subpart C (Examination), as approved by the certification subcommittees established by the Fire Advisory Commission. It will also include corrections or clarifications needed for certification requirements in Subpart D. This rulemaking will also make other minor edits to achieve consistency with changes to Section 8 of the Illinois Fire Protection Training Act [50 ILCS 740/8] made by PA 99-480, regarding Opioid Antagonists Training, and by PA 101-375, regarding Mental Health First Aid Training. Makes other updates as needed.
B) Statutory Authority: Implementing and authorized by Sections 8 and 11 of the Fire Protection Training Act [50 ILCS 740/8] and the Peace Officer Fire Investigation Act [20 ILCS 2910].
C) Scheduled meeting/hearing dates: None scheduled.
D) Date Agency anticipates First Notice: Summer/Fall 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: This rulemaking may impact small municipalities or fire protection districts that elect to participate in the Office of the State Fire Marshal's voluntary certification program and seek reimbursement for training expenditures from funds appropriated to the Office for these reimbursements. Streamlined procedural rules are expected to speed the curriculum approval time and decrease administrative burdens on participants.
F) Agency contact person for information:
Mitzi Woodson Manager Division of Personnel Standards and Education Office of the State Fire Marshal 1035 Stevenson Drive Springfield IL 62703
ILLINOIS REGISTER 11677 20 OFFICE OF THE STATE FIRE MARSHAL
JULY 2020 REGULATORY AGENDA
217/785-1003
G) Related rulemakings and other pertinent information: The first phase of amendments to this Part was published for First Notice on April 1, 2016 (40 Ill. Reg. 5366), received a Certification of No Objection from JCAR and was adopted, effective March 27, 2017. The second phase was published for First Notice on November 18, 2016 (40 Ill. Reg. 15482), received a Certification of No Objection from JCAR and was adopted, effective August 1, 2017 c) Parts (Heading and Code Citations): Storage, Transportation, Sale and Use of Gasoline and Volatile Oils: Rules and Regulations\Relating to General Storage (41 Ill. Adm. Code 160); Storage, Transportation, Sale and Use of Gasoline and Volatile Oils (41 Ill. Adm. Code 180)
1) Rulemaking:
A) Description: This rulemaking will update the Agency's rules applicable to aboveground storage tanks (ASTs). This includes two primary rule Parts: 41 Ill. Adm. Code 160 and 41 Ill. Adm. Code 180 that are applicable to ASTs used for both dispensing and non-dispensing purposes. Part 160 rules primarily address the use of ASTs for bulk storage of flammable or combustible liquids (storage for other than dispensing purposes). Part 180 rules primarily address the use of ASTs for flammable or combustible liquids used to dispense fuel into vehicles or portable containers. The primary focus of the rules will be to replace the currently outdated rules with references to nationally recognized standards for ASTs and the storage and handling of flammable and combustible liquids.
B) Statutory Authority: Implementing and authorized by Section 2 of the Gasoline Storage Act [430 ILCS 15/2].
C) Scheduled meeting/hearing dates: The Agency has not yet scheduled meetings or hearings on this proposal.
D) Date Agency anticipates First Notice: Unknown
ILLINOIS REGISTER 11678 20 OFFICE OF THE STATE FIRE MARSHAL
JULY 2020 REGULATORY AGENDA
E) Effect on small businesses, small municipalities or not-for-profit corporations: The rules will impact any small business, municipality or not-for-profit corporations that install or relocate an AST containing flammable or combustible liquids. The proposed rules are not anticipated to impose further restrictions upon ASTs that are already in-place. It is estimated these changes will make the storage and handling of flammable and combustible liquids, including ASTs, less expensive, more cost effective and safer.
F) Agency contact person for information:
Cathy Stashak Section Chief Technical Services Division Office of the State Fire Marshal 100 W. Randolph St., Suite 4-600 Chicago IL 60601
312/814-2425
G) Related rulemakings and other pertinent information: The proposed changes to 41 Ill. Adm. Code 160 are related to the proposed changes to 41 Ill. Adm. Code 180. d) Parts (Heading and Code Citations): Storage, Transportation, Sale and Use of Gasoline and Volatile Oils: Rules and Regulations\Relating to General Storage (41 Ill. Adm. Code 160); Storage, Transportation, Sale and Use of Gasoline and Volatile Oils (41 Ill. Adm. Code 180)
1) Rulemaking:
A) Description: This rulemaking may be filed separately from the one described in paragraph c) above and will amend the Agency's rules applicable to aboveground storage tanks (ASTs) in two primary rule Parts: 41 Ill. Adm. Code 160 and 41 Ill. Adm. Code 180. The primary focus of the rulemaking will be to amend the provisions pertaining to the maximum number of storage or dispensing ASTs and maximum allowable capacity for storage or dispensing ASTs at facilities used for fleet dispensing as described in Section 180.20(a)(2).
ILLINOIS REGISTER 11679 20 OFFICE OF THE STATE FIRE MARSHAL
JULY 2020 REGULATORY AGENDA
B) Statutory Authority: Implementing and authorized by Section 2 of the Gasoline Storage Act [430 ILCS 15/2].
C) Scheduled meeting/hearing dates: The Agency has not yet scheduled meetings or hearings on this proposal.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: The rules will impact any small business, municipality or not-for-profit corporations that install or relocate an AST containing flammable or combustible liquids. The proposed rules are not expected to create more stringent restrictions upon ASTs. It is estimated that these changes will make the dispensing of flammable and combustible liquids using ASTs less expensive, more cost effective and safer.
F) Agency contact person for information:
Cathy Stashak Section Chief Technical Services Division Office of the State Fire Marshal 100 W. Randolph St., Suite 4-600 Chicago IL 60601
312/814-2425
G) Related rulemakings and other pertinent information: The proposed changes to 41 Ill. Adm. Code 160 are related to the proposed changes to 41 Ill. Adm. Code 180. e) Part (Heading and Code Citation): Petroleum Equipment Contractor Licensing (41 Ill. Adm. Code 172)
1) Rulemaking:
A) Description: This rulemaking will update certification and licensure rules for petroleum equipment contractors doing work on underground storage
ILLINOIS REGISTER 11680 20 OFFICE OF THE STATE FIRE MARSHAL
JULY 2020 REGULATORY AGENDA
tanks as a result of changes to the program made by PA 97-428. The rulemaking will address inconsistencies between the rules and the statute raised in internal audit findings. It will also update cross-references to OSFM rules for which the numbering has changed from Part 170 to Parts 174, 175 and 176.
B) Statutory Authority: Petroleum Equipment Contractor Licensing Act [225 ILCS 729/25, 35(a)(4), and 35(b)(7)].
C) Scheduled meeting/hearing dates: None scheduled yet.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: This rulemaking with have a minimal impact on small businesses that conduct permitted work on underground storage tanks.
F) Agency contact person for information:
James Bentley Manager Division of Petroleum and Chemical Safety Office of the State Fire Marshal 1035 Stevenson Drive Springfield IL 62603
217/557-3131
G) Related rulemakings and other pertinent information: None f) Part (Heading and Code Citation): Storage, Transportation, Sale and Use of Liquefied Petroleum Gas (41 Ill. Adm. Code 200)
1) Rulemaking:
A) Description: This rulemaking will update the Agency's rules applicable to liquefied petroleum gas (LPG) tanks. The primary focus of the rules will be to update the reference to a national standard: NFPA 58 Liquefied Petroleum Gas Code. The rule currently references to the 2011 edition of
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NFPA 58 and the OSFM intends to update that reference to the latest published edition of NFPA 58 (2017 edition) in order to remain current with industry practices. The statute requires that OSFM rules on this topic be in substantial conformity with the national codes published by the National Fire Protection Association (NFPA).
B) Statutory Authority: Liquefied Petroleum Gas Regulation Act [430 ILCS 5/3].
C) Scheduled meeting/hearing dates: None scheduled.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: The rules will impact any small business, municipality or not-for-profit corporation that installs or relocates a LPG (including propane) storage tank. The proposed rules are not anticipated to impose further restrictions upon existing LPG tanks.
F) Agency contact person for information:
Cathy Stashak Section Chief Technical Services Division Office of the State Fire Marshal 100 W. Randolph St., Suite 4-600 Chicago IL 60601
312/814-2425
G) Related rulemakings and other pertinent information: None g) Part (Heading and Code Citation): Appeals and Enforcement Proceedings (41 Ill. Adm. Code 210)
1) Rulemaking:
A) Description: This Part will be amended to delineate and clarify the appeal process utilized during certain OSFM administrative enforcement
ILLINOIS REGISTER 11682 20 OFFICE OF THE STATE FIRE MARSHAL
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proceedings. Amendments will include, among other things, clarification concerning the duties of the respective parties, the initiation of contested hearings, pleadings, motions, discovery, the burden and standard of proof, the applicable rules of evidence, the consequences of failing to appear, and default procedures.
B) Statutory Authority: Implemented and authorized by Section 10-5 of the Illinois Administrative Procedures Act [5 ILCS 100/10-5].
C) Scheduled meeting/hearing dates: The Agency has not yet scheduled meetings or hearings on this proposal.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: None anticipated.
F) Agency contact person for information:
Matt Taksin General Counsel - Legal Division Office of the State Fire Marshal 1035 Stevenson Drive Springfield IL 62703
312/814-6322
G) Related rulemakings and other pertinent information: None h) Part (Heading and Code Citation): Pyrotechnic Distributor and Operator Licensing Rules (41 Ill. Adm. Code 230)
1) Rulemaking:
A) Description: This rulemaking is for the purpose of clarifying insurance requirements, verification of business identity and tax compliance for licensees, incorporation of more current technical and federal regulatory standards, deleting references to the Music Entertainment Task Force, establishing fee schedule for Assistant registration, and establishing a
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protocol to license out of state production companies to support the film/entertainment industry.
B) Statutory Authority: Implemented and authorized by Section 30 of Pyrotechnic Distributor and Operator Licensing Act [225 ILCS 227/30].
C) Scheduled meeting/hearing dates: None scheduled yet.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: This change will always require all Pyrotechnic Distributors to maintain to maintain product, and general liability insurance at all times their license is in effect. This will also add a fee of $30 per pyrotechnic assistant at time of registration renewal (every three years).
F) Agency contact person for information:
Larry Eaton Manager Division of Fire Prevention Office of the State Fire Marshal 1035 Stevenson Drive Springfield IL 62703
217/558-0639
G) Related rulemakings and other pertinent information: Pyrotechnic and Consumer Display Permitting Rules (41 Ill. Adm. Code 235) i) Part (Heading and Code Citation): Pyrotechnic and Consumer Display Permitting Rules (41 Ill. Adm. Code 235)
1) Rulemaking:
A) Description: This rulemaking will update referenced industry technical standards, incorporate recent federal requirements, amend local permit requirements, and better align with Part 230 Pyrotechnic Distributor and Operator Licensing Rules.
ILLINOIS REGISTER 11684 20 OFFICE OF THE STATE FIRE MARSHAL
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B) Statutory Authority: Implementing and authorized by Section 4.1 of the Fireworks Use Act [425 ILCS 35/5].
C) Scheduled meeting/hearing dates: None scheduled yet.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: The rules may impact any small business, municipality or not-for-profit corporation that possesses or applies for a Pyrotechnic or Consumer Display permit.
F) Agency contact person for information:
Larry Eaton Manager Division of Fire Prevention Office of the State Fire Marshal 1035 Stevenson Drive Springfield IL 62703
217/558-0639
G) Related rulemakings and other pertinent information: Proposed revisions to 41 Ill. Adm. Code 230's requirements for Pyrotechnic Distributor and Operator Licensing Rules j) Parts (Heading and Code Citations): Fire Equipment Distributor and Employee Standards (41 Ill. Adm. Code 251); Fire Equipment Administrative Procedures (41 Ill. Adm. Code 280)
1) Rulemaking:
A) Description: This proposed rulemaking will combine the Part 251 and Part 280 rules into one document to streamline administration of the program. The rulemaking will update the statutory authority which is now known as the Fire Equipment Distributor and Employee Regulation Act of 2011 [225 ILCS 217] and define the procedures for the citation authority
ILLINOIS REGISTER 11685 20 OFFICE OF THE STATE FIRE MARSHAL
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provided in Section 83 of this Act [225 ILCS 217/83]. This rulemaking will implement statutory changes that eliminated the Fire Equipment Distributor and Employee Advisory Board and require a photo or electronic copy of a driver's license or State identification in lieu of a social security number for licensees
B) Statutory Authority: Implementing and authorized by the Fire Equipment Distributor and Employee Regulation Act of 2011 [225 ILCS 217].
C) Scheduled meeting/hearing dates: The Agency has not yet scheduled meetings or hearings on this proposal.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: The rules will have no additional impact on the regulated community, small municipalities or not-for-profit corporations and may simplify the regulatory environment.
F) Agency contact person for information:
Larry Eaton Manager Division of Fire Prevention Office of the State Fire Marshal 1035 Stevenson Drive Springfield IL 62703
217/558-0639
G) Related rulemakings and other pertinent information: None k) Part (Heading and Code Citation): Fire Truck Revolving Loan Program (41 Ill. Adm. Code 290)
1) Rulemaking:
A) Description: The Office of the Illinois State Fire Marshal (OSFM) and the Illinois Finance Authority (IFA) have authority to jointly administer a
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program to provide zero-interest loans or low-interest loans to finance or reimburse the purchase of fire trucks or brush trucks by a unit of local government (fire department, fire protection district or township fire department). This rulemaking would update language regarding the work of the review committee in reviewing and scoring loan applications. This would include the deletion of obsolete language about voting and quorums. Makes changes that would allow applicants to use loan proceeds to pay off a loan received within one year of the loan application deadline rather that one year from the receipt of loan proceeds. The rulemaking would also clarify that a function of the Fire Marshal's designee is to have the ability to review applications that may be submitted by a department or district that one of the members of the review committee is employed by.
B) Statutory Authority: Implementing and authorized by Section 825-80 of the Illinois Finance Authority Act [20 ILCS 3501/825-80].
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: Changing these references would merely clarify the rules and would not have any fiscal or other impacts.
F) Agency contact person for information:
Ronny J. Wickenhauser Chief Fiscal Officer Office of the Illinois State Fire Marshal 1035 Stevenson Drive Springfield IL 62703
217/558-0577
G) Related rulemakings and other pertinent information: None l) Part (Heading and Code Citation): Small Equipment Grant Program (41 Ill. Adm. Code 291)
ILLINOIS REGISTER 11687 20 OFFICE OF THE STATE FIRE MARSHAL
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1) Rulemaking:
A) Description: The Office of the Illinois State Fire Marshal (OSFM) administers a program to provide grants for the purchase of small equipment by a not-for-profit ambulance service or a unit of local government (fire department, fire protection district or township fire department) in Illinois that provides emergency medical service within a geographical area. This rulemaking would update language regarding the work of the review committee in reviewing and scoring loan applications. This would include the deletion of obsolete language about voting and quorums. The rulemaking would also clarify that a function of the Fire Marshal's designee is to have the ability to review applications that may be submitted by a department or district that one of the members of the review committee is employed by.
B) Statutory Authority: Implementing and authorized by Section 2.7 of the State Fire Marshal Act [20 ILCS 2905/2.7].
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: Changing these references would merely clarify the rules and would not have any fiscal or other impacts.
F) Agency contact person for information:
Ronny J. Wickenhauser Chief Fiscal Officer Office of the Illinois State Fire Marshal 1035 Stevenson Drive Springfield IL 62703
217/558-0577
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11688 20 OFFICE OF THE STATE FIRE MARSHAL
JULY 2020 REGULATORY AGENDA m) Part (Heading and Code Citation): Ambulance Revolving Loan Program (41 Ill. Adm. Code 292)
1) Rulemaking:
A) Description: The Office of the Illinois State Fire Marshal (OSFM) and the Illinois Finance Authority (IFA) have authority to jointly administer a program to provide zero-interest and low-interest loans for the purchase of an ambulance or ambulances by a not-for-profit ambulance service or a unit of local government (fire department, fire protection district or township fire department) in Illinois that provides emergency medical service within a geographical area. This rulemaking would update language regarding the work of the review committee in reviewing and scoring loan applications. This would include the deletion of obsolete language about voting and quorums. Makes changes that would allow applicants to use loan proceeds to pay off a loan received within one year of the loan application deadline rather that one year from the receipt of loan proceeds. The rulemaking would also clarify that a function of the Fire Marshal's designee is to have the ability to review applications that may be submitted by a department or district that one of the members of the review committee is employed by.
B) Statutory Authority: Implementing and authorized by Section 825-85 of the Illinois Finance Authority Act [20 ILCS 3501/825-85].
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: Changing these references would merely clarify the rules and would not have any fiscal or other impacts.
F) Agency contact person for information:
Ronny J. Wickenhauser Chief Fiscal Officer Office of the Illinois State Fire Marshal 1035 Stevenson Drive
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Springfield IL 62703
217/558-0577
G) Related rulemakings and other pertinent information: None n) Part (Heading and Code Citation): Fire Sprinkler Dormitory Revolving Loan Program (41 Ill. Adm. Code 293)
1) Rulemaking:
A) Description: The Office of the Illinois State Fire Marshal (OSFM) and the Illinois Finance Authority (IFA) have authority to jointly administer a program to provide low-interest loans to post-secondary educational institutions for the planning, purchasing, installing, upgrading, altering, modifying, fixing or repairing of a fire sprinkler system or fire sprinkler systems located in such institutions' on-campus housing. This rulemaking would update language regarding the work of the review committee in reviewing and scoring loan applications. This would include the deletion of obsolete language about voting and quorums. Makes changes that would allow applicants to use loan proceeds to pay off a loan received within one year of the loan application deadline rather that one year from the receipt of loan proceeds. The rulemaking would also clarify that a function of the Fire Marshal's designee is to have the ability to review applications that may be submitted by a department or district that one of the members of the review committee is employed by.
B) Statutory Authority: Implementing and authorized by Section 15 of the Fire Sprinkler Dormitory Act [110 ILCS 47/15].
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: Changing these references would merely clarify the rules and would not have any fiscal or other impacts.
F) Agency contact person for information:
ILLINOIS REGISTER 11690 20 OFFICE OF THE STATE FIRE MARSHAL
JULY 2020 REGULATORY AGENDA
Ronny J. Wickenhauser Chief Fiscal Officer Office of the Illinois State Fire Marshal 1035 Stevenson Drive Springfield IL 62703
217/558-0577
G) Related rulemakings and other pertinent information: None o) Part (Heading and Code Citation): Fire Station Revolving Loan Program (41 Ill. Adm. Code 294)
1) Rulemaking:
A) Description: The Office of the Illinois State Fire Marshal (OSFM) and the Illinois Finance Authority (IFA) have authority to jointly administer a program to provide zero-interest loans or low-interest loans to finance all or any portion of the costs associated with the construction, rehabilitation, remodeling or expansion of a fire station by a unit of local government (fire department, fire protection district or township fire department). This rulemaking would update language regarding the work of the review committee in reviewing and scoring loan applications. This would include the deletion of obsolete language about voting and quorums. Makes changes that would allow applicants to use loan proceeds to pay off a loan received within one year of the loan application deadline rather that one year from the receipt of loan proceeds. The rulemaking would also clarify that a function of the Fire Marshal's designee is to have the ability to review applications that may be submitted by a department or district that one of the members of the review committee is employed by.
B) Statutory Authority: Implementing and authorized by Section 825-81 of the Illinois Finance Authority Act [20 ILCS 3501/825-81].
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: Unknown
ILLINOIS REGISTER 11691 20 OFFICE OF THE STATE FIRE MARSHAL
JULY 2020 REGULATORY AGENDA
E) Effect on small businesses, small municipalities or not-for-profit corporations: Changing these references would merely clarify the rules and would not have any fiscal or other impacts.
F) Agency contact person for information:
Ronny J. Wickenhauser Chief Fiscal Officer Office of the Illinois State Fire Marshal 1035 Stevenson Drive Springfield IL 62703
217/558-0577
G) Related rulemakings and other pertinent information: None p) Part (Heading and Code Citation): Furniture Fire Safety Regulations (41 Ill. Adm. Code 300)
1) Rulemaking:
A) Description: As required by statute [425 ILCS 45], this rulemaking will update referenced standards to the current "bulletins" (standards) used by the State of California's Department of Consumer Affairs: Bureau of Home Furnishings and Thermal Insulation for descriptions of the tests that are required to be performed on upholstered furniture components.
B) Statutory Authority: Implementing and authorized by Section 15 of the Furniture Fire Safety Act [425 ILCS 45/15].
C) Scheduled meeting/hearing dates: The Agency has not yet scheduled meetings or hearings on this proposal.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: Any small business or not-for-profit corporation that manufactures upholstered seating furniture used in public occupancies or public assembly areas, or any small business, small municipality or not-
ILLINOIS REGISTER 11692 20 OFFICE OF THE STATE FIRE MARSHAL
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for-profit that owns or maintains a public occupancy or public assembly area that contains stuffed or upholstered furniture for specified occupancies. These include assembly occupancies; day care centers; health care occupancies; detention and correctional facilities; and public assembly areas of hotel and motels that contain seating for more than 10 (individual guest rooms are not included). These proposed rules are not anticipated to impose further restriction upon regulated furniture.
F) Agency contact person for information:
Cathy Stashak Section Chief Technical Services Division Office of the State Fire Marshal 100 W. Randolph St., Suite 4-600 Chicago IL 60601
312/814-2425
G) Related rulemakings and other pertinent information: None q) Part (Heading and Code Citation): Illinois Elevator Safety Rules (41 Ill. Adm. Code 1000)
1) Rulemaking:
A) Description: Incorporate nationally recognized safety codes which were recently published. Pursuant to statute, the Elevator Safety Board is given 12 months after the effective date of a new standard to adopt any new safety code cited in the statute.
B) Statutory Authority: Authorized by Section 35 of the Elevator Safety and Regulation Act [225 ILCS 312/35].
C) Scheduled meeting/hearing dates: The Agency has not yet scheduled meetings or hearings on this proposal.
D) Date Agency anticipates First Notice: Fall 2020
ILLINOIS REGISTER 11693 20 OFFICE OF THE STATE FIRE MARSHAL
JULY 2020 REGULATORY AGENDA
E) Effect on small businesses, small municipalities or not-for-profit corporations: All new conveyances and conveyances being modernized will be required to conform to the new codes. Municipalities would also be required to enforce these new codes locally, per their municipal elevator agreements with OSFM.
F) Agency contact person for information:
Bob Capuani Elevator Safety Division Office of the Illinois State Fire Marshal James R. Thompson Center 100 W. Randolph Street Suite 4-600 Chicago IL 60601
312/814-8734
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11694 20 OFFICE OF THE STATE TREASURER
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): College Savings Pool (23 Ill. Adm. Code 2500)
1) Rulemaking:
A) Description: This rulemaking updates the existing rule to make it consistent with PAs 100-905 and 101-26. The changes will provide clarification as to how the pool is administered in accordance with the amended state Statute as well as federal statutes and guidelines provided by federal regulatory agencies.
B) Statutory Authority: Section 16.5(n) of the State Treasurer Act [15 ILCS 505/16.5(n)]
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: September 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Laura J. Duque General Counsel Illinois State Treasurer 100 W. Randolph St, Suite 15-600 Chicago IL 60601
217/720-0991 [email protected]
G) Related rulemakings and other pertinent information: None b) Part (Heading and Code Citation): Achieving a Better Life Experience (ABLE) Account Program (74 Ill. Adm. Code 722)
1) Rulemaking:
ILLINOIS REGISTER 11695 20 OFFICE OF THE STATE TREASURER
JULY 2020 REGULATORY AGENDA
A) Description: This rulemaking revises the existing rule to make it consistent with PA 101-329. Among other things, the changes will allow guardians of the person to open ABLE accounts and make it easier for guardians and designated representatives to establish ABLE accounts.
B) Statutory Authority: Section 16.6(p) of the State Treasurer Act [15 ILCS 505/16.6(p)]
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: September 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Christopher M. Flynn Deputy General Counsel Illinois State Treasurer 400 W. Monroe St, Suite 401 Springfield IL 62704
217/558-0115 fax: 217/208-2001 [email protected]
G) Related rulemakings and other pertinent information: None c) Part (Heading and Code Citation): E-Pay Program (74 Ill. Adm. Code 735)
1) Rulemaking:
A) Description: This rulemaking will provide guidance on the implementation of PA 100-490, which clarifies that revenue received by the State in various forms, including electronic checks and credit card payments, and the processing thereof, shall be authorized for acceptance and collection by the State Treasurer.
ILLINOIS REGISTER 11696 20 OFFICE OF THE STATE TREASURER
JULY 2020 REGULATORY AGENDA
B) Statutory Authority: Section 17 of the State Treasurer Act [15 ILCS 505/17]
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: September 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Christopher M. Flynn Deputy General Counsel Illinois State Treasurer 400 W. Monroe St, Suite 401 Springfield IL 62704
217/558-0115 fax: 217/208-2001 [email protected]
G) Related rulemakings and other pertinent information: None d) Part (Heading and Code Citation): Home Ownership Made Easy Act (74 Ill. Adm. Code 750)
1) Rulemaking:
A) Description: This rulemaking will repeal this Part following repeal of the statute through PA 100-621.
B) Statutory Authority: Home Ownership Made Easy Act [310 ILCS 55]
C) Scheduled meeting/hearing dates: None
D) Date Agency anticipates First Notice: August 2020
ILLINOIS REGISTER 11697 20 OFFICE OF THE STATE TREASURER
JULY 2020 REGULATORY AGENDA
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Sara Meek Legislative Director Illinois State Treasurer 219 State House Springfield IL 62706
217/524-0530 fax: 217/785-2777 [email protected]
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11698 20 ILLINOIS STUDENT ASSISTANCE COMMISSION
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): General Provisions (23 Ill. Adm. Code 2700)
1) Rulemaking:
A) Description: This Part is being revised to update the name of the financial aid application used by RISE Act-eligible students and to implement statutory amendments as necessary.
B) Statutory Authority: Implementing the Higher Education Student Assistance Act [110 ILCS 947]; Title IV of the Higher Education Act of 1965, as amended (20 USC 1070 et seq., as amended by P.L. 105-244); and authorized by Section 20(f) of the Higher Education Student Assistance Act [110 ILCS 947/20(f)].
C) Scheduled meeting/hearing dates: At this time, ISAC has not scheduled a hearing or a meeting specifically to solicit comments on this anticipated rulemaking. Nonetheless, members of the public may submit views or comments in writing to the individual identified in item F, below.
D) Date Agency anticipates First Notice: July 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Jackie Eckley Agency Rules Coordinator Illinois Student Assistance Commission 500 West Monroe, 3rd floor Springfield IL 62704
217/782-5161 [email protected]
G) Related rulemakings and other pertinent information: None b) Part (Heading and Code Citation): AIM HIGH Grant Pilot Program (23 Ill. Adm. Code 2766)
ILLINOIS REGISTER 11699 20 ILLINOIS STUDENT ASSISTANCE COMMISSION
JULY 2020 REGULATORY AGENDA
1) Rulemaking:
A) Description: This Part is being revised due to legislation (PA 101-643) stating that the program's income requirement at the time of initial application will be the income considered for each subsequent application, for the duration of the program.
B) Statutory Authority: Implementing and authorized by Section 65.100 of the Higher Education Student Assistance Act [110 ILCS 947/65.100].
C) Scheduled meeting/hearing dates: At this time, ISAC has not scheduled a hearing or a meeting specifically to solicit comments on this anticipated rulemaking. Nonetheless, members of the public may submit views or comments in writing to the individual identified in item F, below.
D) Date Agency anticipates First Notice: July 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Jackie Eckley Agency Rules Coordinator Illinois Student Assistance Commission 500 West Monroe, 3rd floor Springfield IL 62704
217/782-5161 [email protected]
G) Related rulemakings and other pertinent information: None c) Part (Heading and Code Citation): Public University Uniform Admission Pilot Program (23 Ill. Adm. Code 2773)
1) Rulemaking:
ILLINOIS REGISTER 11700 20 ILLINOIS STUDENT ASSISTANCE COMMISSION
JULY 2020 REGULATORY AGENDA
A) Description: ISAC is adding this Part in response to the creation of a new program through PA 101-448.
B) Statutory Authority: New Act
C) Scheduled meeting/hearing dates: At this time, ISAC has not scheduled a hearing or a meeting specifically to solicit comments on this anticipated rulemaking. Nonetheless, members of the public may submit views or comments in writing to the individual identified in item F, below.
D) Date Agency anticipates First Notice: July 2020
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Jackie Eckley Agency Rules Coordinator Illinois Student Assistance Commission 500 West Monroe, 3rd floor Springfield IL 62704
217/782-5161 [email protected]
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11701 20 TEACHERS' RETIREMENT SYSTEM OF THE STATE OF ILLINOIS
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): The Administration and Operation of the Teachers' Retirement System (80 Ill. Adm. Code 1650)
1) Rulemaking:
A) Description: Update rules to implement and administer new defined contribution plan pursuant to 40 ILCS 5/16-204.
B) Statutory Authority: Implementing and authorized by Article 16 of the Illinois Pension Code [40 ILCS 5/Art. 16].
C) Scheduled meeting/hearing dates: There is no proposed schedule of dates for meetings/hearings at this time.
D) Date Agency anticipates First Notice: Unknown
E) Effect on small businesses, small municipalities or not-for-profit corporations: None
F) Agency contact person for information:
Sandy Cochran Teachers' Retirement System Office of Legal Counsel P.O. Box 19253 2815 West Washington Springfield IL 62794-9253
217/814-2041
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11702 20 DEPARTMENT OF TRANSPORTATION
JULY 2020 REGULATORY AGENDA a) Part (Heading and Code Citation): Aviation Safety (92 Ill. Adm. Code 14)
1) Rulemaking:
A) Description: The Department will propose an update to this Part to reflect the recent changes made to the Illinois Aeronautics Act by PA 101-538. PA 101-538 requires airports under the jurisdiction of the Department to fly the POW/MIA flag.
B) Statutory Authority: 620 ILCS 5
C) Scheduled meeting/hearing date: None scheduled.
D) Date Agency anticipates First Notice: Within six months.
E) Effect on small businesses, small municipalities or not-for-profit corporations: This rulemaking will affect those small municipalities that operate an airport under the Department's jurisdiction.
F) Agency contact person for information:
Greg Stucka, Rules Manager Illinois Department of Transportation 2300 S. Dirksen Parkway, Room 317 Springfield IL 62764
G) Related rulemakings and other pertinent information: None b) Part (Heading and Code Citation): Port Facilities Capital Investment Grant Program (92 Ill. Adm. Code 600)
1) Rulemaking:
A) Description: PA 101-10 created the Port Facilities Capital Investment Grant Program to make capital improvement grants available to port districts within this State. The Department will propose a new rule to outline the grant application process, required manner of accounting, eligibility requirements, and restrictions on the use of the grant money.
ILLINOIS REGISTER 11703 20 DEPARTMENT OF TRANSPORTATION
JULY 2020 REGULATORY AGENDA
B) Statutory Authority: 20 ILCS 2705/2705-285
C) Scheduled meeting/hearing date: None scheduled.
D) Date Agency anticipates First Notice: Within six months.
E) Effect on small businesses, small municipalities or not-for-profit corporations: This rulemaking will affect those small businesses, small municipalities and not-for-profit corporations that apply for grants under this program.
F) Agency contact person for information:
Greg Stucka, Rules Manager Illinois Department of Transportation 2300 S. Dirksen Parkway, Room 317 Springfield IL 62764
G) Related rulemakings and other pertinent information: None
ILLINOIS REGISTER 11704 20 EXECUTIVE ORDERS
2020-43 EXECUTIVE ORDER 2020-43 (COVID-19 EXECUTIVE ORDER NO. 41)
Community Revitalization Order
WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused extraordinary sickness and loss of life, infecting over 140,000 and growing, and taking the lives of thousands of residents; and,
WHEREAS, at all times but especially during a public health crisis, protecting the health and safety of Illinoisans is among the most important functions of State government; and,
WHEREAS, as Illinois enters the fifth month of responding to the public health disaster caused by Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads rapidly through respiratory transmissions and that continues to be without an effective treatment or vaccine, the burden on residents, healthcare providers, first responders, and governments throughout the State is unprecedented; and,
WHEREAS, as circumstances surrounding COVID-19 rapidly evolve and new evidence emerges, there have been frequent changes in information and public health guidance; and,
WHEREAS, although the CDC initially recommended against wearing cloth face coverings or masks as protection, as a result of research on asymptomatic and pre-symptomatic transmission, the CDC revised its conclusions and recommends wearing cloth face coverings in public settings where social distancing measures are difficult to maintain; and,
WHEREAS, public health research and guidance increasingly supports wearing cloth face coverings in public settings where social distancing measures are difficult to maintain, and indicates that the risk of transmission outdoors is less than the risk of transmission indoors; and,
WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster Proclamations, the circumstances causing a disaster throughout the State have changed and continue to change, making definitive predictions of the course the virus will take over the coming months extremely difficult; and,
WHEREAS, as of today, June 26, 2020, there have been over 140,000 confirmed cases of COVID-19 in 101 Illinois counties; and,
WHEREAS, as of today, June 26, 2020, more than 6,800 residents of Illinois have died due to COVID-19; and,
ILLINOIS REGISTER 11705 20 EXECUTIVE ORDERS
WHEREAS, the CDC now estimates that for every reported case of COVID-19, there are 10 unreported infections, resulting in a number of total cases in the country that may be 10 times higher than currently reported; and,
WHEREAS, social distancing, face coverings, and other public health precautions have proven to be critical in slowing and stopping the spread of COVID-19; and,
WHEREAS, although the number of new COVID-19 cases has decreased in recent weeks, the virus continues to infect thousands of individuals and claim the lives of too many Illinoisans each day; and,
WHEREAS, while the precautions taken by Illinoisans have led to a steep decline in the number of COVID-19 cases and deaths in the State in recent weeks, other states that have resisted taking public health precautions or that lifted those precautions earlier are now experiencing exponential growth and record high numbers of cases; and,
WHEREAS, COVID-19 has claimed the lives of and continues to impact the health of Black and Hispanic Illinoisans at a disproportionately high rate – magnifying significant health disparities and inequities; and,
WHEREAS, while hospitalizations have declined, Illinois is using a significant percentage of hospital beds and ICU beds, and, if COVID-19 cases were to surge, the State could face a shortage of critical health care resources; and,
WHEREAS, in addition to causing the tragic loss of more than 6,800 Illinoisans and wreaking havoc on the physical health of tens of thousands more, COVID-19 has caused extensive economic loss and continues to threaten the financial welfare of a significant number of individuals and businesses across the nation and the State; and,
WHEREAS, the Illinois Department of Employment Security announced that the State's unemployment rate rose to 16.4% in April, with 762,000 jobs lost during that month; and,
WHEREAS, the Illinois Department of Employment Security announced that the State's unemployment rate was 15.2% in May, and that major Illinois industries such as leisure and hospitality, transportation and utilities, and educational and health services had been particularly hard-hit during the March to May period; and,
WHEREAS, the Illinois Department of Employment Security is responding to the economic crisis in a number of ways, including through the Pandemic Unemployment Assistance program; and,
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WHEREAS, the Department of Commerce and Economic Opportunity is working to address the economic crisis, including through assistance programs such as the Business Interruption Grants Program for businesses that experienced a limited ability to operate due to COVID-19 related closures; and,
WHEREAS, the economic loss and insecurity caused by COVID-19 threatens the viability of business and the access to housing, medical care, food, and other critical resources that directly impact the health and safety of residents; and,
WHEREAS, based on the foregoing facts, and considering the expected continuing spread of COVID-19 and the ongoing health and economic impacts that will be felt over the coming month by people across the State, I declared that the current circumstances in Illinois surrounding the spread of COVID-19 constitute an epidemic emergency and a public health emergency under Section 4 of the Illinois Emergency Management Agency Act; and,
WHEREAS, based on the foregoing, I declared that the continuing burden on hospital resources, the potential shortages of these resources in the event of a surge in infections, and the critical need to increase the purchase and distribution of PPE as well as to expand COVID-19 testing capacity constitute a public health emergency under Section 4 of the Illinois Emergency Management Agency Act;
THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to the Illinois Constitution and Sections 7(1), 7(2), 7(3), 7(8), 7(9), and 7(12) of the Illinois Emergency Management Agency Act, 20 ILCS 3305, and consistent with the powers in public health laws, I hereby order the following, effective immediately:
Community Revitalization Order
1. Intent of this Executive Order. The intent of this Executive Order is to safely and conscientiously resume and expand activities that were paused or limited as COVID-19 cases rose exponentially and threatened to overwhelm our healthcare system. As Illinoisans safely resume and expand these activities, we must not backslide on the progress we have made. We cannot risk overwhelming our healthcare system, and we must prioritize the health and lives of all Illinoisans, especially the most vulnerable among us. While protecting our communities, we will restore our economy and begin to repair the economic damage that the virus has caused. The intent of this Executive Order is to effectuate those goals.
This Executive Order supersedes Executive Order 2020-38.
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2. Public health requirements for individuals. Individuals must take the following public health steps to protect their own and their neighbors' health and lives:
a. Practice social distancing. To the extent individuals are using shared spaces when outside their residence, including when outdoors, they must at all times and as much as reasonably possible maintain social distancing of at least six feet from any other person who does not live with them.
b. Wear a face covering in public places or when working. Any individual who is over age two and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in a public place and unable to maintain a six-foot social distance. This requirement applies whether in an indoor space, such as a store, or in a public outdoor space where maintaining a six-foot social distance is not always possible.
c. Elderly people and those who are vulnerable as a result of illness should take additional precautions. People at high risk of severe illness from COVID-19, including elderly people and those with a health condition that may make them vulnerable, are urged to stay in their residence and minimize in-person contact with others to the extent possible.
d. Limit gatherings. Any gathering of more than fifty people is prohibited unless exempted by this Executive Order. Nothing in this Executive Order prohibits the gathering of members of a household or residence. Because in-person contact presents the greatest risk of transmission of COVID-19, Illinoisans are encouraged to continue limiting in-person contact with others and to expand their social contact cautiously. Gathering remotely continues to be the safest way to interact with those outside a household or residence.
e. Go outdoors. Public health guidance suggests that the risks of transmission of COVID-19 are greatly reduced outdoors as opposed to indoors. Where possible, Illinoisans are encouraged to conduct their activities outdoors.
3. Public health requirements for businesses, nonprofits, and other organizations. For the purposes of this Executive Order, covered businesses include any for-profit, non- profit, or educational entity, regardless of the nature of the service, the function it performs, or its corporate or entity structure. Those entities must take the following public health measures to protect their employees, their customers, and all others who come into physical contact with their operations:
ILLINOIS REGISTER 11708 20 EXECUTIVE ORDERS a. Requirements for all businesses. All businesses must:
• continue to evaluate which employees are able to work from home, and are encouraged to facilitate remote work from home when possible; • ensure that employees practice social distancing and wear face coverings when social distancing is not always possible; • ensure that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and • ensure that all visitors (customers, vendors, etc.) to the workplace can practice social distancing; but if maintaining a six-foot social distance will not be possible at all times, encourage visitors to wear face coverings; and • prominently post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General regarding workplace safety during the COVID-19 emergency.
The Department of Commerce and Economic Opportunity (DCEO), in partnership with IDPH, has developed industry-specific guidance and toolkits to help businesses operate safely and responsibly. These documents are available at: https://dceocovid19resources.com/restore-illinois/restore-illinois-phase-4/. b. Requirements for retail stores. Retail stores must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which include:
• provide face coverings to all employees who are not able to maintain a minimum six-foot social distance from customers and other employees at all times; • cap occupancy at 50 percent of store capacity, or, alternatively, at the occupancy limits based on store square footage set by the Department of Commerce and Economic Opportunity; • communicate with customers through in-store signage, and public service announcements and advertisements, about the social distancing and face covering requirements set forth in this Order; and • discontinue use of reusable bags. c. Requirements for manufacturers. Manufacturers must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which include:
• provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times;
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• ensure that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and • modify and downsize operations (staggering shifts, reducing line speeds, operating only essential lines, while shutting down non-essential lines) to the extent necessary to allow for social distancing and to provide a safe workplace in response to the COVID-19 emergency. d. Requirements for office buildings. Employers in office buildings must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which may include:
• provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times; • consider implementing capacity limits where the physical space does not allow for social distancing; • allow telework where possible; and • develop and prominently post plans and signage to ensure social distancing in shared spaces such as waiting rooms, service counters, and cafeterias. e. Requirements for meetings and events. Indoor venues and meeting spaces can operate with the lesser of fifty attendees or fifty percent of room capacity, and in accordance with DCEO guidance. f. Requirements for restaurants and bars. All businesses that offer food or beverages for on-premises consumption—including restaurants, bars, grocery stores, and food halls—may resume service for on-premises consumption, as permitted by DCEO guidance. Such businesses continue to be permitted and encouraged to serve food and beverages so that they may be consumed off- premises, as permitted by law, through means such as in-house delivery, third- party delivery, drive-through, and curbside pick-up. Establishments offering food or beverages for on-premises consumption or for carry-out must ensure that they have an environment where patrons maintain adequate social distancing. All businesses covered in this section may permit outdoor on-premises food and beverage consumption in accordance with DCEO guidance and when permitted by local ordinances and regulations. g. Requirements for fitness and exercise gyms. Fitness and exercise gyms may be open in a manner consistent with DCEO guidance, which involves operating for
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member workouts at a maximum of 50 percent capacity and with social distancing and other precautions.
h. Requirements for personal services facilities. Personal services facilities such as spas, hair salons, barber shops, nail salons, waxing centers, tattoo parlors, and similar facilities may be open but must ensure the use of face coverings, adherence to social distancing requirements, and use of capacity limits in accordance with DCEO guidance.
i. Requirements for outdoor recreation, youth day camps, and youth sports. Businesses offering outdoor recreation, youth day camps, and youth sports may be open but must ensure the use of face coverings, adherence to social distancing requirements, and must take other public health steps in accordance with DCEO guidance.
j. Requirements for places of public amusement. Places of public amusement may resume services consistent with DCEO guidance for indoor and outdoor recreation (including but not limited to arcades, bowling alleys, and driving ranges), museums and aquariums, zoos and botanical gardens, theaters and performing arts, and outdoor seated spectator events.
k. Requirements for film production. Film production may operate with restrictions contained in DCEO guidance.
l. Minimum basic operations. All businesses may continue to:
i. Perform necessary activities to maintain the value of the business's inventory, preserve the condition of the business's physical plant and equipment, ensure security, process payroll and employee benefits, or for related functions.
ii. Perform necessary activities to facilitate employees of the business being able to continue to work remotely.
iii. Fulfill online and telephonic retail orders through pick-up or delivery.
4. Exemptions.
a. Free exercise of religion. This Executive Order does not limit the free exercise of religion. To protect the health and safety of faith leaders, staff, congregants and visitors, religious organizations and houses of worship are encouraged to
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consult and follow the recommended practices and guidelines from the Illinois Department of Public Health. As set forth in the IDPH guidelines, the safest practices for religious organizations at this time are to provide services online, in a drive-in format, or outdoors (and consistent with social distancing requirements and guidance regarding wearing face coverings), and to limit indoor services to 10 people. Religious organizations are encouraged to take steps to ensure social distancing, the use of face coverings, and implementation of other public health measures.
b. Emergency functions. All first responders, emergency management personnel, emergency dispatchers, court personnel, law enforcement and corrections personnel, hazardous materials responders, child protection and child welfare personnel, housing and shelter personnel, military, and other governmental employees working for or to support the emergency response are exempt from this Executive Order, but are encouraged to practice social distancing and take recommended public health measures.
c. Governmental functions. This Executive Order does not apply to the United States government and does not affect services provided by the State or any municipal, township, county, subdivision or agency of government and needed to ensure the continuing operation of the government agencies or to provide for or support the health, safety and welfare of the public.
5. Social Distancing, Face Covering, and PPE Requirements. For purposes of this Executive Order, social distancing includes maintaining at least six-foot distance from other individuals, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not shaking hands.
a. Required measures. Businesses must take proactive measures to ensure compliance with Social Distancing Requirements, including where possible:
i. Designate six-foot distances. Designating with signage, tape, or by other means six-foot spacing for employees and customers to maintain appropriate distance;
ii. Hand sanitizer and sanitizing products. Having hand sanitizer and sanitizing products readily available for employees and customers; iii. Separate operating hours for vulnerable populations. Implementing separate operating hours for elderly and vulnerable customers;
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iv. Online and remote access. Posting online whether a facility is open and how best to reach the facility and continue services by phone or remotely; and
v. Face Coverings and PPE. Providing employees with appropriate face coverings and requiring that employees wear face coverings where maintaining a six-foot social distance is not possible at all times. When the work circumstances require, providing employees with other PPE in addition to face coverings.
6. Enforcement. This Executive Order may be enforced by State and local law enforcement pursuant to, inter alia, Section 7, Section 15, Section 18, and Section 19 of the Illinois Emergency Management Agency Act, 20 ILCS 3305.
Businesses must follow guidance provided or published by the Illinois Department of Commerce and Economic Opportunity regarding safety measures during Phase IV, and the Illinois Department of Public Health, local public health departments, and the Workplace Rights Bureau of the Office of the Illinois Attorney General with respect to Social Distancing Requirements. Pursuant to Section 25(b) of the Whistleblower Act, 740 ILCS 174, businesses are prohibited from retaliating against an employee for disclosing information where the employee has reasonable cause to believe that the information discloses a violation of this Order.
7. No limitation on authority. Nothing in this Executive Order shall, in any way, alter or modify any existing legal authority allowing the State or any county, or local government body to order (1) any quarantine or isolation that may require an individual to remain inside a particular residential property or medical facility for a limited period of time, including the duration of this public health emergency, or (2) any closure of a specific location for a limited period of time, including the duration of this public health emergency. Nothing in this Executive Order shall be construed as an exercise of any authority to order any quarantine, isolation, or closure. Nothing in this Executive Order shall, in any way, alter or modify any existing legal authority allowing a county or local government body to enact provisions that are stricter than those in this Executive Order.
8. Savings clause. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable. This Executive Order is meant to be read consistently with any Court order regarding this Executive Order.
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Issued by the Governor June 26, 2020 Filed by the Secretary of State June 26, 2020
2020-44 EXECUTIVE ORDER 2020-44 (COVID-19 EXECUTIVE ORDER NO. 42)
WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused extraordinary sickness and loss of life, infecting over 140,000 and growing, and taking the lives of thousands of residents; and,
WHEREAS, at all times but especially during a public health crisis, protecting the health and safety of Illinoisans is among the most important functions of State government; and,
WHEREAS, as Illinois enters the fifth month of responding to the public health disaster caused by Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads rapidly through respiratory transmissions and that continues to be without an effective treatment or vaccine, the burden on residents, healthcare providers, first responders, and governments throughout the State is unprecedented; and,
WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster Proclamations, the circumstances causing a disaster throughout the State have changed and continue to change, making definitive predictions of the course the virus will take over the coming months extremely difficult; and,
WHEREAS, in addition to causing the tragic loss of more than 6,800 Illinoisans and wreaking havoc on the physical health of tens of thousands more, COVID-19 has caused extensive economic loss and continues to threaten the financial welfare of a significant number of individuals and businesses across the nation and the State; and,
WHEREAS, on June 26, 2020, due to the continuing burden on hospital resources, the expected continuing spread of COVID-19, and the ongoing health and economic impacts that will be felt over the coming month by people across the State, I again declared all counties in the State of Illinois as a disaster area; and,
WHEREAS, in response to the epidemic emergency and public health emergency described above, I find it necessary to re-issue Executive Orders 2020-03, 2020-04, 2020-07, 2020-08, 2020-09, 2020-11, 2020-12, 2020-13, 2020-15, 2020-16, 2020-17, 2020-20, 2020-21, 2020-22, 2020-23, 2020-24, 2020-25, 2020-26, 2020-27, 2020-28, 2020-29, 2020-30, 2020-31, 2020-34,
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2020-35, 2020-36, 2020-40, 2020-41, and 2020-42 and hereby incorporate the WHEREAS clauses of those Executive Orders;
THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to the Illinois Constitution and Sections 7(1), 7(2), 7(3), 7(8), 7(9), and 7(12) of the Illinois Emergency Management Agency Act, 20 ILCS 3305, and consistent with the powers in public health laws, I hereby order the following, effective June 26, 2020:
Part 1: Re-Issue of Executive Orders.
Executive Orders 2020-03, 2020-04, 2020-07, 2020-08, 2020-09, 2020-11, 2020-12, 2020-13, 2020-15, 2020-16, 2020-17, 2020-20, 2020-21, 2020-22, 2020-23, 2020-24, 2020-25, 2020-26, 2020-27, 2020-28, 2020-29, 2020-30, 2020-31, 2020-34, 2020-35, 2020-36, 2020-40, 2020-41, and 2020-42 hereby are re-issued by this Executive Order 2020-44 as follows:
Executive Order 2020-04 (Closure of James R. Thompson Center; waiver of sick leave requirement for State employees):
Sections 2 and 3 of Executive Order 2020-04 are re-issued and extended through July 26, 2020.
Executive Order 2020-07 (In-person meeting requirements):
Section 6 of Executive Order 2020-07, as amended by Executive Order 2020-33 and as further amended and revised below, is re-issued and extended through July 26, 2020.
Section 6. The provision of the Illinois Finance Authority Act that "[a]ll meetings shall be conducted at a single location within the State with a quorum of members physically present at this location," 20 ILCS 3501/801-25, is suspended through July 26, 2020. The provision of the Illinois Administrative Code that a meeting of the Concealed Carry Licensing Review Board that a requires a "quorum is in attendance at a meeting" as a condition for when "Commissioners may attend telephonically or electronically," 20 Ill. Admin. Code 2900.110(c), is suspended through July 26, 2020.
Public bodies, including those listed specifically above, are encouraged to ensure that at least one member is physically present at the location of the meeting if others are attending telephonically or electronically. Public bodies must take steps to provide video, audio, and/or telephonic access to meetings to ensure members of the public may monitor the meeting, and to update their websites and social media feeds to keep the public fully apprised of any modifications to their meeting schedules or the format of their meetings due to COVID-19, as well their activities relating to COVID-19.
ILLINOIS REGISTER 11715 20 EXECUTIVE ORDERS
Executive Order 2020-08 (Secretary of State operations):
Sections 3 and 4 of Executive Order 2020-08, as amended by Executive Order 2020-39, are re-issued and extended through July 26, 2020.
Executive Order 2020-08 is further amended and revised as follows:
Section 5: During the duration of and for no more than thirty days following the termination of the Gubernatorial Disaster Proclamations, the requirements setting forth the time periods in which the Secretary must conduct hearings and issue final orders pursuant to Sections 2-118, 2-118.1 and 2-118.2 of the Illinois Vehicle Code are suspended.
Executive Order 2020-09 (Telehealth):
Executive Order 2020-09 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-11 (Revisions to prior Executive Orders; Department of Corrections notification period):
Section 4 of Executive Order 2020-11 is re-issued and extended through July 26, 2020.
Executive Order 2020-12 (Health care worker background checks; Department of Juvenile Justice notification period; Coal Mining Act):
Sections 1, 2, and 3 of Executive Order 2020-12 are re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-13 (Suspending Illinois Department of Corrections admissions from county jails):
Executive Order 2020-13 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-15 (Suspending provisions of the Illinois School Code):
Sections 5, 6, 7, 8, and 9 of Executive Order 2020-15 are re-issued and extended through July 26, 2020.
Executive Order 2020-16 (Repossession of vehicles; suspension of classroom training requirement for security services):
ILLINOIS REGISTER 11716 20 EXECUTIVE ORDERS
Executive Order 2020-16 is re-issued in its entirety and extended through July 26, 2020.
Executive Orders 2020-03 and 2020-17 (Cannabis deadlines and applications):
Executive Orders 2020-03 and 2020-17, as modified by Executive Order 2020-18, are re- issued and shall remain in effect as specified by Executive Order 2020-18.
Executive Order 2020-20 (Public assistance requirements):
Executive Order 2020-20 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-21 (Furlough of Illinois Department of Corrections inmates):
Executive Order 2020-21 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-22 (Township meetings; Funeral Directors and Embalmers Licensing Code; placements under the Child Care Act of 1969; fingerprint submissions under Health Care Worker Background Check Act):
Sections 2, 3, 4, 5 and the Savings Clause of Executive Order 2020-22 are re-issued and extended through July 26, 2020.
Executive Order 2020-23 (Actions by the Illinois Department of Financial and Professional Regulation for licensed professionals engaged in disaster response):
Executive Order 2020-23 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-24 (Illinois Department of Human Services Forensic Treatment Program; investigations of Illinois Department of Human Services employees):
Executive Order 2020-24 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-25 (Garnishment and wage deductions):
Executive Order 2020-25 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-26 (Hospital capacity):
Executive Order 2020-26 is re-issued in its entirety and extended through July 26, 2020.
ILLINOIS REGISTER 11717 20 EXECUTIVE ORDERS
Executive Order 2020-27 (Cadavers testing positive for COVID-19):
Executive Order 2020-27 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-28 (Industrial radiography certifications):
Executive Order 2020-28 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-29 (In-person education or exams for professional insurance licenses):
Executive Order 2020-29 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-30 (Filing of residential eviction actions; enforcement of non- residential eviction orders; expired consular identification documents; electronic filings for the Illinois Human Rights Commission):
Executive Order 2020-30, as amended by Executive Order 2020-33, is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-31 (Educator licensure and student graduation requirements):
Executive Order 2020-31 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-34 (Cannabis requirements):
Executive Order 2020-34 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-35 (IDPH regulatory activities):
Executive Order 2020-35 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-36 (Marriage licenses):
Executive Order 2020-36 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-40 (Resumption of limited in-person instruction at schools):
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Executive Order 2020-40, as amended below, is re-issued in its entirety and extended through July 26, 2020.
Section 1. All public and nonpublic schools in Illinois serving pre-kindergarten through 12th grade students may open for in-person educational purposes, such as summer school, following the completion of the regular 2019-2020 school term. All public and nonpublic schools may continue to provide food and other non-educational services. Schools must follow IDPH guidance during Phase 4 and take proactive measures to ensure the safety of students, staff, and visitors, including, but not limited to:
a. Limiting the number of people in one space to fifty or fewer, consistent with public health guidance. b. Ensuring compliance with social distancing requirements to the greatest extent possible. For purposes of this Executive Order, social distancing includes maintaining at least six-foot distance from other individuals and discouraging physical contact between individuals. c. Ensuring appropriate hygienic practices, including washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not hands), discouraging the sharing of personal items, and regularly cleaning high-touch surfaces. d. Requiring the use of appropriate personal protective equipment, including the use of face coverings by students, staff, and visitors who are over age two and able to medically tolerate a face covering. Schools must provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times and, to the extent possible, make disposable face coverings available for all students.
Executive Order 2020-41 (Sports wagering):
Executive Order 2020-41 is re-issued in its entirety and extended through July 26, 2020.
Executive Order 2020-42 (State Fairs):
Executive Order 2020-42 is re-issued in its entirety and extended through July 26, 2020.
Part 2: Savings Clause. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable.
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Issued by the Governor June 26, 2020 Filed by the Secretary of State June 26, 2020
2020-45 EXECUTIVE ORDER IN RESPONSE TO COVID-19 (COVID-19 EXECUTIVE ORDER NO. 43)
WHEREAS, Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness, has rapidly spread throughout Illinois in a short period of time, necessitating stringent guidance from federal, state, and local public health officials and significant measures to respond to the increasing public health disaster; and,
WHEREAS, COVID-19 can spread among people through respiratory transmissions, asymptomatic people can transmit the virus, and there is currently no effective treatment or vaccine; and,
WHEREAS, on March 9, 2020, I, JB Pritzker, Governor of Illinois, declared all counties in the State of Illinois as a disaster area in response to the outbreak of COVID-19; and,
WHEREAS, on April 1, 2020, I declared all counties in the State of Illinois as a disaster area due to the exponential spread of COVID-19; and,
WHEREAS, on April 30, 2020, due to the expected continuing spread of COVID-19 and the resulting health impacts across the State, as well as the need to prevent potential shortages of hospital beds, ICU beds, ventilators, personal protective equipment and materials for testing for the virus, I declared all counties in the State of Illinois as a disaster area; and,
WHEREAS, on May 29, 2020, due to the thousands of lives lost to COVID-19 in Illinois, the continued increase of cases, the continued threat of shortages of hospital beds, ER beds, and ventilators, the improved but still insufficient testing capacity, and the financial destruction caused by the virus, I again declared all counties in the State of Illinois as a disaster area; and,
WHEREAS, on June 26, 2020, due to the ongoing burden on hospital resources, the expected continuing spread of COVID-19, and the ongoing health and economic impacts that will be felt over the coming month by people across the State, I again declared all counties in the State of Illinois as a disaster area (together with the previous proclamations identified in this Executive Order, the Gubernatorial Disaster Proclamations); and,
WHEREAS, the Cannabis Regulation and Tax Act, 410 ILCS 705, and implementing regulations, Title 8, Section 1300 of the Illinois Administrative Code, require the Illinois
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Department of Agriculture (IDOA) to issue up to 40 Craft Grower Licenses, 410 ILCS 705/30- 5(a), up to 40 Infuser Licenses, 410 ILCS 705/35-5(a), and an unlimited number of Transporting Organization Licenses, 410 ILCS 705/40-5(a), by July 1, 2020; and,
WHEREAS, pursuant to Executive Order 2020-03 and Executive Order 2020-17, the application submission deadlines in the Cannabis Regulation and Tax Act and implementing regulations for submitting Craft Grower, Infuser, and Transporting Organization License applications by March 16, 2020, were suspended until April 30, 2020; and,
WHEREAS, the COVID-19 outbreak and the suspension of the application deadlines have created delays in IDOA's application review process and have impacted IDOA's ability to issue the Craft Grower, Infuser, and Transporting Organization Licenses by July 1, 2020; and,
WHEREAS, the Cannabis Regulation and Tax Act, 410 ILCS 705/20-30(m), prohibits cultivation centers from transporting cannabis to a craft grower, dispensing organization, infuser organization, or laboratory licensed under the Act without obtaining a Transporting Organization License beginning July 1, 2020; and,
WHEREAS, the Cannabis Regulation and Tax Act, 410 ILCS 705/25-5(a), requires IDOA, in coordination with the Illinois Community College Board, to establish a Community College Cannabis Vocational Pilot Program, and requires community colleges to submit applications to IDOA for the Community College Cannabis Vocational Pilot Program no later than July 1, 2020, 410 ILCS 705/25-10(a); and,
WHEREAS, the ability of community colleges to complete and submit applications to IDOA by July 1, 2020, may have been impacted by the COVID-19 outbreak and the measures that the State has enacted to address the COVID-19 outbreak;
THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to Sections 7(1) and 7(12) of the Illinois Emergency Management Agency Act, 20 ILCS 3305, I hereby order the following:
Section 1. During the duration of the Gubernatorial Disaster Proclamations, or until IDOA otherwise announces a new date no later than the termination of the Gubernatorial Disaster Proclamations, the following provisions of the Cannabis Regulation and Tax Act, 410 ILCS 705, and the implementing regulations, are hereby suspended as follows:
The requirement pursuant to 410 ILCS 705/30-5(a) that IDOA issue up to 40 Craft Grower Licenses by July 1, 2020, is suspended. IDOA shall provide notice to the public of the date such licenses will be issued;
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The requirement pursuant to 410 ILCS 705/35-5(a) that IDOA issue up to 40 Infuser Licenses by July 1, 2020, is suspended. IDOA shall provide notice to the public of the date such licenses will be issued; and,
The requirement pursuant to 410 ILCS 705/40-5(a) that IDOA issue Transporting Organization Licenses no later than July 1, 2020, is suspended. IDOA shall provide notice to the public of the date such licenses will be issued.
Section 2. During the duration of the Gubernatorial Disaster Proclamations, or until IDOA issues Transporting Organization Licenses pursuant to 410 ILCS 705/40-5(a), whichever is sooner, the requirement pursuant to 410 ILCS 705/20-30(m) and 8 Ill. Adm. Code 1300.195, that beginning July 1, 2020, a cultivation center shall not transport cannabis or cannabis-infused products to a craft grower, dispensing organization, infuser organization, or laboratory licensed under this Act, unless it has obtained a Transporting Organization License, is suspended.
Section 3. The July 1, 2020, deadline for submission of Community College Cannabis Vocational Pilot Program applications pursuant to 410 ILCS 705/25-10(a), and 8 Ill. Adm. Code 1300.202(a), is suspended until September 1, 2020, or until the termination of the Gubernatorial Disaster Proclamations, whichever is sooner.
Section 4. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable.
Issued by the Governor June 29, 2020 Filed by the Secretary of State June 29, 2020
ILLINOIS REGISTER 11722 20 PROCLAMATIONS
2020-53 Pride Month
WHEREAS, on June 28, 1969, the police raided the Stonewall Inn, a gay bar in Greenwich Village, New York City, spurring six days of protests, led by transgender women of color like Marsha P. Johnson and Sylvia Rivera, against police brutality and government-sanctioned discrimination of lesbian, gay, bisexual, transgender, and queer individuals; and,
WHEREAS, June is annually celebrated as Pride Month to commemorate the Stonewall Uprising, considered the catalyst of the modern LGBTQ+ rights movement, and to recognize the contributions that LGBTQ+ individuals have made to our society; and,
WHEREAS, this year's Pride Month comes at a particularly complex moment in the LGBTQ+ rights movement – at the same time as we celebrate the United States Supreme Court's historic ruling that helps protect LGBTQ+ workers across the nation from discrimination, hundreds of thousands of Americans, including many Black and LGBTQ+ people of color, are taking to the street to renew the struggle against police brutality, white supremacist vigilantism, and transphobia following the murders of Selena Reyes-Hernandez, Riah Milton, Dominique "Rem'mie" Fells, George Floyd, Breonna Taylor, Ahmaud Arbery, and too many others who have violently had their lives cut short; and,
WHEREAS, from day one, my administration has sought to protect LGBTQ+ individuals, including expanding HIV preventative care and treatment, funding gender-affirming surgeries, ensuring inclusive classrooms in which LGBTQ+ students are able to thrive and to see themselves reflected in the curriculum; and,
WHEREAS, Illinois is committed to becoming a national leader in equality and inclusion where people are not just tolerated but empowered to thrive, regardless of their sexual orientation or gender identity;
THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim June 2020 as Pride Month and urge all Illinoisans to reflect upon our history and envision our future and reaffirm our commitment to building a just and equitable society.
Issued by the Governor June 23, 2020 Filed by the Secretary of State June 23, 2020
2020-54 Gubernatorial Disaster Proclamation
ILLINOIS REGISTER 11723 20 PROCLAMATIONS
WHEREAS, the City of DePue, in Bureau County, suffered significant and extensive damage as a result of a thunderstorms during the late afternoon and early evening hours of May 28, 2020; and
WHEREAS, due to the thunderstorms, the City of DePue saw approximately 3.00 inches of rain in 50 minutes which caused high impact flash flooding that persisted for approximately 2 hours and inflicted substantial damage to residences and public infrastructure in the community; and
WHEREAS, the City of DePue and its residents continue to struggle to repair the damages and recover from the flash flooding incident; and
WHEREAS, based on reports received by the Illinois Emergency Management Agency, local resources and capabilities have been exhausted and State resources are needed to respond to and recover from the effects of the severe thunderstorms and flash flooding; and
WHEREAS, these conditions provide legal justification under section 7 of the Illinois Emergency Management Act for the issuance of a proclamation of disaster.
NOW, THEREFORE, in the interest of aiding the people of Illinois and the local governments responsible for ensuring public health and safety, I, JB Pritzker, Governor of the State of Illinois, hereby proclaim as follows:
Section 1. Pursuant to the provisions of Section 7 of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7, I find that a disaster exists within the State of Illinois and specifically declare Bureau County as a disaster area.
Section 2. The Illinois Emergency Management Agency is directed to continue implementing the State Emergency Operations Plan to coordinate State resources to support local governments in disaster response and recovery operations.
Section 3. To aid with emergency purchases necessary for response and other emergency powers as authorized by the Illinois Emergency Management Agency Act, the provisions of the Illinois Procurement Code that would in any way prevent, hinder or delay necessary action in coping with the disaster are suspended to the extent they are not required by federal law.
Section 4. This proclamation can facilitate a request for Federal disaster assistance if a complete and comprehensive assessment of damage indicates that effective recovery is beyond the capabilities of the State and affected local governments.
Section 5. This proclamation shall be effective immediately and remain in effect for 30 days.
ILLINOIS REGISTER 11724 20 PROCLAMATIONS
Issued by the Governor June 25, 2020 Filed by the Secretary of State June 25, 2020
2020-55 Gubernatorial Disaster Proclamation
WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused extraordinary sickness and loss of life, infecting over 140,000 and growing, and taking the lives of thousands of residents; and,
WHEREAS, at all times but especially during a public health crisis, protecting the health and safety of Illinoisans is among the most important functions of State government; and,
WHEREAS, it is critical that Illinoisans who become sick are able to be treated by medical professionals, including when a hospital bed, emergency room bed, or ventilator is needed; and,
WHEREAS, it is also critical that the State's health care and first responder workforce has adequate personal protective equipment (PPE) to safely treat patients, respond to public health disasters, and prevent the spread of communicable diseases; and,
WHEREAS, as Illinois enters the fifth month of responding to the public health disaster caused by Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads rapidly through respiratory transmissions and that continues to be without an effective treatment or vaccine, the burden on residents, healthcare providers, first responders, and governments throughout the State is unprecedented; and,
WHEREAS, the World Health Organization declared COVID-19 a Public Health Emergency of International Concern on January 30, 2020, and the United States Secretary of Health and Human Services declared that COVID-19 presents a public health emergency on January 27, 2020; and,
WHEREAS, on March 11, 2020, the World Health Organization characterized the COVID-19 outbreak as a pandemic, and has now reported more than 9 million confirmed cases of COVID- 19 and 475,000 deaths attributable to COVID-19 globally; and,
WHEREAS, despite efforts to contain COVID-19, the World Health Organization and the federal Centers for Disease Control and Prevention (CDC) indicated that the virus was expected to continue spreading and it has, in fact, continued to spread rapidly, resulting in the need for federal and State governments to take significant steps; and,
ILLINOIS REGISTER 11725 20 PROCLAMATIONS
WHEREAS, on March 9, 2020, I, JB Pritzker, Governor of Illinois, declared all counties in the State of Illinois as a disaster area in response to the outbreak of COVID-19; and,
WHEREAS, on March 13, 2020, the President declared a nationwide emergency pursuant to Section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act"), covering all states and territories, including Illinois; and,
WHEREAS, on March 26, 2020, the President declared a major disaster in Illinois pursuant to Section 401 of the Stafford Act; and,
WHEREAS, on April 1, 2020, due to the exponential spread of COVID-19 in Illinois, I declared all counties in the State of Illinois as a disaster area; and,
WHEREAS, on April 30, 2020, due to the continued spread of COVID-19 in Illinois, the threatened shortages of hospital beds, ER beds, and ventilators, and the inadequate testing capacity, I declared all counties in the State of Illinois as a disaster area; and,
WHEREAS, on May 29, 2020, due to the continued spread of COVID-19 in Illinois, and the resulting health and economic impacts of the virus, and the need to increase testing capacity, I declared all counties in the State of Illinois as a disaster area; and,
WHEREAS, as circumstances surrounding COVID-19 rapidly evolve and new evidence emerges, there have been frequent changes in information and public health guidance; and,
WHEREAS, the unprecedented nature of COVID-19, including the health consequences it has on not just the respiratory system but the heart, brain, kidneys, and the body's immune response, has made the virus's effects and its path difficult to predict; and,
WHEREAS, from the outset, data suggested that older adults and those with serious underlying health conditions are more likely to experience severe and sometimes fatal complications from COVID-19; and,
WHEREAS, emerging evidence has shown that young people, including infants and toddlers, are also at risk of such complications; and,
WHEREAS, young and middle-aged people have comprised a significant proportion of hospitalized COVID-19 patients, and there is evidence that COVID-19 causes blood clots and strokes, and has caused deadly strokes in young and middle-aged people who exhibited few symptoms; and,
ILLINOIS REGISTER 11726 20 PROCLAMATIONS
WHEREAS, the understanding of spread from infected individuals who have not shown symptoms has changed and, on April 12, 2020, the CDC changed the period of exposure risk from "onset of symptoms" to "48 hours before symptom onset"; and,
WHEREAS, some people infected by the virus remain asymptomatic but nonetheless may spread it to others; and,
WHEREAS, although the CDC initially recommended against wearing cloth face coverings or masks as protection, as a result of research on asymptomatic and pre-symptomatic transmission, the CDC revised its conclusions and recommends wearing cloth face coverings in public settings where social distancing measures are difficult to maintain; and,
WHEREAS, public health research and guidance increasingly supports wearing cloth face coverings in public settings where social distancing measures are difficult to maintain, and indicates that the risk of transmission outdoors is less than the risk of transmission indoors; and,
WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster Proclamations, the circumstances causing a disaster throughout the State have changed and continue to change, making definitive predictions of the course the virus will take over the coming months extremely difficult; and,
WHEREAS, at the time I issued the first Gubernatorial Disaster Proclamation, there were 11 confirmed cases of COVID-19 in one Illinois county; and,
WHEREAS, as of today, June 26, 2020, there have been over 140,000 confirmed cases of COVID-19 in 101 Illinois counties; and,
WHEREAS, the first death attributed to COVID-19 in Illinois was announced on March 17, 2020; and,
WHEREAS, as of today, June 26, 2020, more than 6,800 residents of Illinois have died due to COVID-19; and,
WHEREAS, from the outset, studies have suggested that for every confirmed case there are many more unknown cases, some of which are asymptomatic individuals who can pass the virus to others without knowing; and,
WHEREAS, the CDC now estimates that for every reported case of COVID-19, there are 10 unreported infections, resulting in a number of total cases in the country that may be 10 times higher than currently reported; and,
ILLINOIS REGISTER 11727 20 PROCLAMATIONS
WHEREAS, although the number of new COVID-19 cases has decreased in recent weeks, the virus continues to infect thousands of individuals and claim the lives of too many Illinoisans each day; and,
WHEREAS, while the precautions taken by Illinoisans have led to a steep decline in the number of COVID-19 cases and deaths in the State in recent weeks, other states that have resisted taking public health precautions or that lifted those precautions earlier are now experiencing exponential growth and record high numbers of cases; and,
WHEREAS, on June 25, 2020, the U.S. reported more than 40,000 new COVID-19 cases, a record number; and,
WHEREAS, public health experts have warned of a "second wave" of COVID-19 cases; and,
WHEREAS, COVID-19 has claimed the lives of and continues to impact the health of Black and Hispanic Illinoisans at a disproportionately high rate – magnifying significant health disparities and inequities; and,
WHEREAS, the Illinois Department of Public Health activated its Illinois Emergency Operations Plan and its Emergency Support Function 8 Plan to coordinate emergency response efforts by hospitals, local health departments, and emergency management systems in order to avoid a surge in the use of hospital resources and capacity; and,
WHEREAS, as the virus has progressed through Illinois, the crisis facing the State continues to develop and requires an evolving response to ensure hospitals, health care professionals and first responders are able to meet the health care needs of all Illinoisans and in a manner consistent with CDC guidance that continues to be updated; and,
WHEREAS, in order to ensure that health care professionals, first responders, hospitals and other facilities are able to meet the health care needs of all residents of Illinois, the State must have critical supplies, including PPE, such as masks, face shields, gowns, and gloves; and,
WHEREAS, the State of Illinois maintains a stockpile that supports the existing PPE supply chains and stocks at various healthcare facilities; and,
WHEREAS, while the State continues to make every effort to procure PPE, if those procurement efforts are disrupted or Illinois experiences a surge in COVID-19 cases, the State faces a life-threatening shortage of respirators, masks, protective eyewear, face shields, gloves, gowns, and other protective equipment for health care workers and first responders; and,
ILLINOIS REGISTER 11728 20 PROCLAMATIONS
WHEREAS, while hospitalizations have declined, Illinois is using a significant percentage of hospital beds and ICU beds, and, if COVID-19 cases were to surge, the State could face a shortage of critical health care resources; and,
WHEREAS, the State worked with top researchers from the University of Illinois at Urbana- Champaign, the Northwestern School of Medicine, the University of Chicago, the Chicago and Illinois Departments of Public Health, along with McKinsey and Mier Consulting Group, and Civis Analytics, to analyze daily data on COVID-19 deaths and ICU usage and model potential outcomes; and,
WHEREAS, the State's modeling shows the tail of the COVID-19 epi curve extending several more weeks; and,
WHEREAS, the State's modeling continues to show that without extensive social distancing and other precautions, the State will face a shortage of hospital beds, ICU beds and/or ventilators; and,
WHEREAS, over the course of the COVID-19 crisis, the State has been constrained in the number of COVID-19 tests that can be taken and processed due to a limited number of testing sites and labs, as well as a shortage of necessary supplies, including the swabs needed to take samples; and,
WHEREAS, at the time I issued the first Gubernatorial Disaster Proclamation, Illinois had capacity to test no more than a few hundred people per day for COVID-19 at a small number of testing sites; and,
WHEREAS, the State has developed testing sites throughout Illinois and yesterday exceeded 30,000 tests in a single day, and testing capacity continues to increase; and,
WHEREAS, Illinois now has tested nearly 1.5 million total specimens for COVID-19; and,
WHEREAS, national projections adjusted for Illinois' population suggest the State must continue to increase the number of tests processed per day as part of an effective effort to permanently slow and reduce the spread of COVID-19; and,
WHEREAS, in addition to causing the tragic loss of more than 6,800 Illinoisans and wreaking havoc on the physical health of tens of thousands more, COVID-19 has caused extensive economic loss and continues to threaten the financial welfare of a significant number of individuals and businesses across the nation and the State; and,
ILLINOIS REGISTER 11729 20 PROCLAMATIONS
WHEREAS, nationwide, more than 47 million people have filed unemployment claims since the start of the pandemic – representing more than one in four U.S. workers; and,
WHEREAS, the Illinois Department of Employment Security announced that the State's unemployment rate rose to 16.4% in April, with 762,000 jobs lost during that month; and,
WHEREAS, the Illinois Department of Employment Security announced that the State's unemployment rate was 15.2% in May, and that major Illinois industries such as leisure and hospitality, transportation and utilities, and educational and health services had been particularly hard-hit during the March to May period; and,
WHEREAS, the Illinois Department of Employment Security is responding to the economic crisis in a number of ways, including through the Pandemic Unemployment Assistance program; and,
WHEREAS, over 180,000 small businesses in Illinois received over $22 billion in COVID-19 related financial support through the federal Paycheck Protection Program in an effort to prevent these businesses from closing; and,
WHEREAS, the Department of Commerce and Economic Opportunity is working to address the economic crisis, including through assistance programs such as the Business Interruption Grants Program for businesses that experienced a limited ability to operate due to COVID-19 related closures; and,
WHEREAS, the economic loss and insecurity caused by COVID-19 threatens the viability of business and the access to housing, medical care, food, and other critical resources that directly impact the health and safety of residents; and,
WHEREAS, based on the foregoing facts, and considering the expected continuing spread of COVID-19 and the ongoing health and economic impacts that will be felt over the coming month by people across the State, the current circumstances in Illinois surrounding the spread of COVID-19 constitute an epidemic emergency and a public health emergency under Section 4 of the Illinois Emergency Management Agency Act; and,
WHEREAS, based on the foregoing, the continuing burden on hospital resources, the potential shortages of these resources in the event of a surge in infections, and the critical need to increase the purchase and distribution of PPE as well as to expand COVID-19 testing capacity constitute a public health emergency under Section 4 of the Illinois Emergency Management Agency Act; and,
ILLINOIS REGISTER 11730 20 PROCLAMATIONS
WHEREAS, it is the policy of the State of Illinois to be prepared to address any disasters and, therefore, it is necessary and appropriate to make additional State resources available to ensure that that our healthcare delivery system is capable of serving those who are sick and that Illinoisans remain safe and secure and able to obtain medical care; and,
WHEREAS, this proclamation will assist the State in facilitating economic recovery for individuals and businesses in an effort to prevent further devastating consequences from the economic instability COVID-19 has caused; and,
WHEREAS, this proclamation will assist Illinois agencies in coordinating State and Federal resources, including materials needed to test for COVID-19, personal protective equipment, and medicines, in an effort to support the State responses as well as the responses of local governments to the present public health emergency; and,
WHEREAS, these conditions provide legal justification under Section 7 of the Illinois Emergency Management Agency Act for the new issuance of a proclamation of disaster; and,
WHEREAS, the Illinois Constitution, in Article V, Section 8, provides that "the Governor shall have the supreme executive power, and shall be responsible for the faithful execution of the laws," and states, in the Preamble, that a central purpose of the Illinois Constitution is "provide for the health, safety, and welfare of the people";
NOW, THEREFORE, in the interest of aiding the people of Illinois and the local governments responsible for ensuring public health and safety, I, JB Pritzker, Governor of the State of Illinois, hereby proclaim as follows:
Section 1. Pursuant to the provisions of Section 7 of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7, I find that a disaster exists within the State of Illinois and specifically declare all counties in the State of Illinois as a disaster area. The proclamation authorizes the exercise of all of the emergency powers provided in Section 7 of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7, including but not limited to those specific emergency powers set forth below.
Section 2. The Illinois Department of Public Health and the Illinois Emergency Management Agency are directed to coordinate with each other with respect to planning for and responding to the present public health emergency.
Section 3. The Illinois Department of Public Health is further directed to cooperate with the Governor, other State agencies and local authorities, including local public health authorities, in the development and implementation of strategies and plans to protect the public health in connection with the present public health emergency.
ILLINOIS REGISTER 11731 20 PROCLAMATIONS
Section 4. The Illinois Emergency Management Agency is directed to implement the State Emergency Operations Plan to coordinate State resources to support local governments in disaster response and recovery operations.
Section 5. To aid with emergency purchases necessary for response and other emergency powers as authorized by the Illinois Emergency Management Agency Act, the provisions of the Illinois Procurement Code that would in any way prevent, hinder or delay necessary action in coping with the disaster are suspended to the extent they are not required by federal law. If necessary, and in accordance with Section 7(1) of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7(1), the Governor may take appropriate executive action to suspend additional statutes, orders, rules, and regulations.
Section 6. Pursuant to Section 7(3) of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7(3), this proclamation activates the Governor's authority, as necessary, to transfer the direction, personnel or functions of State departments and agencies or units thereof for the purpose of performing or facilitating emergency response programs.
Section 7. The Illinois Department of Public Health, Illinois Department of Insurance and the Illinois Department of Healthcare and Family Services are directed to recommend, and, as appropriate, take necessary actions to ensure expanded access to testing for COVID-19 and that consumers do not face financial barriers in accessing diagnostic testing and treatment services for COVID-19.
Section 8. The Illinois State Board of Education is directed to recommend, and, as appropriate, take necessary actions to address any impact to learning associated with the present public health emergency and to alleviate any barriers to the use of remote learning during the effect of this proclamation that exist in the Illinois School Code, 105 ILCS 5/1-1 et. seq.
Section 9. All State agencies are directed to cooperate with the Governor, other State agencies and local authorities in the development and implementation of strategies and plans to cope with and recover from the economic impact of the present public health emergency.
Section 10. Pursuant to Section 7(14) of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7(14), increases in the selling price of goods or services, including medical supplies, protective equipment, medications and other commodities intended to assist in the prevention of or treatment and recovery of COVID-19, shall be prohibited in the State of Illinois while this proclamation is in effect.
ILLINOIS REGISTER 11732 20 PROCLAMATIONS
Section 11. This proclamation can facilitate requests for federal emergency and/or disaster assistance if a complete and comprehensive assessment of damage indicates that effective recovery is beyond the capabilities of the State and affected local governments.
Section 12. For purposes of Senate Bill 2135 (101st General Assembly), Article 15, section 15- 5, amending the Open Meetings Act, new section 5 ILCS 120/7(e)(4), I find that the public health concerns at issue in this proclamation render in-person attendance of more than fifty people at the regular meeting location not feasible.
Section 13. This proclamation shall be effective immediately and remain in effect for 30 days.
Issued by the Governor June 26, 2020 Filed by the Secretary of State June 26, 2020