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
March 13, 2020 Volume 44, Issue 11
PROPOSED RULES AGRICULTURE, DEPARTMENT OF Cannabis Regulation and Tax Act 8 Ill. Adm. Code 1300...... 3586 BOARD OF HIGHER EDUCATION, ILLINOIS General Grant Programs 23 Ill. Adm. Code 1001...... 3799 HUMAN SERVICES, DEPARTMENT OF Temporary Assistance for Needy Families 89 Ill. Adm. Code 112...... 3807 Aid to the Aged, Blind or Disabled 89 Ill. Adm. Code 113...... 3825 Early Intervention Program 89 Ill. Adm. Code 500...... 3836 STATE BOARD OF EDUCATION, ILLINOIS Voluntary Registration and Recognition of Nonpublic Schools 23 Ill. Adm. Code 425...... 3844 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS The Administration and Operation of the State Employees' Retirement System of Illinois 80 Ill. Adm. Code 1540...... 3869 ADOPTED RULES CHIEF PROCUREMENT OFFICER FOR HIGHER EDUCATION Chief Procurement Officer for Public Institutions of Higher Education Standard Procurement 44 Ill. Adm. Code 4…...... 3884 INSURANCE, DEPARTMENT OF Variable Contracts 50 Ill. Adm. Code 1551...... 3896 Licensing and Suitability Requirements for the Solicitation of Variable Contracts (Repealer) 50 Ill. Adm. Code 3117...... 3908 Pre-Licensing and Continuing Education 50 Ill. Adm. Code 3119...... 3910 NATURAL RESOURCES, DEPARTMENT OF Sport Fishing Regulations for the Waters of Illinois 17 Ill. Adm. Code 810...... 3916 Commercial Fishing and Musseling in Certain Waters of the State 17 Ill. Adm. Code 830...... 4030 Commercial Fishing in Lake Michigan
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17 Ill. Adm. Code 850...... 4040 Illinois Natural Areas Stewardship Grant Program 17 Ill. Adm. Code 3051...... 4049 EMERGENCY RULES GAMING BOARD, ILLINOIS Sports Wagering (Emergency Amendment to Emergency Rule) 11 Ill. Adm. Code 1900...... 4062 STATE BOARD OF EDUCATION, ILLINOIS Public School Evaluation, Recognition and Supervision (Emergency Amendment to Emergency Rule) 23 Ill. Adm. Code 1…...... 4085 JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA JOINT COMMITTEE ON ADMINISTRATIVE RULES March Agenda…………..…...... 4104 SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices Received…...... 4108
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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.
The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules adopted by State agencies). The most recent edition of the Code, along with the Register, comprise the most current accounting of State agencies' rulemakings.
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 iii
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
iv ILLINOIS REGISTER 3586 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
1) Heading of the Part: Cannabis Regulation and Tax Act
2) Code Citation: 8 Ill. Adm. Code 1300
3) Section Numbers: Proposed Actions: 1300.10 New Section 1300.20 New Section 1300.30 New Section 1300.40 New Section 1300.100 New Section 1300.102 New Section 1300.103 New Section 1300.105 New Section 1300.110 New Section 1300.115 New Section 1300.120 New Section 1300.130 New Section 1300.145 New Section 1300.150 New Section 1300.155 New Section 1300.160 New Section 1300.165 New Section 1300.170 New Section 1300.175 New Section 1300.180 New Section 1300.185 New Section 1300.195 New Section 1300.200 New Section 1300.202 New Section 1300.205 New Section 1300.215 New Section 1300.220 New Section 1300.230 New Section 1300.235 New Section 1300.245 New Section 1300.265 New Section 1300.275 New Section 1300.280 New Section 1300.295 New Section
ILLINOIS REGISTER 3587 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
1300.300 New Section 1300.305 New Section 1300.307 New Section 1300.310 New Section 1300.315 New Section 1300.320 New Section 1300.330 New Section 1300.345 New Section 1300.350 New Section 1300.355 New Section 1300.360 New Section 1300.365 New Section 1300.370 New Section 1300.375 New Section 1300.380 New Section 1300.385 New Section 1300.395 New Section 1300.400 New Section 1300.405 New Section 1300.407 New Section 1300.410 New Section 1300.415 New Section 1300.420 New Section 1300.430 New Section 1300.445 New Section 1300.450 New Section 1300.455 New Section 1300.460 New Section 1300.465 New Section 1300.470 New Section 1300.475 New Section 1300.480 New Section 1300.485 New Section 1300.495 New Section 1300.500 New Section 1300.510 New Section 1300.520 New Section 1300.530 New Section 1300.540 New Section
ILLINOIS REGISTER 3588 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
1300.550 New Section 1300.560 New Section 1300.570 New Section 1300.580 New Section 1300.590 New Section 1300.595 New Section 1300.600 New Section 1300.610 New Section 1300.620 New Section 1300.630 New Section 1300.640 New Section 1300.650 New Section 1300.710 New Section 1300.800 New Section 1300.810 New Section 1300.820 New Section 1300.830 New Section 1300.840 New Section 1300.900 New Section 1300.910 New Section 1300.920 New Section 1300.930 New Section 1300.940 New Section 1300.APPENDIX A New Section
4) Statutory Authority: Implementing and authorized by the Cannabis Regulation and Tax Act [410 ILCS 705].
5) A Complete Description of the Subjects and Issues Involved: Completes the Department's responsibilities under the Cannabis Regulation and Tax Act, 410 ILCS 705/55-35(b)(1), related to regulating the cultivation of cannabis. The Department rules may address, but are not limited to, the following matters related to cultivation centers, craft growers, infuser organizations, and transporting organizations with the goal of protecting against diversion and theft, without imposing an undue burden on the cultivation centers, craft growers, infuser organizations, or transporting organizations: (1) oversight requirements for cultivation centers, craft growers, infuser organizations, and transporting organizations; (2) recordkeeping requirements for cultivation centers, craft growers, infuser organizations, and transporting organizations; (3) security requirements for cultivation centers, craft growers, infuser organizations, and transporting
ILLINOIS REGISTER 3589 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
organizations, which shall include that each cultivation center, craft grower, infuser organization, and transporting organization location must be protected by a fully operational security alarm system; (4) standards for enclosed, locked facilities under the Act; (5) procedures for suspending or revoking the identification cards of agents of cultivation centers, craft growers, infuser organizations, and transporting organizations that commit violations of the Act or the rules adopted by the Department; (6) rules concerning the intrastate transportation of cannabis from a cultivation center, craft grower, infuser organization, and transporting organization to a dispensing organization; (7) standards concerning the testing, quality, cultivation, and processing of cannabis; and (8) any other matters under oversight by the Department as are necessary for the fair, impartial, stringent, and comprehensive administration of the Act.
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? Yes, 44 Ill. Reg. 1466, effective January 1, 2020
8) Does this rulemaking contain an automatic repeal date? No
9) Does this rulemaking contain incorporations by reference? 8 Ill. Adm. Code 1000.420
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:
Albert A. Coll Illinois Department of Agriculture State Fairgrounds, P. O. Box 19281 Springfield IL 62794-9281
217/782-5051 fax: 217/785-4505
ILLINOIS REGISTER 3590 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
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: July 2019
The full text of the Proposed Rules begins on the next page:
ILLINOIS REGISTER 3591 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
TITLE 8: AGRICULTURE AND ANIMALS CHAPTER I: ILLINOIS DEPARTMENT OF AGRICULTURE SUBCHAPTER v: LICENSING AND REGULATIONS
PART 1300 CANNABIS REGULATION AND TAX ACT
SUBPART A: GENERAL PROVISIONS
Section 1300.10 Definitions and Incorporations 1300.20 Referenced Materials 1300.30 Scope and Application 1300.40 Operation of a Cannabis Business Establishment
SUBPART B: ADULT USE CULTIVATION CENTERS
Section 1300.100 Application, Selection, and Operation of Early Adult Use Cultivation Center License 1300.102 Application for Conditional Adult Use Cultivation Center License 1300.103 Financial Disclosure 1300.105 License Selection Criteria 1300.110 License Denial and Prohibitions 1300.115 License Award, Issuance and Transferability 1300.120 License Renewal 1300.130 Modifications and Alterations 1300.145 Background Check 1300.150 Specifications 1300.155 Records 1300.160 Signage 1300.165 Agents and Identification Cards 1300.170 Operations – Plant Production 1300.175 Operations – Infused or Processed Products 1300.180 Inventory 1300.185 Security 1300.195 Transportation
SUBPART C: COMMUNITY COLLEGE
ILLINOIS REGISTER 3592 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
CANNABIS VOCATIONAL PILOT PROGRAM
Section 1300.200 Definitions 1300.202 License Application 1300.205 License Selection Criteria 1300.215 License Transferability 1300.220 License Renewal 1300.230 Modifications and Alterations 1300.235 License Awards and Denials 1300.245 Agents and Identification Cards 1300.265 Background Check 1300.275 Program Operations 1300.280 Enforcement 1300.295 Requests for Information
SUBPART D: CRAFT GROWERS
Section 1300.300 License Application 1300.305 Financial Disclosure 1300.307 License Selection Criteria 1300.310 License Denial and Prohibitions 1300.315 License Award, Issuance and Transferability 1300.320 License Renewal 1300.330 Modifications and Alterations 1300.345 Background Check 1300.350 Specifications 1300.355 Records 1300.360 Signage 1300.365 Agents and Identification Cards 1300.370 Operations – Plant Production 1300.375 Operations – Infused or Processed Products 1300.380 Inventory 1300.385 Security 1300.395 Transportation
SUBPART E: INFUSERS
ILLINOIS REGISTER 3593 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Section 1300.400 License Application 1300.405 Financial Disclosure 1300.407 License Selection Criteria 1300.410 License Denial and Prohibitions 1300.415 License Award, Issuance and Transferability 1300.420 License Renewal 1300.430 Modifications and Alterations 1300.445 Background Check 1300.450 Specifications 1300.455 Records 1300.460 Signage 1300.465 Agents and Identification Cards 1300.470 Operations – General Requirements 1300.475 Operations – Infused Products 1300.480 Inventory 1300.485 Security 1300.495 Transportation
SUBPART F: TRANSPORTERS
Section 1300.500 License Requirements 1300.510 License Application 1300.520 License Selection Criteria 1300.530 License Denial and Prohibitions 1300.540 License Issuance and Transferability 1300.550 License Renewal 1300.560 Modifications and Alterations 1300.570 Background Check 1300.580 Records 1300.590 Agents and Identification Cards 1300.595 Operations
SUBPART G: ENFORCEMENT AND IMMUNITIES
Section 1300.600 Investigations 1300.610 License Suspension
ILLINOIS REGISTER 3594 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
1300.620 License Revocation 1300.630 Fines 1300.640 Administrative Hearings 1300.650 Petition for Rehearing
SUBPART H: LABORATORY TESTING
Section 1300.700 Laboratory Testing
SUBPART I: DESTRUCTION OF CANNABIS
Section 1300.800 Scope 1300.810 Notice to the Department 1300.820 Method of Destruction 1300.830 Records 1300.840 Disposal
SUBPART J: CANNABIS PACKAGING AND LABELING
Section 1300.900 Registration 1300.910 Registration Fee 1300.920 Container and Packaging Requirements 1300.930 Labeling Requirements 1300.940 Warnings
1300.APPENDIX A Authorized Pesticides
AUTHORITY: Implementing and authorized by the Cannabis Regulation and Tax Act [410 ILCS 705].
SOURCE: Emergency rules adopted at 44 Ill. Reg. 1466, effective January 1, 2020, for a maximum of 180 days; adopted at 44 Ill. Reg. ______, effective ______.
SUBPART A: GENERAL PROVISIONS
Section 1300.10 Definitions and Incorporations
ILLINOIS REGISTER 3595 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Definitions for this Part can be located in Section 10 of the Cannabis Regulation and Tax Act [410 ILCS 705]. The following definitions shall also apply to this Part:
"Act" means the Cannabis Regulation and Tax Act [410 ILCS 705].
"Adult Use Cultivation Center License" means a license issued by the Department of Agriculture that licenses a person to act as a cultivation center under the Act and any administrative rule made in furtherance of the Act. [410 ILCS 705/1-10]
"Advertise" means to engage in promotional activities including, but not limited to: newspaper, radio, Internet and electronic media, and television advertising; the distribution of fliers and circulars; and the display of window and interior signs. [410 ILCS 705/1-10]
"Alarm System" means a device or series of devices intended to summon law enforcement personnel during, or as a result of, an alarm condition. Devices may include hard-wired systems and systems interconnected with a radio frequency method such as cellular or private radio signals that emit or transmit a remote or local audible, visual or electronic signal; motion detectors, pressure switches, duress alarms (a silent system signal generated by the entry of a designated code into the arming station to indicate that the user is disarming under duress); panic alarms (an audible system signal to indicate an emergency situation); and hold-up alarms (a silent system signal to indicate that a robbery is in progress). The Department and law enforcement agencies shall have the ability to access a cultivation center's security alarm system in real-time.
"Alterations" means permanent non-cosmetic changes in activities or processes at a cultivation center, or changes in production, handling or storage of the product mix, that do not modify the functions of facility structures or systems.
"Applicant" means the proposed licensee name as stated on the license application.
"Area Zoned for Residential Use" means an area zoned exclusively for residential use; provided that, in municipalities with a population over 2,000,000 people, an "area zoned for residential use" means an area zoned as a residential district or a residential planned development. An area that allows non-residential uses shall not be considered an area zoned exclusively for residential use.
ILLINOIS REGISTER 3596 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
"Batch" means the established segregation of a group of plants at the time of planting for the control of quantity, traceability and/or strain. A batch number will be assigned at the time of planting for a specified number of plants.
"Batch Number" means a unique numeric or alphanumeric identifier assigned to a batch by a cultivation center when the batch is first planted. The batch number shall contain the facility number and a sequence to allow for inventory and traceability.
"Biosecurity" means a set of preventative measures designed to reduce the risk of transmission of infectious diseases in crops, quarantined pests, invasive alien species, and living modified organisms.
"Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds of that plant; the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis-infused products. [410 ILCS 705/1-10]
"Cannabis Business Establishment" means a cultivation center, craft grower, infuser, dispensing organization, or transporter. [410 ILCS 705/1-10]
"Cannabis Container" means a sealed, traceable container or package used for the purpose of containment of cannabis or cannabis-infused product during transportation. [410 ILCS 705/1-10]
ILLINOIS REGISTER 3597 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
"Cannabis-infused Product" means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked. [410 ILCS 705/1-10]
"Cannabis Product" means a product containing medical or adult use cannabis either in a physical form or infused with an extracted resin.
"Cannabis Waste" means all cannabis byproduct, scrap, harvested cannabis, and cannabis-infused products not intended for distribution to a dispensing organization.
"Canopy Space" means the surface area utilized to produce mature plants calculated in square feet and measured using the outside boundaries of any area that includes mature marijuana plants, including all the space within the boundaries. The square footage of canopy space is measured horizontally starting from the outermost point of the furthest mature flowering plant in a designated growing space and continuing around the outside of all mature flowering plants located within the designated growing space. If growing spaces are stacked vertically, each level of space shall be measured and included as part of the total canopy space measurement.
"Community College Cannabis Vocational Training Pilot Program Faculty Participant" means a person who is 21 years of age or older, licensed by the Department of Agriculture, and employed or contracted by an Illinois community college to provide student instruction using cannabis plants at an Illinois Community College. [410 ILCS 705/1-10]
"Conditional Adult Use Cultivation Center License" or "CAUCCL" means a license awarded to top-scoring applicants for an Adult Use Cultivation Organization License that reserves the right to an Adult Use Cultivation Center License if the applicant meets certain criteria set forth in this Part. [410 ILCS 705/1-10] A Conditional Adult Use Cultivation Center Licensee or applicant may also be referred to as a "cultivation center".
"Craft Grower" means a facility operated by an organization or business that is licensed by the Department to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale, at a dispensing organization, or use, at an infuser. A craft grower may contain up to 5,000 square feet of canopy space on its premises for plants in the flowering state.
ILLINOIS REGISTER 3598 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
The Department may authorize an increase or decrease of flowering stage cultivation space in increments of 3,000 square feet by rule based on market need, craft grower capacity, and the licensee's history of compliance or noncompliance, with a maximum space of 14,000 square feet for cultivating plants in the flowering stage, which must be cultivated in all stages of growth in an enclosed and secure area. A craft grower may share premises with an infuser or a dispensing organization, or both, provided each licensee stores currency and cannabis or cannabis-infused products in a separate secured vault to which the other licensee does not have access or all licensees sharing a vault share more than 50% of the same ownership. [410 ILCS 705/1-10]
"Craft Grower Agent" means a principal officer, board member, employee, or other agent of a craft grower who is 21 year of age or older. [410 ILCS 705/1-10]
"Crop Input" means any substance that is used for the production of adult use cannabis. This may include pesticides as defined by the Illinois Pesticide Act or the American Association of Pesticide Control Officials, fertilizers as defined by the Illinois Fertilizer Act of 1961 or the American Association of Plant Food Officials, and soil amendments as defined by the Soil Amendment Act.
"Cultivation Center" means a facility operated by an organization or business that is licensed by the Department to cultivate, process, transport (unless otherwise limited by the Act), and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments. [410 ILCS 705/1-10]
"Cultivation Center Agent" means a principal officer, board member, employee, or other agent of a cultivation center who is 21 years of age or older. [410 ILCS 705/1-10]
"Department" means the Illinois Department of Agriculture.
"DFPR" means the Illinois Department of Financial and Professional Regulation.
"Director of Agriculture" or "Director" means the Director of the Illinois Department of Agriculture.
ILLINOIS REGISTER 3599 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
"Disproportionately Impacted Area" means a census tract or comparable geographic area that satisfies the following criteria as determined by the Department of Commerce and Economic Opportunity, that:
Meets at least one of the following criteria:
The area has a poverty rate of at least 20% according to the latest federal decennial census;
75% or more of the children in the area participate in the federal free lunch program according to reported statistics from the State Board of Education;
At least 20% of the households in the area receive assistance under the Supplemental Nutrition Assistance Program; or
The area has an average unemployment rate, as determined by the Illinois Department of Employment Security, that is more than 120% of the national unemployment average, as determined by the United States Department of Labor, for a period of at least 2 consecutive calendar years preceding the date of the application; and
Has high rates of arrest, conviction, and incarceration related to the sale, possession, use, cultivation, manufacture, or transport of cannabis. [410 ILCS 705/1-10]
"DOR" means the Illinois Department of Revenue.
"DPH" means the Illinois Department of Public Health.
"Early Approval Adult Use Cultivation Center License" or "Early Approval License" means a license that permits a medical cannabis cultivation center licensed under the Compassionate Use of Medical Cannabis Pilot Program Act as of the effective date of the Cannabis Regulation and Tax Act to begin cultivating, infusing, packaging, transporting (unless otherwise provided in the Act), and selling cannabis to cannabis business establishments for resale to purchasers as permitted by the Act as of January 1, 2020. [410 ILCS 705/1-10]
ILLINOIS REGISTER 3600 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
"Enclosed, Locked Facility" means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by cannabis business establishment agents working for the licensed cannabis business establishment or acting pursuant to the Act to cultivate, process, store, or distribute cannabis. [410 ILCS 705/1-10]
"Enclosed, Locked Space" means a closet, room, greenhouse, building or other enclosed area equipped with locks or other security devices that permit access only by authorized individuals under the Act. "Enclosed, locked space" may include:
A space within a residential building that is the primary residence of the individual cultivating 5 or fewer cannabis plants that are more than 5 inches tall and includes sleeping quarters and indoor plumbing. The space must only be accessible by a key or code that is different from any key or code that can be used to access the residential building from the exterior; or
A structure, such as a shed or greenhouse, that lies on the same plot of land as a residential building that includes sleeping quarters and indoor plumbing and is used as a primary residence by the person cultivating 5 or fewer cannabis plants that are more than 5 inches tall, such as a shed or greenhouse. The structure must remain locked when it is unoccupied by people. [410 ILCS 705/1-10]
"Facility" means the physical structures associated with a licensee.
"Financial Interest" means any actual or future right to ownership, investment or compensation arrangement with another person, either directly or indirectly, through business, investment, spouse, parent or child, in a cultivation center. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national securities exchange or over- the-counter market in the United States, provided the investment securities held by the person and the person's spouse, parent or child, in the aggregate, do not exceed one percent ownership in the cultivation center.
"Fingerprint-based Criminal History Records Check" means a fingerprint-based criminal history records check conducted by the Illinois State Police in
ILLINOIS REGISTER 3601 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES accordance with the Uniform Conviction Information Act (UCIA) or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).
"Impacted Family" means an individual who has a parent, legal guardian, child, spouse, or dependent, or was a dependent of an individual who, prior to the effective date of the Act, was arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act.
"Infuser" means a facility operated by an organization or business that is licensed by the Department to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product. [410 ILCS 705/1- 10]
"Infuser Agent" means a principal officer, board member, employee, or agent of an infuser.
"ISP" means the Illinois State Police.
"Label" means a display of written, printed or graphic matter on the immediate container of any product containing cannabis.
"Laboratory" means an independent laboratory located in Illinois and approved by the Department to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research or analysis.
"Labor Peace Agreement" means an agreement between a cannabis business establishment and any labor organization recognized under the National Labor Relations Act, referred to in this Act as a bona fide labor organization, that prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economics interference with the cannabis business establishment. This agreement means that the cannabis business establishment has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the cannabis business establishment's employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the cannabis business establishment's employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under State law, and terms and conditions of employment. This type of agreement shall not
ILLINOIS REGISTER 3602 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES mandate a particular method of election or certification of the bona fide labor organization.
"Livescan" means an inkless electronic system designed to capture an individual's fingerprint images and demographic data (name, sex, race, date of birth, etc.) in a digitized format that can be transmitted to ISP for processing. The data is forwarded to the ISP Bureau of Identification (BOI) over a virtual private network (VPN) and then processed by ISP's Automated Fingerprint Identification System (AFIS). Once received at the BOI for processing, the inquiry may, as permitted by law, be forwarded to the Federal Bureau of Investigation (FBI) electronically for processing.
"Livescan Vendor" means an entity licensed by the DFPR to provide commercial fingerprinting services under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
"Manufacturing" or "Manufacture" means the process of converting harvested cannabis material into a finished product by manual labor and/or machinery designed to meet a specific need or customer expectation, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
"Modification" means changes in structures, processes or activities at a cultivation center that will alter the functions of production structures, processing systems, and/or changes in the physical footprint of the cultivation center.
"Monitoring" means the continuous and uninterrupted video surveillance of cultivation activities and oversight for potential suspicious actions. Monitoring includes video surveillance for the purpose of summoning a law enforcement officer to the premises during alarm conditions.
"Motor Vehicle" means a self-propelled vehicle as defined in Section 1-146 of the Illinois Vehicle Code.
"Natural Processing" or "Naturally Produced" means the preparation of the harvested cannabis without significantly changing its physical form.
ILLINOIS REGISTER 3603 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
"Operational and Management Practices Plan" means a narrative description of all practices that will be employed at the cultivation center for the production of cannabis and cannabis-infused products. The plan shall include, but is not limited to:
The types and quantities of cannabis products that will be produced at the cultivation center;
The methods of planting (seed or clones), harvesting, drying and storage of cannabis;
The estimated quantity of waste material to be generated and plans for subsequent disposal;
The quantity and proposed method for disposal for all crop inputs utilized for plant production;
Methods for training employees for the specific phases of production;
Biosecurity measures to be implemented for plant production and edible infused product production;
Planned response to discrepancies in accounting of product inventories;
Sampling strategy and quality testing for labeling purposes;
Procedures to follow for proper labeling; and
Procedures to follow for handling mandatory and voluntary recalls of cannabis or cannabis-infused products.
"Ownership and Control" means ownership of at least 51% of the business, including corporate stock if a corporation, and control over the management and day-to-day operations of the business and an interest in the capital, assets, and profits and losses of the business proportionate to percentage of ownership. [410 ILCS 705/1-10]
"Primary Residence" means a dwelling where a person usually stays or stays more often than other locations. It may be determined by, without limitation,
ILLINOIS REGISTER 3604 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES presence; tax filings; address on an Illinois driver's license, an Illinois Identification Card, or an Illinois Person with a Disability Identification Card; or voter registration. No person may have more than one primary residence. [410 ILCS 705/1-10]
"Principal Officer" includes:
A cannabis business establishment applicant or licensed cannabis business establishment's board member, owner with more than 1% interest of the total cannabis business establishment or more than 5% interest of the total cannabis business establishment of a publicly traded company;
President, vice president, secretary, treasurer, partner, officer, member, manager member, or person with a profit sharing, financial interest, or revenue sharing arrangement.
The definition includes a person with authority to control the cannabis business establishment, a person who assumes responsibility for the debts of the cannabis business establishment, and a person who is further defined in the Act. [410 ILCS 705/1-10]
"Production" or "To Produce" means the planting, preparation, cultivation, growing, harvesting, propagation, compounding, conversion, natural processing, or manufacturing of cannabis, and includes any packaging or repackaging of the substance, or labeling or relabeling of its container.
"Qualified Applicant" means an applicant for a cultivation center permit who receives at least the minimum required score in each category required by the application.
"Qualified Social Equity Applicant" means a Social Equity Applicant who has been awarded a conditional license under the Act to operate a cannabis business establishment. [410 ILCS 705/1-10]
"Resided" means an individual's primary residence was located within the relevant geographic area as established by 2 of the following:
A signed lease agreement that includes the applicant's name;
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A property deed that includes the applicant's name;
School records;
A voter registration card;
An Illinois driver's license, an Illinois Identification Card, or an Illinois Person with a Disability Identification Card;
A paycheck stub;
A utility bill; or
Any other proof of residency or other information necessary to establish residence as provided by this Part. [410 ILCS 705/1-10]
"Restricted Area" means a building, room or other contiguous area upon the permitted premises where cannabis is grown, cultivated, harvested, stored, weighed, packaged, sold or processed for sale, under control of the permitted facility.
"Sale" means any form of delivery, which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee.
"Secretary of State" or "SOS" means the Illinois Secretary of State.
"Social Equity Applicant" means an applicant that is an Illinois resident that meets one of the following criteria:
An applicant with at least 51% ownership and control by one or more individuals who have resided for at least 5 of the preceding 10 years in a Disproportionately Impacted Area;
An applicant with at least 51% ownership and control by one or more individuals who:
Have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act; or
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Is a member of an impacted family;
For applicants with a minimum of 10 full-time employees, an applicant with at least 51% of current employees who:
Currently reside in a Disproportionately Impacted Area; or
Have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act or member of an impacted family.
"THC" means tetrahydrocannabinol.
"THCA" means tetrahydrocannabinolic acid.
"Transportation Activities" means the transport of cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program.
"Transporter" means an organization or business that is licensed by the Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program. [410 ILCS 705/1-10]
"Transporter Agent" means a principal officer, board member, employee, or agent of a transporting organization.
"Usable Cannabis" means the seeds, leaves, buds, and flowers of the cannabis plant, and any mixture or preparation thereof, including the resin extracted from any part of the plant, but does not include the stalk and roots of the plant. It does not include the weight of any non-cannabis ingredients combined with cannabis, such as ingredients added to prepare a topical administration, food, or drink.
Section 1300.20 Referenced Materials
a) The following federal statutes and regulations are referenced in this Part:
1) Federal Statutes
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A) Fair Packaging and Labeling Act (15 USC 1451 et seq.)
B) Federal Food, Drug, and Cosmetic Act (21 USC 301 et seq.)
C) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 USC 136)
D) National Labor Relations Act (29 USC 151 through 169)
E) Poison Prevention Packaging Act of 1970 (15 USC 1471 et seq.)
2) Federal Regulations
A) Poison Prevention Packaging (16 CFR 1700) (2014)
B) Tolerances and Exemptions for Pesticide Chemical Residues in Food (40 CFR 180) (2013) b) The following Illinois statutes are referenced in this Part:
1) Administrative Review Law (Article III of the Code of Civil Procedure) [735 ILCS 5/Art. III]
2) Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575]
3) Cannabis Control Act [720 ILCS 550]
4) Cannabis Regulation and Tax Act [410 ILCS 705]
5) Code of Civil Procedure [735 ILCS 5]
6) Compassionate Use of Medical Cannabis Program Act [410 ILCS 130]
7) Criminal Code of 2012 [720 ILCS 5]
8) Department of Professional Regulation Law of the Civil Administrative Code of Illinois [20 ILCS 2105]
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9) Environmental Protection Act [415 ILCS 5]
10) Food Handling Regulation Enforcement Act [410 ILCS 625]
11) Freedom of Information Act [5 ILCS 140]
12) Illinois Controlled Substances Act [720 ILCS 570]
13) Illinois Dental Practice Act [225 ILCS 25]
14) Illinois Fertilizer Act of 1961 [505 ILCS 80]
15) Illinois Food, Drug and Cosmetic Act [410 ILCS 620]
16) Illinois Pesticide Act [415 ILCS 60]
17) Illinois Procurement Code [30 ILCS 500]
18) Illinois Uniform Conviction Information Act [20 ILCS 2635]
19) Illinois Vehicle Code [625 ILCS 5]
20) Industrial Hemp Act [505 ILCS 89]
21) Medical Practice Act of 1987 [225 ILCS 60]
22) Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447]
23) Probate Act of 1975 [755 ILCS 5]
24) Public Community College Act [110 ILCS 805]
25) Rights of Crime Victims and Witnesses Act [725 ILCS 120]
26) Sanitary Food Preparation Act [410 ILCS 650]
27) Soil Amendment Act [505 ILCS 120]
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28) State Records Act [5 ILCS 160]
29) Weights and Measures Act [225 ILCS 470] c) The following State administrative rules are referenced in this Part:
1) The Illinois Food, Drug and Cosmetic Act (77 Ill. Adm. Code 720)
2) Manufacturing, Processing, Packing or Holding of Food Code (77 Ill. Adm. Code 730)
3) Food Service Sanitation Code (77 Ill. Adm. Code 750)
4) Electronic Transmission of Fingerprint Requirements (20 Ill. Adm. Code 1265.30)
5) Illinois Environmental Protection Agency:
Technical Policy Statement (35 Ill. Adm. Code 651 (Introduction and Definitions) and 653 (Design, Operation and Maintenance Criteria))
35 Ill. Adm. Code, Ch. I (Pollution Control Board) and II (Environmental Protection Agency)
6) Illinois Plumbing Code (77 Ill. Adm. Code 890)
7) Illinois Pesticide Act (8 Ill. Adm. Code 250)
8) Department of Public Health, Compassionate Use of Medical Cannabis Patient Registry (77 Ill. Adm. Code 946.Subpart D)
9) Weights and Measures Code (8 Ill. Adm. Code 600)
10) Supplemental Nutrition Assistance Program (89 Ill. Adm. Code 121) d) Incorporations by reference in this Part do not include any later amendments or editions beyond the date specified.
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Section 1300.30 Scope and Application
a) The Department of Agriculture shall administer and enforce provisions of the Act relating to the oversight and registration of cultivation centers, craft growers, infusers, transporters, and agents, including the issuance of identification cards and establishing limits on potency or serving size for cannabis or cannabis products. [410 ILCS 705/5-10]
b) A cultivation center shall be in compliance with all of this Part prior to the commencement of operational activities and/or storage of cannabis.
c) Pursuant to the Act, this Part shall apply to applicants for and holders of a cannabis business establishment license.
d) Authorized On-Premises Storage. A cultivation center is authorized to store cannabis and cannabis-infused products inventory on the licensed premises. All inventory stored on the licensed premises must be secured in a limited access area and tracked using the inventory and security requirements of this Part.
e) Packaging and Labeling Standards Required. A cultivation center is prohibited from selling cannabis that is not packaged and labeled in accordance with Subpart J.
f) Sale to Consumer Prohibited. A cultivation center is prohibited from selling cannabis or any cannabis-infused product directly to a consumer.
g) Consumption Prohibited. A cultivation center shall not permit the consumption of cannabis or cannabis-infused products on its licensed premises.
Section 1300.40 Operation of a Cannabis Business Establishment
a) Only a cannabis business establishment that has been issued a license by the Department under the Act and this Part shall own or operate a cultivation center, craft grower, infuser, or transporter.
b) A cannabis business establishment, including each principal officer, board member, agent and employee, shall not:
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1) Produce, manufacture, or store cannabis in any place except in those areas designated in the license;
2) Produce, manufacture, or store cannabis for use outside of Illinois;
3) Sell, deliver, transport or distribute cannabis to any person or entity other than a dispensing organization registered with DFPR, a testing laboratory approved by the Department, or a State regulatory entity or law enforcement;
4) Enter into an exclusive agreement with any other cannabis business establishment;
5) Refuse to conduct business with any other cannabis business establishment that has the financial ability to pay for products or services, except when prohibited by law;
6) Either directly or indirectly discriminate in price among different cannabis business establishments. Nothing in this subsection (b)(7) prevents pricing cannabis differently based on differences in the cost of production, the quantities sold (such as volume discounts), the way the products are delivered, or delivery costs relative to distance travelled.
SUBPART B: ADULT USE CULTIVATION CENTERS
Section 1300.100 Application, Selection, and Operation of Early Adult Use Cultivation Center License
a) A medical cannabis cultivation center seeking issuance of an Early Approval Adult Use Cultivation Center License shall submit an application on forms provided by the Department of Agriculture. The application must meet or include the following qualifications:
1) Payment of a nonrefundable application fee of $100,000, unless the applicant is eligible for a fee waiver pursuant to Section 7-20 of the Act;
2) Proof of registration as a medical cannabis cultivation center that is in good standing;
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3) Submission of the application by the same person or entity that holds the medical cannabis cultivation center registration;
4) Certification that the applicant will comply with the requirements of Section 20-30 of the Act;
5) The legal name of the cultivation center;
6) The physical address of the cultivation center;
7) The name, address, social security number and date of birth of each principal officer and board member of the cultivation center; each of those individuals shall be at least 21 years of age;
8) A nonrefundable Cannabis Business Development Fee equal to 5% of the cultivation center's total sales between June 1, 2018 to June 1, 2019 or $750,000, whichever is less, but not less than $250,000, to be deposited into the Cannabis Business Development Fund; and
9) A commitment to completing one of the Social Equity Inclusion Plans before the expiration of the Early Approval License:
A) A contribution of 5% of the cultivation center's total sales from June 1, 2018 to June 1, 2019, or $100,000, whichever is less, to one of the following:
i) The Cannabis Business Development Fund. This is in addition to the fee required by subsection (a)(8);
ii) A cannabis industry training or education program at an Illinois community college, as defined in the Public Community College Act;
iii) A program that provides job training services to persons recently incarcerated or that operates in a Disproportionately Impacted Area.
B) Participate, for at least one year, as a host in a cannabis business incubator program approved by the Department of Commerce and
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Economic Opportunity, and in which an Early Approval License holder agrees to provide a loan of at least $100,000 and mentorship to incubate a licensee that qualifies as a Social Equity Applicant. As used in this Section, "incubate" means providing direct financial assistance and training necessary to engage in licensed cannabis industry activity similar to that of the host licensee. The Early Approval License holder or the same entity holding any other licenses issued pursuant to the Act shall not take an ownership stake of greater than 10% in any business receiving incubation services to comply with this subsection (a)(9)(B). If an Early Approval License holder fails to find a business to incubate to comply with this subsection (a)(9)(B) before its Early Approval License expires, it may opt to meet the requirements of this subsection by completing another item from this subsection prior to the expiration of its Early Approval License to avoid a penalty. [410 ILCS 705/20-10(b)] b) An Early Approval License is valid until March 31, 2021. A cultivation center that obtains an Early Approval License will receive written or electronic notice, 90 days before the expiration of the license, that the license will expire. The notice will inform the license holder that it may renew its Early Approval License. The Department will grant a renewal of an Early Approval License within 60 days after submission of an application if:
1) The cultivation center submits an application and the required renewal fee of $100,000 for an Early Approval License;
2) The Department has not suspended the license of the cultivation center or suspended or revoked the license for violating the Act or this Part; and
3) The cultivation center has completed a Social Equity Inclusion Plan as required by subsection (a)(9). [410 ILCS 705/20-10(c)] c) The Early Approval License renewed pursuant to subsection (b) shall expire March 31, 2022. The Early Approval License holder will receive written or electronic notice, 90 days before the expiration of the license, that the license will expire. The notice will inform the license holder that it may apply for an Adult Use Cultivation Center License. The Department will grant an Adult Use
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Cultivagtion Center License within 60 days after an application being deemed complete. [410 ILCS 705/20-10(c-5)] d) The license fee required by subsection (a)(1) shall be in addition to any license fee required for the renewal of a registered medical cannabis cultivation center license that expires during the effective period of the Early Approval License. [410 ILCS 705/20-10(d)] e) Applicants must submit to the Department all required information, including the requirements in subsection (a). Failure by an applicant to submit all required information may result in the application being disqualified. [410 ILCS 705/20- 10(e)] f) If the Department receives an application with missing information, the Department may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to submit complete information. Applications that are still incomplete after this opportunity to cure may be disqualified. [410 ILCS 705/20-10(f)] g) If an applicant meets all the requirements of subsection (a), the Department will issue the Early Approval License within 14 days after receiving the application unless:
1) The licensee, principal officer, board member, or person having a financial or voting interest of 5% or greater in the licensee, or agent of one of these entities is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois;
2) The Director of Agriculture determines there is reason, based on an inordinate number of documented compliance violations, the licensee is not entitled to an Early Approval License; or
3) The licensee fails to commit to the Social Equity Inclusion Plan. [410 ILCS 705/20-10(g)] h) A cultivation center may begin producing cannabis and cannabis-infused products once the Early Approval License is approved. A cultivation center that obtains an Early Approval License may begin selling cannabis and cannabis- infused products on December 1, 2019. [410 ILCS 705/20/10(h)]
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i) An Early Approval License holder must produce and provide cannabis and cannabis-infused products in type and quantity proportionate to the number of patients and caregivers it served on an average monthly basis for the 6 months before the effective date of the Act (i.e., before June 25, 2019). [410 ILCS 705/20- 10(i)]
j) If there is a shortage of cannabis or cannabis-infused products, a license holder shall prioritize patients registered under the Compassionate Use of Medical Cannabis Pilot Program Act over adult use purchasers. [410 ILCS 705/20-10(j)]
k) If an Early Approval License holder fails to submit an application for an Adult Use Cultivation Center License before the expiration of the Early Approval License (see subsection (c)), the cultivation center shall cease adult use cultivation until it receives an Adult Use Cultivation Center License. [410 ILCS 705/20-10(k)]
l) A cultivation center agent who holds a valid cultivation center agent identification card issued under the Compassionate Use of Medical Cannabis Pilot Program Act and is an officer, director, manager, or employee of the cultivation center licensed under this Section may engage in all activities authorized by Article 20 of the Act to be performed by a cultivation center agent. [410 ILCS 705/20-10(l)]
m) If the Department suspends or revokes the Early Approval License of a cultivation center that also holds a medical cannabis cultivation center license, the Department will suspend or revoke the medical cannabis cultivation center license concurrently with the Early Approval License. [410 ILCS 705/20-10(m)]
n) All fees or fines collected from an Early Approval License holder as a result of a disciplinary action in the enforcement of the Act shall be deposited into the Cannabis Regulation Fund. [410 ILCS 705/20-10(n)]
Section 1300.102 Application for Conditional Adult Use Cultivation Center License
a) A Conditional Adult Use Cultivation Center License (CAUCCL) shall be obtained for each facility prior to commencement of any production activities. The license shall, along with any other certificate, business license, or other
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authorization required to conduct production activities, be posted in a conspicuous place within the facility. b) The Department will accept applications for CAUCCLs for 14 calendar days after the date indicated on the Department's website as the commencement date for accepting applications.
1) Submissions shall be considered as submitted on the date on which they are postmarked or, if delivered in person during regular business hours, on the date on which they are so delivered or, if sent electronically, on the date received by the Department if received on or before 5 p.m. Central Time. If received electronically after 5 p.m., they will be considered received on the next business day.
2) Submissions received after the 14-day period, or by a means other than required in this subsection (b), shall be returned to the applicant.
3) Notification of the availability of applications, instructions for completion and submission of applications, and application forms will be posted on the Department's website at www.agr.state.il.us/. Application forms will be made available online at that website. c) The license application shall be submitted on the forms provided by the Department. The forms will include instructions for their completion and submission. The application will reflect the information required of applicants by the Act and this Part and will include requests for information, plans, maps and other materials in support of the application needed by the Department to make its determination on the license request. The instructions on the application will reflect the total maximum number of points that can be awarded for each required criteria, measure and bonus point category listed in Section 1300.105(b). The instructions/application will also identify the total minimum number of points necessary from the required criteria and measures to be eligible for consideration of the bonus point categories. All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner. If all materials, documentations, fees and information required by the application form are not submitted, the application shall be returned to the applicant along with a deficiency notice from the Department. The applicant shall then have 10 calendar days from the date of the deficiency notice to resubmit the application in its entirety. Applications that are still incomplete after this opportunity to cure
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will not be scored and will be returned to the applicant. [410 ILCS 705/20-15(c)] Once submitted, the required fee will not be returned. Upon receipt of an application deemed to be complete, the Department will engage in no further communication with the applicant until after the selection process is completed. d) An applicant applying for a CAUCCL shall submit, in duplicate, the following:
1) The legal name of the cultivation center;
2) The proposed physical address of the cultivation center;
3) A description of the enclosed, locked facility where cannabis will be grown, harvested, manufactured, processed, packaged, or otherwise prepared for distribution to a dispensing organization;
4) The name, address, social security number, and date of birth of each principal officer and board member of the cultivation center; each principal officer and board member shall be at least 21 years of age;
5) The details of any administrative or judicial proceeding in which any of the principal officers or board members of the cultivation center:
A) Pled guilty or were convicted, fined, or had a registration or license suspended or revoked; or
B) Managed or served on the board of a business or non-profit organization that pled guilty or was convicted, fined, or had a registration or license suspended or revoked;
6) Cultivation, processing, inventory, and packaging plans;
7) Proposed operating by-laws (Operation and Management Practices Plan) that include procedures for the oversight of the cultivation center, development and implementation of a plant monitoring system, cannabis container tracking system, accurate record keeping, staffing plan, and security plan reviewed by ISP that are in accordance with the rules issued by the Department under the Act. A physical inventory shall be performed of all plants and cannabis containers on a weekly basis. ISP may utilize
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the services of a private security contractor licensed by DFPR to assist with performing a security plan review;
8) Proposed employment practices, in which the applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;
9) A statement demonstrating experience in or business practices that promote economic empowerment in Disproportionately Impacted Areas;
10) A statement demonstrating experience with the cultivation of agricultural or horticultural products, operating an agriculturally related business, or operating a horticultural business;
11) Any academic degrees, certifications, or relevant experience with related businesses; [410 ILCS 705/20-15]
12) The identity of every person, association, trust, partnership, other entity, or corporation having any direct or indirect pecuniary interest in the cultivation center operation with respect to which the registration is sought. If the disclosed entity is a trust, the application shall disclose the names and addresses of the beneficiaries; (Section 85 of the Compassionate Use of Medical Cannabis Program Act)
13) If a sole proprietorship, the name, residence and date of birth of the owner;
14) If a partnership, the names and addresses of all partners, both general and limited (Section 85 of the Compassionate Use of Medical Cannabis Program Act) and any partnership or joint venture documents;
A) For a domestic limited partnership, a copy of the Certificate of Limited Partnership and a Certificate of Good Standing from SOS dated within the last 60 days;
B) For a foreign limited partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;
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15) If a limited liability partnership, the names and addresses of all partners, and any partnership or joint venture documents;
A) For a domestic limited liability partnership, a copy of the Certificate of Limited Liability Partnership and a Certificate of Good Standing from SOS dated within the last 60 days;
B) For a foreign limited liability partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;
16) If a corporation based in Illinois, a copy of the Articles of Incorporation and a copy of the Certificate of Good Standing issued by SOS or obtained from the SOS website within the last 60 days. If the corporation is a foreign corporation, a copy of the Articles of Incorporation, a copy of the Certificate of Good Standing from the state or country in which the corporation is domiciled, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days. If using an assumed name (d/b/a), a copy of the assumed name registration issued by SOS. Additionally, applicants shall include the names and addresses of all stockholders and directors of the corporation (Section 85 of the Compassionate Use of Medical Cannabis Program Act);
17) If a limited liability company:
A) For a domestic limited liability company, a copy of the Articles of Organization, a copy of the Certificate of Good Standing issued by SOS or obtained from the SOS website within the last 60 days, and a listing of the members of the limited liability company and their contact information;
B) For a foreign limited liability company, a copy of the Articles of Organization and a Certificate of Good Standing from the state of organization, a copy of the Application for Admission to Transact Business in Illinois, along with a Certificate of Good Standing issued by SOS, all dated within the last 60 days;
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18) If another type of business entity, the same or similar information, as applicable, to that listed in this subsection (d);
19) Verification from ISP that all background checks of the prospective principal officers, board members, and agents of the cannabis business establishment have been conducted. If ISP has not completed the background check, then the applicant shall provide verification that the request has been submitted to ISP;
20) A copy of the current local zoning ordinance or permit and verification that the proposed cultivation center is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;
A) If the property is not owned but is currently leased by the applicant, the applicant shall provide: a copy of the lease; confirmation of land ownership; identification of any mortgagees and/or lienholders; a written statement from the property owner and/or landlord certifying consent that the applicant may operate a cultivation center on the premises; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation center, and consent to that use by any mortgagees and/or perfected lienholders;
B) If the property is not owned or currently leased by the applicant, the applicant shall provide: a written statement from the property owner and/or landlord certifying consent that the applicant will lease or purchase the property for the purpose of operating a cultivation center; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation center, and consent thereto by any mortgagees and/or perfected lienholders;
C) If the property is owned by the applicant, the applicant shall provide: confirmation of land ownership; identification of any and all mortgagees and/or perfected lienholders; and, if applicable, verification of notification to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation
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center, and consent to that use by any mortgagees and/or perfected lienholders;
21) A non-refundable application fee;
22) A survey of the enclosed, locked facility, including the space used for cultivation;
23) A map of the cultivation center. The map must clearly demonstrate that the proposed cultivation center is not located within 1,500 feet of another cultivation center or craft grower;
24) A plot plan of the cultivation center drawn to a reasonable scale. If the cultivation center building is in existence at the time of the application, the applicant shall submit plans and specifications drawn to scale for the interior of the building. If the building is not in existence at the time of application, the applicant shall submit a plot plan and a detailed drawing to scale of the interior and the architect's drawing of the building to be constructed;
25) Documentation acceptable to the Department that the individual or entity filing the application has at least $100,000 in liquid assets. Documentation acceptable to the Department includes a signed statement from an Illinois Licensed CPA attesting to proof of the required amount of liquid assets under the control of an owner or the entity applying. The statement must be dated within 30 calendar days before the date the application was submitted;
26) Documentation acceptable to the Department that the individual or entity filing the application will be able to obtain insurance sufficient to indemnify and hold harmless the State and its officers and employees as required in 8 Ill. Adm. Code 1000.50(b)(4)(B);
27) All relevant financial information set forth in Section 1300.103;
28) If any principal officers or board members are currently, or have previously been, licensed or authorized in another state or jurisdiction to produce or otherwise deal in the distribution of cannabis in any form, the following:
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A) A copy of each licensing/authorizing document verifying licensure in that state or jurisdiction;
B) A statement granting permission to contact the regulatory agency that granted the license to confirm the information contained in the application; and
C) If the license/authorization or application was ever denied, suspended, revoked or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was so licensed and was never sanctioned;
29) A plan describing how the cultivation center will address each of the following:
A) Energy needs, including estimates of monthly electricity and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;
B) Water needs, including estimated water draw and if it has or will adopt a sustainable water use and water conservation policy; and
C) Waste management, including if it has or will adopt a waste reduction policy;
30) A diversity plan that includes a narrative of not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity;
31) The applicant's recycling plan describing the following commitments:
A) Purchaser packaging, including cartridges, shall be accepted by the applicant and recycled;
B) Any recyclable waste generated shall be recycled per applicable State and local laws, ordinances, and rules; and
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C) Any cannabis waste, liquid waste, or hazardous waste shall be disposed of in accordance with 8 Ill. Adm. Code 1000.460, except, to the greatest extent feasible, all cannabis plant waste will be rendered unusable by grinding and incorporating the cannabis plant waste with compostable mixed waste to be disposed of in accordance with 8 Ill. Adm. Code 1000.460(g)(1);
32) A statement describing the applicant's commitment to comply with local waste provisions. A cultivation facility must remain in compliance with applicable State and federal environmental requirements, including, but not limited to:
A) Storing, securing, and managing all recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable State and local laws, ordinances, and rules; and
B) Disposing liquid waste containing cannabis or byproducts of cannabis processing in compliance with all applicable State and federal requirements, including, but not limited to permits under Title X of the Environmental Protection Act (Permits);
33) A commitment to use resources efficiently, including energy and water.
A) Lighting The Lighting Power Densities (LPD) for cultivation space does not exceed an average of 36 watts per gross square foot of active and growing space canopy, or all installed lighting technology shall meet a photosynthetic photon efficacy (PPE) of no less than 2.2 micromoles per joule fixture and shall be featured on the Design Lights Consortium (DLC) Horticultural Specification Qualified Products List (QPL). In the event that DLC requirement for minimum efficacy exceeds 2.2 micromoles per joule fixture, that PPE shall become the new standard;
B) HVAC
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i) For cannabis grow operations with less than 6,000 square feet of canopy, the licensee commits that all HVAC units will be high-efficiency ductless split HVAC units, or other more energy efficient equipment;
ii) For cannabis grow operations with 6,000 square feet of canopy or more, the licensee commits that all HVAC units will be variable refrigerant flow HVAC units, or other more energy efficient equipment;
C) Water Application
i) A commitment to use automated watering systems, including, but not limited to, drip irrigation and flood tables, to irrigate cannabis crop;
ii) A commitment to measure runoff from watering events and report this volume in its water usage plan, and that, on average, watering events shall have no more than 20% of runoff of water;
D) Filtration. A commitment that HVAC condensate, dehumidification water, excess runoff, and other wastewater produced shall be captured and filtered to the best of the facility's ability to achieve the quality needed to be reused in subsequent watering rounds; [410 ILCS 705/20-15]
34) If applicable, the applicant's status as a Social Equity Applicant, as demonstrated by:
A) Evidence of the applicant's status as an "Illinois resident" as demonstrated by incorporation documents, or, if applying as an individual, at least 2 of the following:
i) a signed lease agreement that includes the applicant's name;
ii) a property deed that includes the applicant's name;
iii) school records;
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iv) voter registration card;
v) an Illinois driver's license, ID card, or a Person with a Disability ID card;
vi) a paycheck stub;
vii) a utility bill; or
viii) any other proof of residency or other information necessary to establish residence.
B) A person must have been domiciled in the State for a period of 30 days to be an "Illinois resident" as used in the application; and one of the following:
i) Evidence the person or persons owning and controlling at least 51% of the proposed license have lived in a Disproportionately Impacted Area for 5 of the preceding 10 years as demonstrated by, but not limited to, tax filings, voter registrations, leases, mortgages, paycheck stubs, utility bills, insurance forms, or school records that include the qualifying principal officers' names on them;
ii) Evidence the person or persons owning and controlling at least 51% of the proposed license have been arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction or adjudication has been sealed or expunged, the applicant shall provide records of that action; or
iii) Evidence the person or persons owning and controlling at least 51% of the proposed license has had a parent, legal guardian, child, spouse or dependent, or was a dependent of an individual who, prior to June 25, 2019, was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction, or adjudication has been sealed or expunged,
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the applicant shall provide records of that action. The applicant must also provide evidence of the relationship between the applicant's principal officer or officers and the person who was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act; or
iv) Evidence that the applicant employs 10 or more full-time employees and evidence that 51% or more of those employees currently reside in a Disproportionately Impacted Area; have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act; or are members of an "impacted family" as that term is defined in the Act. The applicant must provide evidence of the required status for each employee. The applicant shall also provide evidence the employees were engaging in full time work as of the date the application was submitted. If employee information or employment status of employees changes before licenses are awarded, the applicant has a duty to notify the Department of the change in employee information or status. e) The applicant shall sign a notarized statement certifying that:
1) The cultivation center will register with DOR if the applicant is granted a license;
2) The application is complete and accurate;
3) The applicant has actual notice that, notwithstanding any State law:
A) Cannabis is a prohibited Schedule I controlled substance under federal law;
B) Participation in the program is licensed only to the extent provided by the strict requirements of the Act and this Part;
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C) Any activity not sanctioned by the Act or this Part may be a violation of State law;
D) Growing, distributing or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;
E) Use of cannabis may affect an individual's ability to receive federal or State licensure in other areas;
F) Use of cannabis, in tandem with other conduct, may be a violation of State or federal law;
G) Participation in the program does not authorize any person to violate federal law or State law and, other than as set out in Article 45 of the Act, does not provide any immunity from, or affirmative defense to arrest, or prosecution under federal or State law; and
H) Applicants shall indemnify and hold harmless, the State of Illinois for any and all civil or criminal penalties resulting from participation in the program; and
4) All of applicant's principal officers expressly agree to be subject to service of process in Illinois with a current Illinois address on file with the Department.
Section 1300.103 Financial Disclosure
a) When applying for a Conditional Adult Use Cultivation Center License, the applicant shall disclose all relevant financial information to the Department. The applicant shall have a continuing duty to disclose promptly any material changes in the financial information provided to the Department. If an applicant is issued an Adult Use Cultivation Center License, this duty of ongoing disclosure shall continue throughout the licensed period. These disclosures shall include:
1) The ownership structure of the cultivation center;
2) A current organizational chart that includes position descriptions and the names and resumes of persons holding each position, to the extent those
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positions have been filled. To the extent not revealed by the resume, include additional pages with each resume setting out the employee's particular skills, education, experience or significant accomplishments that are relevant to owning or operating a cultivation center;
3) Documents such as the articles of incorporation, articles of association, charter, by-laws, partnership agreement, agreements between any 2 or more members of the applicant that relate in any manner to the assets, property or profit of the applicant, or any other comparable documents that set forth the legal structure of the applicant or relate to the organization, management or control of the applicant;
4) A copy of all compensation agreements with directors, owners, officers and growers;
5) The nature, type, terms, covenants and priorities of all outstanding bonds, loans, mortgages, trust deeds, pledges, lines of credit, notes, debentures or other forms of indebtedness issued or executed, or to be issued or executed, in connection with opening or operating the proposed cultivation center; and
6) Audited financial statements for the previous fiscal year, which shall include, but are not limited to, an income statement, balance sheet, statement of retained earnings or owners' equity, statement of cash flows, and all notes to these statements and related financial schedules, prepared in accordance with generally accepted accounting principles, along with the accompanying independent auditor's report. If the applicant was formed within the year preceding the application for license, provide certified financial statements for the period of time the applicant has been in existence and any pro forma financials used for business planning purposes. b) The applicant shall disclose all sources of funding used to acquire or develop the business for which the license is sought, and shall provide independent documentation concerning the source of the funds and copies of closing documents in connection with the purchase of a registered business. c) The applicant shall disclose the estimated expenditures to be incurred before the cultivation center is operational.
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d) The applicant shall disclose whether any principal officer and/or board member:
1) Has ever filed for bankruptcy;
2) Is more than 30 days delinquent in complying with a child support order [5 ILCS 100/10-65c]; or
3) Has been disciplined or sanctioned by a State or federal agency.
e) The applicant shall disclose whether there are currently, or have ever been, any State or federal tax liens against the property of the applicant, as well as the property of any principal officer and/or board member.
Section 1300.105 License Selection Criteria
a) The license selection criteria for the Conditional Adult Use Cultivation Center License shall include the following, with each criterion accounting for up to the indicated maximum number of the total points available for each criteria, out of a 1,000 total points ("bonus" points are an additional 15 points):
1) Suitability of the Proposed Facility (75 points):
A) Measure 1 (25 points): The applicant demonstrates that the proposed facility is suitable for effective and safe cultivation of cannabis, sufficient in size, power allocation, air exchange and air flow, interior layout and lighting, and sufficient both in the interior and exterior to handle the bulk agricultural production of cannabis, cannabis-infused products, product handling, storage, trimming, packaging, loading and shipping. The loading/unloading of cannabis in the transport motor vehicle for shipping shall be in an enclosed, secure area out of public sight.
B) Measure 2 (25 points): The applicant demonstrates the capacity to meet consumer demand by operating the cultivation center in a safe and efficient manner with minimal impact on the environment and the surrounding community.
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C) Measure 3 (25 points): The applicant provides an Operations and Management Practices Plan that demonstrates compliance with this Part and the Act.
2) Suitability of Employee Training Plan (50 points):
A) Measure 1 (25 points): The applicant fully describes a staffing plan that will provide and ensure adequate staffing and experience for all accessible business hours, safe production, sanitation, adequate security and theft prevention.
B) Measure 2 (25 points): The applicant provides an employee handbook that will provide employees with a working guide to the understanding of the day-to-day administration of personnel policies and practices.
3) Security Plan and Recordkeeping (145 points):
A) Measure 1 (40 points): The applicant's security plan demonstrates its ability to prevent the theft or diversion of cannabis and how the plan will assist ISP, the Department, and local law enforcement. Specifically, it shall evidence compliance with all items in Sections 1300.180 and 1300.185.
B) Measure 2 (40 points): The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, quality control and security, and other policies and procedures will discourage unlawful activity. It also describes the applicant's plan to coordinate with, and dispose of unused or surplus cannabis through, ISP and the Department.
C) Measure 3 (40 points): The applicant's security plan shall describe the enclosed, locked facility that will be used to secure or store cannabis, its security measures, including when the location is closed for business, and the steps taken to ensure that cannabis is not visible to the public.
D) Measure 4 (25 points): The applicant's plan to apply for a Transporter License or plan to work with a licensed transporter,
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and the applicant's procedures for safely and securely delivering cannabis and cannabis-infused products to cannabis business establishments.
4) Cultivation Plan (75 points):
A) Measure 1 (25 points): The applicant shall describe its plan to provide a steady, uninterrupted supply of cannabis to registered dispensaries or infusers.
B) Measure 2 (25 points): The applicant demonstrates knowledge of cultivation methods to be used in the cultivation of cannabis. The applicant shall describe the various strains to be cultivated and its experience, if applicable, with growing those strains or comparable agricultural products.
C) Measure 3 (25 points): The applicant demonstrates the steps that will be taken to ensure the quality, including the purity and consistency, of the cannabis to be provided to dispensaries.
5) Product Safety and Labeling Plan (95 points):
A) Measure 1 (35 points): The applicant shall describe its plan for providing safe and accurate packaging and labeling of cannabis.
B) Measure 2 (35 points): The applicant shall describe its plan for testing cannabis and ensuring that all cannabis is free of contaminants, including but not limited to pesticides, microbiological, and residual solvent. Applicant shall provide its plan to retain quality history records showing specific testing results from laboratory testing conducted on the applicant's cannabis products.
C) Measure 3 (25 points): The applicant shall describe its plan for establishing a recall of the applicant's products in the event that they are shown by testing or other means to be, or potentially to be, defective or have a reasonable probability that their use or exposure will cause serious adverse health consequences. At a minimum, the plan should include the method of: identification of
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the products involved; notification to the dispensary organization or others to whom the product was sold or otherwise distributed; and how the products will be disposed of if returned to or retrieved by the applicant.
6) Applicant's Business Plan and Services to be Offered (110 points):
A) Measure 1 (40 points): The applicant shall provide a business plan that describes how the cultivation center plans to operate on a long-term basis. This shall include the applicant providing a detailed description about the amount and source of the equity and debt commitment for the proposed cultivation center that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs, and the financial capability to undertake the project.
B) Measure 2 (40 points): The applicant or its officers, board members, or incorporators demonstrate:
i) Experience in business management and/or having industry, agricultural or horticultural experience; and
ii) The extent of their involvement in or ability to influence the day-to-day operations of the facility.
C) Measure 3 (30 points): The business plan demonstrates a start-up timetable that provides an estimated time from license approval of the cultivation center to full operation, and the assumptions used for the basis of those estimates.
7) Applicant's Status as a Social Equity Applicant (200 points).
8) Applicant's Labor and Employment Practices (20 points): Provide a safe, healthy and economically beneficial working environment for its employees, including, but not limited to, its plans regarding workplace safety and environmental standards, codes of conduct, healthcare benefits, educational benefits, retirement benefits, wage standards, and entering a labor peace agreement with employees.
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9) Applicant's Environmental Plan (20 points):
A) Measure 1 (10 points): The applicant's ability to demonstrate an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the production of cannabis.
B) Measure 2 (10 points): The applicant's ability to describe any plans for the use of alternative energy, the treatment of waste water and runoff, and scrubbing or treatment of exchanged air.
10) Applicant is 51% or more owned and controlled by an individual or individuals who have been an Illinois resident for the past 5 years as proven by tax records and other documentary evidence as permitted by the Act (90 points).
11) Applicant's status as veteran-controlled or -owned, as "veteran" is defined by Section 45-57 of the Illinois Procurement Code (20 points).
12) Applicant's Diversity Plan. A narrative of not more than 2500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity (100 points). b) The Department may award bonus points for preferred but not required initiatives in the following categories based on the applicant's ability to meet or exceed minimum requirements, with each initiative accounting for up to a maximum of 5 points each, for a maximum total of 15 bonus points:
1) Incubator Program (5 points): Establishment of an incubator program designed to increase participation in the cannabis industry by persons who would qualify as Social Equity Applicants;
2) Substance Abuse Prevention Plan (5 points): Providing financial assistance to substance abuse treatment centers;
3) Education Plan (5 points): Educating children and teens about the potential harms of cannabis use.
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c) Should the applicant be awarded a license, the terms and statements in the application become a mandatory condition of the license. If a licensee fails to comply with standard and special conditions of the license, the Department may assess a penalty or seek suspension or revocation of the license pursuant to Subpart G (Enforcement and Immunities). d) In the event that 2 or more qualified applicants for a CAUCCL receive the same total score, the Department will distribute the remaining licenses by lot.
1) The Department will publish a list of tied applicants at least 5 business days before the day the remaining available licenses are distributed.
2) The drawing by lot for all remaining available licenses will occur on the same day.
3) The process for distributing the remaining available licenses will be recorded by the Department in a format of its discretion.
4) If, upon being selected for a remaining available license, an applicant has a principal officer that is a principal officer in more than 3 CAUCCLs, the licensees and the eligible applicant listing a principal officer must choose which license to abandon, and notify the Department in writing within 5 business days. If the eligible applicant or licensees do not notify the Department as required, the Department will refuse to issue all remaining available licenses obtained by the applicant.
5) All remaining available licenses that have been abandoned shall be distributed by lot at a later date. e) The Department may verify information contained in each application and accompanying documentation to assess the applicant's character and fitness to operate a cultivation center. Notwithstanding an applicant satisfying the selection criteria of this Section, the Department may, in its discretion, refuse to issue a license if it is not satisfied that an applicant, or any one required to be identified in the application by Sections 1300.102, 1300.103 and 1300.145, is a person of good character, honesty and integrity, and is not:
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1) A person who creates or enhances the dangers of unlawful practices, methods and activities in the cannabis industry, including, but limited to, product diversion;
2) A person who presents questionable business practices and financial arrangements incidental to the cannabis industry;
3) A person who has had a cannabis dispensary or cultivation center license revoked, suspended or sanctioned in any other jurisdiction.
Section 1300.110 License Denial and Prohibitions
a) An application for a CAUCCL or an Adult Use Cultivation Center License must be denied if any of the following conditions are met:
1) The applicant failed to submit the materials required by Article 20 of the Act;
2) The applicant would not be in compliance with local zoning rules;
3) One or more of the prospective principal officers or board members causes a violation of Section 20-30 of the Act;
4) One or more of the principal officers or board members is under 21 years of age;
5) The person has submitted an application for a license under the Act that contains false information;
6) The licensee, principal officer, board member or person having a financial or voting interest of 5% or greater, or the agent of one of these entities, is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois; [410 ILCS 705/20-25]
7) A principal officer or board member of the cultivation center has failed a background check required by Section 5-20 of the Act;
b) A license shall be surrendered to the Department upon written notice and demand if the cultivation center fails to begin production within 6 months after the license
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has been issued. The cultivation center may submit a written request to the Department for an extension of time setting forth its justification for being unable to begin production within 6 months after the license was issued. The Department may grant an extension, at its discretion, for good cause shown. Good cause may include unforeseen events, acts of nature, and other events that prevent a good faith effort. Good cause shall not include cost overruns, insufficient financing, and other factors evidencing a lack of good faith effort.
c) A cultivation center that fails to maintain production for any reason for more than 90 consecutive days after it has begun production shall be notified in writing and given 30 days from the date of notification from the Department to submit a written explanation why it so failed and, if it plans on continuing to operate as a cultivation center, a description of how it will correct the problem and prevent it from occurring again.
1) If no response is received from the cultivation center or if a response is received after the 30-day period, the license will be revoked and shall be surrendered to the Department.
2) If a response is received within the 30-day period, the Department will review the response and either approve it and require the cultivation center to come into compliance, or reject it and revoke the license, requiring the cultivation center to surrender its license to the Department. If the Department allows the cultivation center to come into compliance, the Department may, after a hearing, levy a fine for failure to provide an uninterrupted supply.
Section 1300.115 License Award, Issuance and Transferability
a) License Issuance – Conditional Adult Use Cultivation Center License Top-scoring applicants will be awarded a CAUCCL. A cultivation center that is awarded a CAUCCL pursuant to the criteria set forth in Section 1300.105 shall not grow, purchase, possess, or sell cannabis or cannabis-infused products until the person has received an Adult Use Cultivation Center License issued by the Department. [410 ILCS 705/20-15(e)]
b) License Issuance – Adult Use Cultivation Center License
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1) A person or entity is only eligible to receive an Adult Use Cultivation Center License if the person or entity has first been awarded a CAUCCL. [410 ILCS 705/20-21(a)]
2) A cultivation center license shall be issued for the specific location identified on the application, and is valid only for the owner, premises and name designated on the license and the location for which it is issued.
3) Should the applicant be awarded a cultivation center license, it shall pay a fee of $100,000 prior to receiving the license. [410 ILCS 705/20-20(d)]
4) The Department will not issue an Adult Use Cultivation Center License until:
A) The Department has inspected the cultivation center site and proposed operations and verified that they are in compliance with the Act and local zoning laws;
B) The CAUCCL holder has paid a registration fee of $100,000 or a prorated amount accounting for the difference of time between when the Adult Use Cultivation Center License is issued and March 31 of the next even-numbered year; and
C) The CAUCCL holder has met all the requirements in the Act and this Part. [410 ILCS 705/20-20(b)] c) Transfer of License A cultivation center license shall not be transferable, in whole or in part, without Department approval, with the following exceptions:
1) A cultivation center license may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased licensee if the license was issued in the names of both of the parties;
2) A cultivation center license may be transferred, without charge, to an heir of a deceased licensee, as determined by the Probate Act of 1975. For the purpose of considering the qualifications of the heir to receive a cultivation center license, the Department will require a criminal
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background check and the heir will be subject to all other requirements of the Act and this Part. d) Change of Business Location In the event that the Department approves the new location as meeting all requirements of the Act and this Part, the cultivation center shall have a brief transition period of no more than 90 days, approved by the Department, to transfer its inventory and begin operations at the new location.
1) The transition period shall not begin until the new location is ready to begin production.
2) No product may be transferred to or cultivated at the new location prior to the beginning date of this approved transition period.
3) Any product remaining at the original location past the transition period shall be destroyed in accordance with Subpart I (Destruction of Cannabis).
4) The cultivation center shall notify the Department in writing or by electronic transmission once the transfer of inventory is complete and production has begun at the new location.
5) Upon inspection and verification by the Department that the new location is in compliance with the Act and this Part, the Department will issue a license modification reflecting the new location. The modified license shall have the same expiration date as the previously issued license. e) Sale of Stock The proposed sale of any outstanding or issued stock of a corporation licensed under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department and Department approval must be obtained before the changes are made. A fee of $1000 will be charged for the processing of the change of stock ownership or corporate officers or board members. f) The proposed change of any person or principal officer of any licensee must be reported to the Department and Department approval must be obtained before the changes are made. A fee of $1000 will be charged for the processing of any such change.
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g) A cultivation center license shall not be leased or subcontracted, in whole or in part. h) A cultivation center license is issued upon the following condition: A cultivation center may not either directly or indirectly discriminate in price between different dispensing organizations, craft growers, or infusers that are purchasing a like grade, strain, brand, and quality of cannabis or cannabis-infused product. Nothing in this subsection (h) prevents a cultivation centers from pricing cannabis differently based on differences in the cost of manufacturing or processing, the quantities sold, such as volume discounts, or the way the products are delivered. [410 ILCS 705/20-30(e)] i) A cultivation center license is issued upon the following condition: It is unlawful for any person having a cultivation center license or any officer, associate, member, representative, or agent of the licensee to offer or deliver money, or anything else of value, directly or indirectly to any person having an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act (the licensees), or to any person connected with or in any way representing, or to any member of the family of, the person holding one of the licenses, or to any stockholders in any corporation engaged in the retail sale of cannabis, or to any officer, manager, agent, or representative of the licensee to obtain preferential placement within the dispensing organization, including, without limitation, on shelves and in display cases where purchasers can view products, or on the dispensing organization's website. [410 ILCS 705/20-30(n)] j) Licensure Condition
1) A cultivation license is issued upon the following condition: No person or entity shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, in more than 3 cultivation centers licensed under Article 20 of the Act.
2) Further, no person or entity that is employed by, is an agent of, has a contract to receive payment in any form from, a cultivation center, is a principal officer of a cultivation center, or an entity controlled by or
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affiliated with, a principal officer of a cultivation center shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, in a cultivation center that would result in the person or entity owning or controlling, in combination with any cultivation center, principal officer of a cultivation center, or entity controlled or affiliated with a principal officer of a cultivation center by which he, she, or it is employed, is an agent of, or participates in the management of, more than 3 cultivation center licenses. [410 ILCS 705/20-30(j)]
Section 1300.120 License Renewal
a) Every cultivation center license shall expire annually on the date it was issued.
b) The Department will send written or electronic notification of expiration to each licensed cultivation center at least 90 days prior to expiration. [410 ILCS 705/20- 10(b) and (c-5)] However, failure to receive a renewal form from the Department will not excuse the cultivation center from paying the renewal fee or renewing the license prior to its expiration.
c) The Department will grant a renewal application within 45 days after submission of a renewal application if:
1) The registered cultivation center submits a renewal application and the required renewal fee of $100,000;
2) The Department has not suspended the license of the cultivation center or suspended or revoked the registration for violation of the Act or this Part;
3) The cultivation center has continued to operate in accordance with all plans submitted as part of its application and approved by the Department, or any amendments thereto that have been approved by the Department;
4) The cultivation center has submitted an agent, employee, contracting, and subcontracting diversity report as required by the Department; and
5) The cultivation center has submitted an environmental impact report as required by the Act. [410 ILCS 705/20-45(a)]
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d) If a cultivation center fails to renew its license before expiration, it shall cease operations until its license is renewed. [410 ILCS 705/20-45(b)]
e) Upon request for renewal, the Department will consider the licensee's history of compliance with requirements of the Act and this Part, the number and severity of any violations and the correction of those violations, penalties or fines imposed, or any other enforcement actions.
f) The Department may deny a renewal after consideration of the licensee's history of compliance.
Section 1300.130 Modifications and Alterations
a) A license shall be amended before the commencement of any modification to the facility. This includes any change that modifies the approved license design capability of production or process areas, including change of capacity, efficiency or processes.
b) Before making any modification to a licensed facility, the cultivation center must complete an Application for License and Construction Approval and submit the application with the appropriate schedules to the Department. The fee for an application to make modifications to a cultivation center shall be $5,000. In addition, upon approval of the application, the applicant shall pay an additional fee of $3,000.
c) An amendment to the license shall not be required for alterations at the facility. The fee for an application to make an alteration of a cultivation center, other than an expansion, shall be $1,000.
Section 1300.145 Background Check
a) All applications submitted by applicants with criminal convictions shall be subject to Sections 2105-131, 2105-135, and 2105-205 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
b) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each cultivation center agent applying for a cultivation center agent identification card.
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1) ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.
2) For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background check to the Department and that transmittal shall conclude the verification process.
3) The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).
A) Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.
B) Fingerprint images of the individual being fingerprinted, and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.
C) Electronic transmission of fingerprint data to ISP shall be accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.
D) If the fingerprints are rejected by ISP, the cultivation center agent shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.
E) In the event of equipment malfunction or other special circumstance that make electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records. c) Each cultivation center agent applying for a cultivation center agent identification card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for a cultivation center agent identification card.
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1) The cultivation center agent shall submit to the Department, with the cultivation agent identification card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.
2) Cultivation center identification card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed. The fingerprinting process is not completed until the Department receives the results from ISP.
3) Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking a cultivation center agent identification card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the ISP Services Fund. A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. d) The Department will obtain from ISP a State and federal criminal records check, to the extent allowed by law, containing conviction information for each cultivation center agent applying for a cultivation center agent identification card. e) The Department will maintain the results of the criminal history records check in compliance the State Records Act. f) Should the Department not be able to obtain from ISP the required State and/or federal criminal records check required by the Act and this Section, the Department will contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks. g) The Department may deny an application or renewal for a cultivation center agent who has failed the background check required by Section 5-20 of the Act.
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Section 1300.150 Specifications
a) Cultivation centers shall:
1) Not be located closer than 1,500 feet to another cultivation center or a craft grower.
2) Not be in violation of any other local zoning requirements.
b) Before production, the licensee shall provide the Department with engineering plans and specifications of the entire cultivation center. The plans and specifications shall include:
1) A detailed plan and elevation drawings of all operational areas involved with the production of cannabis plants. This should include dimensions and elevation referenced to a single facility benchmark;
2) Cross-sections that show the construction details and their dimensions to provide verification of construction materials, enhancement for security measures, and bio-security measures;
3) Identification of all employee areas that are nonproduction areas;
4) The location of all storage areas, ventilation systems, and equipment used for the production of cannabis;
5) The location of all entrances and exits to the cultivation center;
6) The location of any windows, skylights and roof hatches;
7) The location of all cameras and their field of view;
8) The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;
9) The location of the digital video recorder and alarm control panel;
10) The location of all restricted and public areas;
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11) The location where all plant inputs and application equipment are stored;
12) If applicable, the location of areas designated specifically for the production of cannabis-infused products; and
13) The location of the enclosed, secure area or loading/unloading dock out of public sight for the loading/unloading of cannabis in the transport motor vehicle.
Section 1300.155 Records
a) Each cultivation center shall keep and maintain upon the licensed premises, for a 5-year period, true, complete, legible and current books and records, including the following:
1) The date of each sale or distribution to a cannabis organization;
2) The name, address and registration number of the cannabis organization;
3) The item number, product name (description), and quantity of cannabis and cannabis-infused products registered by the Department and sold or otherwise distributed to the cannabis organization;
4) The price charged and the amount received for the cannabis and cannabis- infused products from the cannabis organization;
5) If the distribution was for a purpose other than sale, the reason for the distribution;
6) The quantity and form of cannabis maintained at the cultivation center on a daily basis; and
7) The amount of plants being grown at the cultivation center on a daily basis.
b) Each cultivation center is responsible for keeping and maintaining records that clearly reflect all financial transactions and the financial condition of the business. The following records must be kept and maintained on the licensed premises for a
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5-year period and must be made available for inspection upon request by the Department and DOR:
1) Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale, and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;
2) If applicable, bank statements and canceled checks for all accounts relating to the cultivation center;
3) Accounting and tax records related to the cultivation center;
4) Records of all financial transactions related to the cultivation center, including contracts and/or agreements for services performed or received that relate to the cultivation center;
5) All employee records, including training, education, discipline, etc.;
6) Soil amendment, fertilizers, pesticides as required by 8 Ill. Adm. Code 1000.470, or other crop production aids applied to the growing medium or plants, or used in the process of growing cannabis;
7) Production records, including:
A) Records of planting, harvest and curing, weighing, destruction of cannabis, creation of batches of cannabis-infused products, and packaging and labeling; and
B) Records of disposal of cannabis, cannabis-infused products, and waste materials associated with production;
8) Records of each batch of extracts or cannabis-infused products made, including, at a minimum, the usable cannabis or trim, leaves, and other plant matter used (including the total weight of the base product used), any solvents or other compounds utilized, and the product type and the total weight of the end product produced, such as hash oil, shatter, tincture, infused dairy butter, etc.;
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9) Transportation records;
10) Inventory records as described in Section 1300.180;
11) Records of all samples sent to an independent testing lab and/or the Department's lab and the quality assurance test results;
12) All samples provided to anyone or any entity for any purpose; and
13) Records of any theft, loss or other unaccountability of any cannabis seedlings, clones, plants, trim or other plant material, extracts, cannabis- infused products, or other items containing cannabis.
Section 1300.160 Signage
a) Each licensed cultivation center must post a sign in a conspicuous location at each entrance of the facility that reads: "PERSONS UNDER 21 YEARS OF AGE NOT PERMITTED ON THESE PREMISES".
b) Each licensed cultivation center must post a sign in a conspicuous location at each entrance of the facility that reads: "THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE".
Section 1300.165 Agents and Identification Cards
a) The cultivation center agent application shall be submitted on forms provided by the Department in accordance with the Act and this Part. The application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application will be returned to the applicant.
b) Each principal officer, board member, employee or agent of a registered cultivation center must apply to the Department for a cultivation center agent identification card (ID card). Along with the application, the applicant shall submit:
1) A copy of the applicant's social security card;
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2) A copy of the applicant's valid driver's license or State issued identification card;
3) A document verifying the applicant's place of residency, such as a bank statement, cancelled check, insurance policy, etc. The document must contain the applicant's full residence address;
4) Verification from ISP that the applicant's background check has been conducted;
5) The application fee of $100; and
6) Any additional information requested by the Department. c) Upon receipt and verification of the information specified in subsection (b), the Department will:
1) Approve or deny the application within 30 days after receipt;
2) Issue an agent identification card to a qualifying agent within 15 business days after approving the initial application or renewal application [410 ILCS 705/20-35(a)(3)];
3) Enter in its record system the registry identification number of the cultivation center where the agent works. d) No person shall begin working at a cultivation center prior to receiving his or her ID card. e) The ID card shall contain the following:
1) The name of the cardholder;
2) The date of issuance and expiration;
3) A random 10-digit alphanumeric identification number with at least 4 numbers and 4 letters that are unique to the holder;
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4) A photograph of the cardholder; and
5) The legal name of the cultivation center employing the agent. f) A registered cultivation center agent is not subject to prosecution, search, or penalty in any manner, and will not be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business licensing board or entity, for working or volunteering for a registered cannabis cultivation center to perform the actions permitted by this Part. g) A cultivation center agent must keep his or her ID card visible at all times when on the property of a cultivation center. h) Upon termination of employment, the ID cards shall be immediately returned to the cultivation center. The cultivation center shall promptly return the ID cards to the Department. i) Any ID card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction or theft. The fee for the issuance of a replacement ID card shall be $50. j) Upon conviction of an excluded offense, the principal officer, board member or registered agent shall immediately notify the Department and shall surrender his or her ID card to the Department. k) Renewal of Agent Identification Cards
1) ID cards issued under the Act shall be renewed annually. The renewal fee shall be $100;
2) An agent shall receive written or electronic notice of expiration of the ID card 90 days before the expiration of the ID card;
3) If a cultivation center agent fails to renew his or her ID card before its expiration, he or she shall cease to work as an agent of the cultivation center until his or her ID card is renewed [410 ILCS 705/20-45(c)];
4) Upon request for renewal, the Department will consider the licensee's history of compliance with the Act and this Part, the number and severity
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of any violations and the correction of those violations, and penalties or fines imposed or any other enforcement actions;
5) The Department may deny a renewal after consideration of the licensee's history of compliance;
6) The Department will not issue or renew an ID card if the applicant is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois. [410 ILCS 705/15-95(i)(12)]
Section 1300.170 Operations – Plant Production
a) Each facility shall develop and maintain an Operations and Management Practices Plan for each production area.
b) Each production area shall maintain an open aisle on all sides of each plant group to allow for unobstructed travel, observation and inventory of each plant group.
c) Each production area shall be maintained free of debris.
d) Biosecurity measures shall be implemented and maintained at all times.
e) A record of all crop inputs shall be maintained for at least 5 years at the facility. The record shall include the following:
1) The date of application;
2) The name of the individual making the application;
3) The product that was applied;
4) The section, including the square footage, that received the application (by group number);
5) The amount of product that was applied; and
6) A copy of the label of the product applied.
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NOTICE OF PROPOSED RULES f) At the time of planting, all plants shall be accounted for as a batch with a unique batch number that shall remain with the batch through final packaging. A "batch" means the established segregation of a group of plants at the time of planting for the control of quantity, traceability and/or strain. A batch number will be assigned at the time of planting for a specified number of plants. When plants reach 6 inches in height, a specific number will be assigned for each plant within that batch and the individual tag will be recorded electronically (RFID) or kept in an electronic file until harvest or destruction. The batch number will remain with the segregated plants through harvest to final packaging. The batch number will be included on the label of the package distributed for the end user. g) All plants, regardless of accounting strategy, shall be physically inventoried on a weekly basis and records of the inventory shall be kept at the facility for at least 5 years. The records shall be made available to the Department upon request. h) Any removal of plants from the batch shall be recorded on a permanent record and maintained on site. The records shall be made available to the Department. i) The batch number shall be displayed on the approved label of the product designated for distribution to a dispensing organization. j) All persons working in direct contact with cannabis shall conform to hygienic practices while on duty, including but not limited to the following:
1) Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis plants are exposed;
2) Floors, walls and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair;
3) There shall be adequate lighting in all areas where cannabis is stored and where equipment or utensils are cleaned;
4) There shall be adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests;
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5) Any buildings, fixtures and other facilities shall be maintained in a sanitary condition;
6) Toxic cleaning compounds, sanitizing agents, solvents used in the production of cannabis concentrates, and pesticide chemicals shall be identified, held and stored in a manner that protects against contamination of cannabis, and in a manner that is in accordance with any applicable local, State or federal law, rule, regulation or ordinance;
7) Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act shall be used in cultivation centers, and they shall be used in accordance with labeled instructions;
8) The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs;
9) Plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the cultivation center, and it shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross- connections between the potable and waste water lines, pursuant to the Illinois Plumbing Code;
10) All operations in the receiving, inspecting, transporting, segregating, preparing, production, packaging and storing of cannabis or cannabis- infused product shall be conducted in accordance with adequate sanitation principles;
11) Cannabis that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms; and
12) A cultivation center shall not contain more than 210,000 square feet of canopy space for plants in the flowering stage for cultivation of adult use cannabis. [410 ILCS 705/20-30(k)]
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Section 1300.175 Operations – Infused or Processed Products
a) Any area within the cultivation center where cannabis will be manufactured into an edible form shall comply with the Illinois Food, Drug and Cosmetic Act, Sanitary Food Preparation Act, and Food Handling Regulation Enforcement Act.
1) No cannabis-infused products requiring refrigeration or hot-holding, or considered potentially hazardous food as defined by Section 4 of the Food Handling Regulation Enforcement Act, shall be manufactured at a cultivation center.
2) Cannabis-infused products sold or distributed at a dispensing organization must be prepared by an approved staff member of a licensed cultivation center.
b) DPH may at all times enter every building, room, basement, enclosure, or premises occupied or used, or suspected of being occupied or used, for the production, preparation, manufacture for sale, storage, sale, distribution or transportation of cannabis-infused products, to inspect the premises and all utensils, fixtures, furniture, and machinery used for the preparation of these products.
c) If a local health department has a reasonable belief that a cultivation center's cannabis-infused product poses a public health hazard, it may refer the cultivation center to DPH for inspection.
d) General Sanitary Requirements. All areas permitted in the cultivation center for the production of cannabis-infused products shall take all reasonable measures and precautions to ensure that:
1) Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of microbial contamination, and for whom there is a reasonable possibility of contact with cannabis, shall be excluded from any operations that may be expected to result in microbial contamination until the condition is corrected.
2) Hand-washing facilities are adequate and convenient and are furnished with running water at a suitable temperature. Hand-washing facilities
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shall be located in the licensed premises and where good sanitary practices require employees to wash and/or sanitize their hands, and shall provide effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices.
3) All persons working in direct contact with cannabis shall conform to hygienic practices while on duty, including but not limited to:
A) Maintaining adequate personal cleanliness;
B) Washing hands thoroughly in adequate hand-washing areas before starting work and at any other time when the hands may have become soiled or contaminated;
C) Refraining from having direct contact with cannabis if the person has or may have an illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of microbial contamination, until the condition is corrected.
4) Litter and waste are properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis is exposed.
5) Floors, walls and ceilings are constructed and maintained in such a manner that they may be adequately cleaned and kept clean and in good repair.
6) There is adequate lighting in all areas where cannabis is stored and where equipment or utensils are cleaned.
7) There is adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests.
8) All buildings, fixtures and other facilities are maintained in a sanitary condition.
9) Toxic cleaning compounds, sanitizing agents, and solvents used in the production of cannabis concentrates shall be identified, held and stored in
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a manner that protects against contamination of cannabis, and in a manner that is in accordance with any applicable local, State or federal law, rule, regulation or ordinance.
10) All contact surfaces, including utensils and equipment used for the preparation of cannabis or cannabis-infused product, shall be cleaned and sanitized as frequently as necessary to protect against contamination. Equipment and utensils shall be designed and shall be of such material and workmanship as to be adequately cleanable, and shall be properly maintained. Only sanitizing agents registered with the Department under the Illinois Pesticide Act shall be used in cultivation centers; they shall be used in accordance with labeled instructions.
11) The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs.
12) Plumbing shall be of adequate size and design, and adequately installed and maintained, to carry sufficient quantities of water to the required locations throughout the facility. Plumbing shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross- connections between the potable and waste water lines.
13) All operations in the receiving, inspecting, transporting, segregating, preparing, producing, packaging and storing of cannabis and cannabis- infused products shall be conducted in accordance with adequate sanitation principles.
14) Each cultivation center shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair.
15) Cannabis that can support the rapid growth of undesirable microorganisms shall be handled in a manner that prevents the growth of these microorganisms. e) The licensee must request that DPH conduct a pre-operational inspection at all registered cultivation centers to determine whether the facilities, methods,
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practices and controls used in the manufacture, processing or holding of cannabis- infused products conform to, or are operated or administered in conformity with, good manufacturing practices to ensure that food products for human consumption are safe and have been prepared, packed and held under sanitary conditions.
f) Licensed cultivation centers shall immediately allow DPH to inspect the premises and all utensils, fixtures, furniture, machinery and devices used for preparing manufactured cannabis-infused products, upon request.
g) DPH will conduct inspections of registered cultivation centers, with regard to the manufacture and preparation of cannabis-infused products, under the authority of the Illinois Food, Drug and Cosmetic Act, the Food Handling Regulation Enforcement Act and the Food Service Sanitation Code, and in accordance with DPH's Cannabis-Infused Products rules (77 Ill. Adm. Code 946.Subpart D).
h) A cultivation center that prepares cannabis-infused products for sale or distribution at a cannabis organization shall be under the operational supervision of a certified food service sanitation manager. [410 ILCS 705/55-5(c)] Management responsibilities and supervision shall be in accordance with 77 Ill. Adm. Code 730.8000 and 730.8040 (Manufacturing, Processing, Packing or Holding of Food Code).
i) Cultivation centers are strictly prohibited from using, adding, or incorporating vitamin E in any form, including, but not limited to, vitamin E acetate (also known as VEA, tocopheryl-acetate, and vitamin E oil) to cannabis, cannabis concentrate, cannabis products, or cannabis-infused products.
Section 1300.180 Inventory
a) Each cultivation center, prior to commencing business, shall:
1) Conduct an initial comprehensive inventory of all cannabis at the facility. If a cultivation center commences business with no cannabis on hand, the cultivation center shall record this fact as the initial inventory; and
2) Establish ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of cannabis, which shall
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enable the cultivation center to detect any diversion, theft or loss in a timely manner. b) Upon commencing business, each cultivation center shall conduct a physical weekly inventory of cannabis stock, which shall include, at a minimum:
1) The date of the inventory;
2) A summary of the inventory findings;
3) The name, signature and title of the individuals who conducted the inventory, and the agent-in-charge who oversaw the inventory; and
4) The product name and quantity of cannabis plants or cannabis-infused products at the facility. c) The record of all cannabis sold or otherwise disposed of shall show:
1) The date of sale;
2) The name of the dispensary facility to which the cannabis was sold;
3) The batch number, product name, and quantity of cannabis sold; and
4) If applicable, the date, quantity and manner in which, and reason why, any cannabis was destroyed. d) A complete and accurate record of all plant stock or products of cannabis on hand shall be prepared annually on the anniversary of the initial inventory, or other date that the cultivation center agent-in-charge may choose, so long as it is not more than one year following the prior year's inventory. e) All inventories, procedures and other documents required by this Section shall be maintained on the premises and made available to the Department at all times, upon request. f) Whenever any sample or record is removed by a person authorized to enforce this Part, that person shall tender a receipt in lieu of the sample or record. The receipt shall be kept for 5 years.
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Section 1300.185 Security
a) A cultivation center shall be required to operate and maintain in good working order a 24 hour, 7 days a week, closed-circuit television (CCTV) surveillance system on the premises that complies with the following minimum standards:
1) Visually records and monitors all building entrances and exits, all parking lot areas, and rear alley areas immediately adjacent to the building, and covers the entire inside of the facility, including all limited access areas and all areas where cannabis is produced, stored, shipped or destroyed, but does not include restrooms nor the executive office. Fixed cameras shall be installed to provide a consistent recorded image of these areas. The cultivation center shall instruct the company or individuals installing the surveillance cameras to maximize the quality of facial and body images and to avoid backlighting and physical obstructions;
2) Cameras installed outdoors and in low-light interior areas shall be day/night cameras with a minimum resolution of 600 lines per inch (analog) or D1 (IP) and a minimum light factor requirement of 0.7 LUX. The installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image;
3) The recording device shall be digital and meet the following minimum standards:
A) Displays a date and time stamp on all recorded video;
B) Can produce a digital video disc using an installed media recording drive. The video on the disc shall be viewable on any Windows PC, and shall include any required player software on the disc;
C) The ability to remain operational during a power outage for an unlimited amount of time;
D) Allow for the exporting of still images in an industry standard image format, including .jpg, .bmp and .gif. Exported video shall have the ability to be archived in a proprietary format that ensures
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authentication of the video and guarantees that no alteration of the recorded image has taken place. Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system. All recordings shall be erased or destroyed prior to disposal;
4) A display monitor with a minimum screen size of 12 inches shall be connected to the electronic recording security system at all times;
5) Electronic recording security systems are required to be maintained in good working order at all times. The owner of a cultivation center shall instruct each manager, employee or agent overseeing the functioning of the video recording security system to immediately report to the agent-in- charge any malfunctioning or technical problems with the system;
6) Security recordings shall meet the following minimum requirements:
A) The recorded image resolution shall be at least D1;
B) The recorded image frame rate shall be at least 3 frames per second during alarm or motion-based recording; and
C) Security recordings shall be retained by a cultivation center for a minimum of 90 days at the licensed premises and an additional 90 days off site (e.g., cloud storage). The recording system for the security cameras must be located in a locked, tamper-proof compartment;
7) Have available a video printer capable of immediately producing a clear still photo from any video camera image; and
8) Upon request, the recording or any photo shall be turned over to ISP or the Department. b) Access to surveillance areas shall be limited to persons who are essential to surveillance operations, law enforcement agencies, security system service personnel, the Department, and others when approved by the Department. A current list of authorized employees and service personnel who have access to the
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surveillance room must be available to the Department upon request. Surveillance rooms shall remain locked.
c) The electronic security system shall be available 24 hours per day, 7 days per week, to the Department and law enforcement agencies via a secure web-based portal.
d) Visitors must receive prior-approval from the Department and receive a visitor pass before entering an infuser. A visitor must keep his or her visitor pass visible at all times while on the property of an infuser. The visitor pass must be returned at the conclusion of the visit.
Section 1300.195 Transportation
Beginning July 1, 2020, a cultivation center shall not transport cannabis to a craft grower, dispensing organization, infusers, or laboratory licensed under the Act, unless it has obtained a Transporter License. [410 ILCS 705/20-30(m)] Transporter Licenses are granted in accordance with Subpart F (Transporters).
SUBPART C: COMMUNITY COLLEGE CANNABIS VOCATIONAL PILOT PROGRAM
Section 1300.200 Definitions
The terms that appear in this Subpart have the definitions specified in this Subpart or have the meanings ascribed to those terms in the Act.
"Board" means the Illinois Community College Board.
"Career in Cannabis Certificate" or "Certificate" means the certification awarded to a community college student who completes a prescribed course of study in cannabis and cannabis business industry related classes and curriculum at a community college awarded a Community College Cannabis Vocational Pilot Program license.
"Community college" means a public community college organized under the Public Community College Act.
"Department" means the Department of Agriculture.
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"Licensee" means a community college awarded a Community College Cannabis Vocational Pilot Program license under this Article.
"Low-income student" means a full-time student that receives a federal Pell Grant award.
"Program" means the Community College Cannabis Vocational Pilot Program.
"Program license" means a Community College Cannabis Vocational Pilot Program license issued to a community college under Article 25 of the Act. [410 ILCS 705/25-1]
Section 1300.202 License Application
a) Community College Cannabis Vocational Pilot Program applications shall be submitted to the Department no later than July 1, 2020.
1) Submissions shall be considered as submitted on the date on which they are postmarked or, if delivered in person during regular business hours, on the date on which they are so delivered or, if sent electronically, on the date received by the Department if received on or before 5 p.m. Central Time. If received electronically after 5 p.m. Central Time, they will be considered received on the next business day.
2) Submissions received after July 1, 2020, or by a means other than required in this Section, shall be returned to the applicant.
3) Notification of the availability of applications and instructions for completion and submission of applications will be posted on the Department's website at www.agr.state.il.us/. Application forms will be made available online at that website.
b) The application shall be submitted on the forms provided by the Department. The forms will include instructions for their completion and submission. The application will reflect the information required of applicants by the Act and this Part and will include requests for information, plans, maps and other materials in support of the application required by the Department to make its determination on the license request. The instructions on the application will reflect the total
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maximum number of points that can be awarded for each required criteria, measure and category listed in Section 1300.205. All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner. c) An applicant applying for a Program license shall submit, in duplicate, the following:
1) The name and address of the Community College;
2) A detailed description of the social, ethnic, and geographic diversity of the applicant's staff and student body;
3) A detailed description of the applicant's student body population, including information related to the percentage of low-income students enrolled at the community college;
4) A description of the enclosed, locked facility as it applies to the location where cannabis will be grown, harvested, or stored;
5) Proposed procedures for the oversight of the area and facility where the cannabis is expected to be grown or stored, including the implementation of a plant monitoring system, accurate record keeping, staffing plan, and security plan in accordance with the rules issued by the Department of Agriculture under the Act. These procedures should include the process for implementing a physical inventory that will be performed of all plants on a weekly basis;
6) Verification that all faculty and staff with access to the enclosed and locked facility successfully passed a background check;
7) A plot plan of the interior of the building where cannabis will be produced or handled drawn to a reasonable scale;
8) Proposed plan to keep a vault log of entries to the enclosed, locked facility or facilities, including but not limited to, the person entering the site location, the time of entrance, and the time of exit;
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9) Proposed plan to conduct post-certificate follow-up surveys and record participating students' job placements within the cannabis industry within a year after the student's completion of the curriculum. The information collected in these surveys shall include, but is not limited to:
A) Number of security incidents or infractions at each licensee and any action taken or not taken;
B) Statistics, based on race, ethnicity, gender, and participating community college of:
i) Students enrolled in career in cannabis classes;
ii) Successful certification completion rates by community college students;
C) Postgraduate job placement of students who obtained a certificate, including both cannabis business establishment jobs and non- cannabis business establishment jobs; and
D) Any other relevant information;
10) A detailed description of the faculty members who will be participating in the program, including their experience and credentials;
11) A detailed proposal of the applicant's curriculum plan, including plans for the processing and testing of cannabis;
12) A career advising and job placement plan for participating students.
13) The nonrefundable application fee of $100.
Section 1300.205 License Selection Criteria
a) Each application shall address all criteria and measures as set forth in this Subpart. The failure by an applicant to address all of the required criteria and measures will result in the application being returned to the applicant. If all materials, documentations, fees and information required by the application form are not submitted, the application shall be returned to the applicant along with a
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deficiency notice from the Department. The applicant shall then have 10 calendar days from the date of the deficiency notice to resubmit the application in its entirety. Applications that are still incomplete after this opportunity to cure will not be scored and will be returned to the applicant.
b) The required criteria and measures shall include the following, with each criteria accounting for up to the indicated maximum number of the total points available for each criteria, for a total of 1000 points:
1) Experience and credentials of the applicant's faculty (200 points);
2) Student population that is more than 50% low-income in each of the past 4 years (200 points);
3) Security plan, including a requirement that all cannabis plants be in an enclosed, locked facility (200 points);
4) Curriculum plan, including processing and testing curriculum for the Career in Cannabis Certificate (200 points);
5) Career advising and job placement plan for participating students (200 points). [410 ILCS 705/25-10(b)]
c) The top-scoring applicants, as determined by subsection (b), that receive a minimum of 60% of available points will be issued licenses by the Department.
d) In the event that 2 or more qualified applicants for a Community College Cannabis Vocational Pilot Program license receive the same total score, the Department will distribute the remaining available licenses by lot:
1) The drawing by lot for all remaining available licenses will occur on the same day; and
2) The process for distributing remaining available licenses will be recorded by the Department in a format of its discretion.
Section 1300.215 License Transferability
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A program license is not transferable to a new entity. A license is not transferable to a new location without Department approval.
Section 1300.220 License Renewal
a) Every program license shall expire annually on the date it was issued.
b) Every renewal application for a license shall be filed annually with the Department at least 45 calendar days prior to the expiration date of the existing license.
c) The Department will send written notification of expiration to each licensed program at least 90 days prior to the expiration date. However, failure to receive a renewal form from the Department will not excuse the program from renewing the license prior to its expiration.
d) The renewal application must include a list of all faculty members participating in the cannabis curriculum and contain the signature of the faculty member charged with supervising the cannabis curriculum.
e) The license renewal fee shall be $50.
Section 1300.230 Modifications and Alterations
Before making any modification to a licensed enclosed and locked facility, the program must complete an Amended Application for License, submit it to the Department with the appropriate schedules, and receive approval from the Department.
Section 1300.235 License Awards and Denials
a) Licenses shall only be issued for the program as stated in the application.
b) The Department may issue up to 8 program licenses by September 1, 2020. [410 ILCS 705/25-5(a)]
c) Licenses shall be awarded to the highest scoring applicant based on the criteria in Section 1300.205.
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d) Beginning with the 2021-2022 academic year, and subject to Section 2-12(h) of the Public Community College Act, community colleges awarded program licenses may offer qualifying students a Career in Cannabis Certificate, which includes, but is not limited to, courses that allow participating students to work with, study, and grow live cannabis plants so as to prepare students for a career in the legal cannabis industry, and to instruct participating students on the best business practices, professional responsibility, and legal compliance of the cannabis industry. [410 ILCS 705/25-5(b)]
Section 1300.245 Agents and Identification Cards
a) All faculty members shall be required to maintain registration as an agent-in- charge and have a valid agent identification card (ID card) prior to teaching or participating in the licensee's cannabis curriculum that involves instruction offered in the enclosed, locked facility or facilities. [410 ILCS 705/25-20(a)]
b) Prior to receiving an agent-in-charge or agent ID card, the faculty member must successfully pass a background check pursuant to Section 1300.265.
c) Each faculty member must apply to the Department for a Community College Cannabis Vocational Pilot Program (CC Program) agent-in-charge or agent ID card for each licensed Cannabis Vocational Pilot Program licensee by which he or she is employed.
d) The CC Program agent-in-charge or agent application shall be submitted electronically, and on forms provided by the Department, in accordance with the Act and this Part. The electronic application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application shall be returned to the applicant.
e) Application Process Along with the application, the applicant shall submit:
1) A copy of the applicant's social security card;
2) A copy of the applicant's valid driver's license or State issued ID card;
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3) A document verifying the applicant's place of residency, such as a bank statement, cancelled check, insurance policy, etc. The document must contain the applicant's full residence address;
4) Verification from ISP that the applicant's background check has been conducted;
5) A copy of the applicant's faculty ID card;
6) Any additional information requested by the Department; and
7) The required fee of $50. f) Upon receipt and verification of the information specified in subsection (e), the Department will:
1) Approve or deny the application within 30 days after receipt;
2) Issue each CC Program agent-in-charge or agent ID card, within 15 business days after approval, that shall expire one year after the date of issuance; and
3) Enter in its record system the registry identification number of the program for which the agent works. g) No faculty member shall participate in a licensee's cannabis curriculum that involves instruction offered in the enclosed, locked facility prior to receiving his or her CC Program agent-in-charge or agent ID card. h) The CC Program ID card shall contain:
1) The name of the cardholder;
2) The date of issuance and expiration date of the ID card;
3) A random 10-digit alphanumeric identification number containing at least 4 numbers and 4 letters that is unique to the holder;
4) A photograph of the cardholder; and
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5) The name of the CC Program employing the agent. [410 ILCS 705/25- 35(c)] i) A CC Program agent-in-charge or agent must keep his or her ID card visible at all times when on the property of an enclosed, locked facility of the licensee. j) Upon termination of employment, the CC Program ID cards shall be immediately returned to the licensee. The licensee shall promptly return the ID cards to the Department. k) Any CC Program agent-in-charge or agent ID card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction or theft. The fee for the issuance of a replacement ID card shall be $25. l) Renewal
1) CC Program agent-in-charge and agent ID cards shall be renewed annually. The renewal fee shall be $50. The Department will send electronic notice 90 days prior to expiration;
2) If a CC Program agent-in-charge or agent fails to renew his or her ID card before its expiration, he or she shall cease to work as an agent of the CC Program in the enclosed, locked facility, until the ID card is renewed;
3) A CC Program agent-in-charge or agent who fails to renew his or her ID card, and continues to act as an agent for the CC Program in the enclosed, locked facility, shall be subject to the penalties outlined in Section 1300.280 and Subpart G (Enforcement and Immunities);
4) Upon request for renewal, the Department will consider the applicant's history of compliance with the Act and this Part, the number and severity of any violations and the correction of those violations, and penalties or fines imposed or any other enforcement actions;
5) The Department may deny a renewal after consideration of the applicant's history of compliance;
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6) The Department will not renew a CC Program agent-in-charge or agent ID card if the holder is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois. [410 ILCS 705/15-95(i)(12)]
Section 1300.265 Background Check
a) All faculty receiving an agent or agent-in-charge or agent ID card must successfully pass a background check required by Section 5-20 of the Act prior to participating in a licensee's cannabis curriculum that involves instruction offered in the enclosed, locked facility. [410 ILCS 705/25-20(b)]
b) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each applicant for a CC Program agent or agent-in-charge ID card.
1) ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.
2) For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background check to the Department and that transmittal shall conclude the verification process.
3) The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).
A) Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.
B) Fingerprint images of the individual being fingerprinted, and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.
C) Electronic transmission of fingerprint data to ISP shall be accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.
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D) If the fingerprints are rejected by ISP, the applicant shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.
E) In the event of equipment malfunction or other special circumstance that make electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records. c) Each CC Program agent-in-charge or agent applying for a CC Program agent-in- charge or agent ID card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for the ID card.
1) The CC Program agent-in-charge or agent shall submit to the Department, with the agent-in-charge or agent ID card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.
2) CC Program agent-in-charge or agent ID card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed. The fingerprinting process is not completed until the Department receives the results from ISP.
3) Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking an ID card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the ISP Services Fund. A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. d) The Department will maintain the results of the criminal history records check in compliance the State Records Act.
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e) Should the Department not be able to obtain from ISP the required State and/or federal criminal records check required by the Act and this Section, the Department will contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.
Section 1300.275 Program Operations
a) Licensees shall not have more than 50 flowering cannabis plants at one time.
b) The agent-in-charge shall keep a vault log of the licensee's enclosed, locked facility or facilities, including, but not limited to, the person entering the site location, the time of entrance, and the time of exit.
c) Cannabis shall not be removed from the licensee's facility, except for the limited purpose of shipping a sample to a laboratory registered under the Act.
d) The licensee shall limit keys, access cards, or an access code to the licensee's enclosed, locked facility or facilities, to cannabis curriculum faculty and college security personnel with a bona fide need to access the facility for emergency purposes.
e) A transporter may transport cannabis produced pursuant to Article 25 of the Act to a laboratory registered under the Act. All other cannabis produced by the licensee that was not shipped to a registered laboratory shall be destroyed within 5 weeks after being harvested, pursuant to Subpart I (Destruction of Cannabis).
f) Licensees shall subscribe to the Department cannabis plant monitoring system.
g) Licensees shall maintain a weekly inventory system.
h) No student participating in the cannabis curriculum necessary to obtain a Certificate may be in the licensee's facility unless a faculty agent-in-charge is also physically present in the facility.
i) Licensees shall conduct post-certificate follow up surveys and record participating students' job placements within the cannabis business industry within a year after the student's completion.
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j) The Board shall report annually to the Department on the race, ethnicity, and gender of all students participating in the cannabis curriculum necessary to obtain a Certificate, and of those students who obtain a Certificate. [410 ILCS 705/25-15]
k) Students shall be at least 18 years old in order to enroll in a licensee's Career in Cannabis Certificate's prescribed course of study. [410 ILCS 705/25-5(d)]
l) A licensee's enclosed, locked facilities are subject to random inspections by the Department and ISP. [410 ILCS 705/25-30(a)]
m) A licensee shall keep records of the number of security incidents or infractions and any action taken or not taken by the licensee, and make those records available to the Department and the Cannabis Regulation Oversight Officer.
n) A licensee shall keep records of the following categories based on race, ethnicity, and gender, when available, and make available to the Department and the Cannabis Regulation Oversight Officer:
1) Number of students enrolled in cannabis curricula per semester;
2) Successful completion rates for students seeking a certificate; and
3) Postgraduate job placement of students who obtained a certificate in:
A) cannabis business establishment jobs; and
B) non-cannabis business establishment jobs.
Section 1300.280 Enforcement
a) The Department has the authority to suspend or revoke any faculty agent-in- charge or agent ID card for any violation of Article 25 of the Act.
b) The Department has the authority to suspend or revoke any Program license for any violation found under this Article.
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c) The Board shall revoke the authority to offer the Certificate of any community college that has had its license revoked by the Department. [410 ILCS 705/25-25]
Section 1300.295 Requests for Information
Upon a request for information from the Cannabis Regulation Oversight Officer, the Board, or the Department, a Licensee must transmit the requested information to the Cannabis Regulation Oversight Officer, the Board, or the Department. Requests from the public shall be processed in accordance with the Illinois Freedom of Information Act.
SUBPART D: CRAFT GROWERS
Section 1300.300 License Application
a) A Craft Grower License shall be obtained for each facility prior to commencement of any production activities. The license shall, along with any other certificate, business license or other authorization required to conduct production activities, be posted in a conspicuous place within the facility.
b) On February 14, 2020, the Department will begin accepting applications for Craft Grower Licenses. The license acceptance period shall close on March 16, 2020. An application will be considered submitted on the date in which it was received, if received on or before 5 p.m. Central Time. If received after 5 p.m. Central Time, the application will be considered received on the next business day.
1) Submissions shall be made electronically.
2) Notification of the availability of applications will be posted on the Department's website at www.agr.state.il.us/.
c) An applicant applying for a Craft Grower License shall electronically submit the following:
1) Nonrefundable application fee of $5,000, unless the applicant is eligible for a fee waiver as a Social Equity Applicant under Section 7-20 of the Act;
2) Legal name of the craft grower;
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3) Proposed physical address of the craft grower;
4) Name, address, social security number, and date of birth of each principal officer and board member of the craft grower, each principal officer and board member shall be at least 21 years of age;
5) The details of any administrative or judicial proceeding in which any of the principal officers or board members of the craft grower:
A) Pled guilty, were convicted, fined, or had a registration or license suspended or revoked; or
B) Managed or served on the board of a business or non-profit organization that pled guilty, was convicted, fined, or had a registration or license suspended or revoked;
6) Proposed operating bylaws that include procedures for the oversight of the craft grower, including the development and implementation of a plant monitoring system, accurate recordkeeping, staffing plan, and security plan;
7) Verification from ISP that all background checks of the prospective principal officers, board members, and agents of the cannabis business establishment have been conducted. If ISP has not completed the background check, then the applicant shall provide written verification that the request has been submitted to ISP;
8) A copy of the current local zoning ordinance or permit and verification that the proposed craft grower is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;
9) Proposed employment practices, in which the applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;
10) A statement that the applicant can demonstrate experience in or business practices that promote economic empowerment in Disproportionately Impacted Areas;
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11) Experience with the cultivation of agricultural or horticultural products, operating an agriculturally related business, or operating a horticultural business;
12) A description of the enclosed, locked facility where cannabis will be grown, harvested, manufactured, packaged, or otherwise prepared for distribution to a dispensing organization or other cannabis business establishment;
13) A survey of the enclosed, locked facility, including the space used for cultivation;
14) Cultivation, processing, inventory, and packaging plans;
15) A description of the applicant's experience with agricultural cultivation techniques and industry standards;
16) A list of any academic degrees, certifications, or relevant experience of all prospective principal officers, board members, and agents of the related agricultural or horticultural business;
17) The identity of every person having a financial or voting interest of 5% or greater in the craft grower operation, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person;
18) A plan describing how the craft grower will address each of the following:
A) Energy needs, including estimates of monthly electricity and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;
B) Water needs, including estimated water draw and if it has or will adopt a sustainable water use and water conservation policy; and
C) Waste management, including if it has or will adopt a waste reduction policy.
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19) A recycling plan that addresses each of the following:
A) Purchaser packaging, including cartridges, that shall be accepted by the applicant and recycled;
B) Any recyclable waste generated by the craft grower facility shall be recycled per applicable State and local laws, ordinances, and rules; and
C) Any cannabis waste, liquid waste, or hazardous waste shall be disposed of in accordance with 8 Ill. Adm. Code 1000.460, except, to the greatest extent feasible, all cannabis plant waste will be rendered unusable by grinding and incorporating the cannabis plant waste with compostable mixed waste to be disposed of in accordance with 8 Ill. Adm. Code 1000.460(g)(1).
20) A commitment to comply with local waste provisions. A craft grower facility must remain in compliance with applicable State and federal environmental requirements, including, but not limited to:
A) Storing, securing, and managing all recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis-infused products, in accordance with applicable State and local laws, ordinances, and rules; and
B) Disposing liquid waste containing cannabis or byproducts of cannabis processing in compliance with all applicable State and federal requirements, including, but not limited to permits under Title X of the Environmental Protection Act.
21) A commitment to a technology standard for resource efficiency of the craft grower facility:
A) Lighting. The Lighting Power Densities (LPD) for cultivation space commits to not exceed an average of 36 watts per gross square foot of active and growing space canopy, or all installed lighting technology shall meet a photosynthetic photon efficacy (PPE) of no less than 2.2 micromoles per joule fixture and shall be
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featured on the Design Lights Consortium (DLC) Horticultural Specification Qualified Products List (QPL). In the event that DLC requirement for minimum efficacy exceeds 2.2 micromoles per joule fixture, that PPE shall become the new standard;
B) HVAC
i) For cannabis grow operations with less than 6,000 square feet of canopy, the licensee commits that all HVAC units will be high-efficiency ductless split HVAC units, or other more energy efficient equipment;
ii) For cannabis grow operations with 6,000 square feet of canopy or more, the licensee commits that all HVAC units will be variable refrigerant flow HVAC units, or other more energy efficient equipment;
C) Water application
i) The craft grower facility commits to use automated watering systems, including, but not limited to, drip irrigation and flood tables, to irrigate cannabis crop;
ii) The craft grower facility commits to measure runoff from watering events and report this volume in its water usage plan, and that on average, watering events shall have no more than 20% of runoff of water;
D) Filtration. The craft grower commits that HVAC condensate, dehumidification water, excess runoff, and other wastewater produced by the craft grower facility shall be captured and filtered to the best of the facility's ability to achieve the quality needed to be reused in subsequent watering rounds;
E) Reporting energy use and efficiency; [410 ILCS 705/30-10]
22) If a sole proprietorship, the name, residence and date of birth of the owner;
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23) If a partnership, the names and addresses of all partners, both general and limited and any partnership or joint venture documents;
A) For a domestic limited partnership, a copy of the Certificate of Limited Partnership, and a Certificate of Good Standing from SOS dated within the last 60 days;
B) For a foreign limited partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;
24) If a limited liability partnership, the names and addresses of all partners, and any partnership or joint venture documents;
A) For a domestic limited liability partnership, a copy of the Certificate of Limited Liability Partnership, and a Certificate of Good Standing from SOS dated within the last 60 days;
B) For a foreign limited liability partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;
25) If a corporation based in Illinois, a copy of the Articles of Incorporation, and a copy of the Certificate of Good Standing issued by SOS or obtained from the SOS website within the last 60 days. If the corporation is a foreign corporation, a copy of the Articles of Incorporation, a copy of the Certificate of Good Standing from the state or country in which the corporation is domiciled, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days. If using an assumed name (d/b/a), a copy of the assumed name registration issued by SOS. Additionally, applicants shall include the names and addresses of all stockholders and directors of the corporation;
26) If a limited liability company:
A) For a domestic limited liability company, a copy of the Articles of Organization, a copy of the Certificate of Good Standing issued by
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SOS or obtained from the SOS website within the last 60 days, and a listing of the members of the limited liability company and his, her, or its contact information;
B) For a foreign limited liability company, a copy of the Articles of Organization and a Certificate of Good Standing from the state of organization, a copy of the Application for Admission to Transact Business in Illinois, along with a Certificate of Good Standing issued by SOS, all dated within the last 60 days;
27) If another type of business entity, the same or similar information, as applicable, to that listed in subsections (c)(25) and (26);
28) Property Ownership Records
A) If the property is not owned but is currently leased by the applicant, the applicant shall provide: a copy of the lease; confirmation of land ownership; identification of any mortgagees and/or lienholders; a written statement from the property owner and/or landlord, certifying consent that the applicant may operate a craft grower on the premises at least through the term of the lease; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a craft grower at least through the term of the financing, and consent thereto by any mortgagees and/or perfected lienholders;
B) If the property is not owned or currently leased by the applicant, the applicant shall provide: a written statement from the property owner and/or landlord certifying consent that the applicant will lease or purchase the property for the purpose of operating a craft grower for at least 5 years; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a craft grower at least through the effective dates of all agreements, and consent thereto by any mortgagees and/or perfected lienholders;
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C) If the property is owned by the applicant, the applicant shall provide: confirmation of land ownership; identification of any and all mortgagees and/or perfected lienholders; and, if applicable, verification of notification to any and all mortgagees and/or perfected lienholders that the property is to be used as a craft grower at least through the expiration of financing, and consent thereto by any mortgagees and/or perfected lienholders;
29) Applicant shall submit plans and specifications drawn to scale for the interior of the building. If the building is not in existence at the time of application, the applicant shall submit a plot plan and a detailed drawing to scale of the interior and the architect's drawing of the building to be constructed;
30) Documentation that the individual or entity filing the application has at least $20,000 in liquid assets. Acceptable documentation includes a signed statement from an Illinois licensed CPA attesting to proof of the required amount of liquid assets under the control of an owner or the entity applying. The statement must be dated within 30 calendar days before the date the application was submitted;
31) All relevant financial information as set forth in Section 1300.305;
32) If any principal officers or board members are currently, or have been previously, licensed or authorized in another state or jurisdiction to produce, distribute, or otherwise sell cannabis in any form, the following:
A) A copy of each such licensing or authorizing document verifying licensure in that state or jurisdiction;
B) A statement granting the Department permission to contact the regulatory agency that granted the license to confirm the information contained in the application; and
C) If the entity's license or authorization to conduct business was ever suspended, revoked or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was so licensed and was never sanctioned.
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33) For a Social Equity Applicant:
A) If applicable, the Social Equity Applicant's status as an "Illinois resident", as evidenced by incorporation documents, or, if applying as an individual, at least 2 of the following:
i) a signed lease agreement that includes the applicant's name;
ii) a property deed that includes the applicant's name;
iii) school records;
iv) voter registration card;
v) an Illinois driver's license, ID card, or a Person with a Disability ID card;
vi) a paycheck stub;
vii) a utility bill; or
viii) any other proof of residency or other information necessary to establish residence.
B) A person must have been domiciled in this State for a period of 30 days and shall provide evidence of one of the following:
i) The person or persons owning and controlling at least 51% of the proposed license have lived in a Disproportionately Impacted Area for 5 of the preceding 10 years as demonstrated by, but not limited to, tax filings, voter registrations, leases, mortgages, paycheck stubs, utility bills, insurance forms, or school records that include the qualifying principal officers' names on them;
ii) The person or persons owning and controlling at least 51% of the proposed license have been arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction, or
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adjudication has been sealed or expunged, provide records of that action;
iii) The person or persons owning and controlling at least 51% of the proposed license have had a parent, legal guardian, child, spouse or dependent, or was a dependent of an individual who, prior to June 25, 2019, was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction or adjudication has been sealed or expunged, the applicant shall provide records of that action. The applicant must also provide evidence of the relationship between the applicant's principal officer or officers and the person who was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act; or
iv) The applicant employs 10 or more full-time employees, and that 51% or more of those employees currently reside in a Disproportionately Impacted Area; have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act; or are members of an "impacted family" as that term is defined in the Act. The applicant must provide evidence as described in this subsection (c)(33)(B)(iv) for each employee. The applicant shall also provide evidence the employees were engaging in full time work as of the date the application was submitted. If the employee information, or employment status of employees, changes before licenses are awarded, the applicant has a duty to notify the Department of the change in employee information or status.
34) If the Department offers bonus points for community engagement, and the applicant desires to obtain those points, the applicant must submit its plan for community engagement. d) The applicant shall sign a notarized statement certifying that:
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1) The craft grower will register with DOR if the applicant is granted a license;
2) The application is complete and accurate;
3) The applicant has actual notice that, notwithstanding any State law:
A) Cannabis is a prohibited Schedule I controlled substance under federal law;
B) A license is granted only to the extent provided by the strict requirements of the Act and this Part;
C) Any activity not sanctioned by the Act or this Part may be a violation of State law;
D) Growing, distributing or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;
E) Use of cannabis may affect an individual's ability to receive federal licensure in other areas;
F) Use of cannabis, in tandem with other conduct, may be a violation of federal law;
G) Possessing a license does not authorize any person to violate federal law or State law and, other than as set out in Article 45 of the Act, does not provide any immunity from or affirmative defense to arrest or prosecution under federal law or State law; and
H) Applicants shall indemnify and hold harmless the State of Illinois for any and all civil or criminal penalties resulting from possessing a license; and
4) All of applicant's principal officers expressly agree to be subject to service of process in Illinois with a current Illinois address on file with the Department.
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e) If the Department receives an application with missing information, the Department may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be disqualified. [410 ILCS 705/30- 10(c)]
Section 1300.305 Financial Disclosure
a) When applying for a Craft Grower License, the applicant shall disclose all relevant financial information to the Department. The applicant shall have a continuing duty to disclose promptly any material changes in the financial information provided to the Department. If an applicant is issued a license, this duty of ongoing disclosure shall continue throughout the licensed period. These disclosures shall include:
1) The ownership structure of the craft grower;
2) A current organizational chart that includes position descriptions and the names and resumes of persons holding each position to the extent those positions have been filled. To the extent not revealed by the resume, include additional pages with each resume setting out the employee's particular skills, education, experience or significant accomplishments that are relevant to owning or operating a craft grower;
3) Documents such as the articles of incorporation, articles of association, charter, by-laws, partnership agreement, agreements between any 2 or more members of the applicant that relate in any manner to the assets, property or profit of the applicant, or any other comparable documents that set forth the legal structure of the applicant or relate to the organization, management or control of the applicant;
4) A copy of all compensation agreements with owners, officers and growers; and
5) The nature, type, terms, covenants and priorities of all outstanding bonds, loans, mortgages, trust deeds, pledges, lines of credit, notes, debentures or other forms of indebtedness issued or executed, or to be issued or
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executed, in connection with opening or operating the proposed craft grower;
b) The applicant shall disclose all sources of funding used to acquire or develop the business for which the license is sought, and shall provide independent documentation concerning the source of the funds and copies of closing documents in connection with the purchase of a registered business.
c) The applicant shall disclose whether any principal officer and/or board member has ever:
1) Filed for bankruptcy;
2) Defaulted on alimony or child support payment; or
3) Been disciplined or sanctioned by a State or federal agency.
d) The applicant shall disclose whether there are currently or have ever been any State or federal tax liens against the property of the applicant, as well as the property of any principal officer and/or board member.
Section 1300.307 License Selection Criteria
a) The license selection criteria for the Craft Grower License shall include the following, with each criterion accounting for up to the indicated maximum number of the total points available for each criteria, out of 1,000 total points (bonus points are an additional 2 points):
1) Suitability of the Proposed Facility (75 points):
A) Measure 1 (25 points): The applicant demonstrates that the proposed facility is suitable for effective and safe cultivation of cannabis, sufficient in size, power allocation, air exchange and air flow, interior layout, lighting, and sufficient both in the interior and exterior to handle the bulk agricultural production of cannabis, cannabis-infused products, product handling, storage, trimming, packaging, loading and shipping. The loading/unloading of cannabis in the transport motor vehicle for shipping shall be in an enclosed, secure area out of public sight;
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B) Measure 2 (25 points): The applicant demonstrates the ability to meet consumer demand by operating the cultivation facility in a safe and efficient manner with minimal impact on the environment and the surrounding community;
C) Measure 3 (25 points): The applicant provides an Operations and Management Practices Plan that demonstrates compliance with this Part and the Act.
2) Suitability of Employee Training Plan (50 points):
A) Measure 1 (25 points): The applicant fully describes a staffing plan that will provide and ensure adequate staffing and experience for all accessible business hours, safe production, sanitation, adequate security and theft prevention; and
B) Measure 2 (25 points): The applicant provides an employee handbook that will provide employees with a working guide to the understanding of the day-to-day administration of personnel policies and practices.
3) Security Plan and Recordkeeping (145 points):
A) Measure 1 (40 points): The applicant's security plan demonstrates its ability to prevent the theft or diversion of cannabis and how the plan will assist ISP, the Department, and local law enforcement. Specifically, it shall evidence compliance with all items in Sections 1300.355, 1300.380, and 1300.385;
B) Measure 2 (40 points): The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, quality control and security and other policies and procedures will discourage unlawful activity. It also describes the applicant's plan to coordinate with and dispose of unused or surplus cannabis through ISP and the Department;
C) Measure 3 (40 points): The applicant's security plan shall describe the enclosed, locked facility that will be used to secure or store
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cannabis, its security measures, including when the location is closed for business, and the steps taken to ensure that cannabis is not visible to the public;
D) Measure 4 (25 points): The applicant's plan to apply for a Transporter License or plan to work with a licensed transporter and the applicant's procedures for safely and securely delivering cannabis and cannabis-infused products to cannabis business establishments.
4) Cultivation Plan (75 points):
A) Measure 1 (25 points): The applicant shall describe its plan to provide a steady, uninterrupted supply of cannabis to registered dispensaries;
B) Measure 2 (25 points): The applicant demonstrates knowledge of cultivation methods to be used in the cultivation of cannabis. The applicant shall describe the various strains to be cultivated and its experience, if applicable, with growing those strains or comparable agricultural products;
C) Measure 3 (25 points): The applicant demonstrates the steps that will be taken to ensure the quality, including the purity and consistency, of the cannabis to be provided to dispensaries.
5) Product Safety and Labeling Plan (95 points):
A) Measure 1 (35 points): The applicant shall describe its plan for providing safe and accurate packaging and labeling of cannabis;
B) Measure 2 (35 points): The applicant shall describe its plan for testing cannabis and ensuring that all cannabis is free of contaminants, including but not limited to pesticides, microbiological, and residual solvent.
C) Measure 3 (25 points): The applicant shall describe its plan for establishing a recall of the applicant's products in the event that they are shown by testing or other means to be, or potentially to be,
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defective or have a reasonable probability that their use or exposure to will cause serious adverse health consequences. At a minimum, the plan should include the method of: identification of the products involved; notification to the dispensary organization or others to whom the product was sold or otherwise distributed; and how the products will be disposed of if returned to or retrieved by the applicant.
6) Applicant's Business Plan and Services to be Offered (110 points):
A) Measure 1 (40 points): The applicant shall provide a business plan that describes how the craft grower plans to operate on a long-term basis. This shall include the applicant providing a detailed description about the amount and source of the equity and debt commitment for the proposed craft grower that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs, and the financial capability to undertake the project;
B) Measure 2 (40 points): The applicant or its officers, board members, or incorporators demonstrates experience in business management and/or having industry, agricultural or horticultural experience and the extent of their involvement in or ability to influence the day-to-day operations of the facility;
C) Measure 3 (30 points): The business plan demonstrates a start-up timetable that provides an estimated time from receiving the cultivation license to full operation, and the assumptions used for the basis of those estimates.
7) Applicant's Status as a Social Equity Applicant (200 points);
8) Applicant's Labor and Employment Practices (20 points): Provide a safe, healthy and economically beneficial working environment for its employees, including, but not limited to, its plans regarding workplace safety and environmental standards, codes of conduct, healthcare benefits, educational benefits, retirement benefits, and living wage standards, and entering a labor peace agreement with employees;
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9) Applicant's Environmental Plan (20 points);
A) Measure 1 (10 points): The applicant's ability to demonstrate an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the production of cannabis;
B) Measure 2 (10 points): The applicant's ability to describe any plans for the use of alternative energy, the treatment of waste water and runoff, and scrubbing or treatment of exchanged air.
10) The applicant is 51% or more owned and controlled by an individual or individuals who have been an Illinois resident for the past 5 years as proved by tax records and other documentary evidence as permitted by the Act (90 points); [410 ILCS 705/30-15(a)(10)]
11) The applicant is 51% or more controlled and owned by an individual or individuals who meet the qualifications of a veteran as defined in Section 45-57 of the Illinois Procurement Code (20 points); [410 ILCS 705/30- 15(a)(11)]
12) Applicant's Diversity Plan (100 points): A narrative of not more than 2500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity; b) The Department may award up to 2 bonus points when an applicant makes a commitment to engage with the community. Applicants are not required to complete the bonus category. Bonus points will only be awarded if the Department receives applications that receive an equal score. An applicant that desires to make a commitment to engage with the community may choose one of the following options:
1) Community Benefits Plan: Applicant commits to establishing an incubator program designed to increase participation in the cannabis industry by persons who would qualify as Social Equity Applicants; [410 ILCS 705/30-15(b)(i)]
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2) Substance Abuse Prevention Plan: Applicant commits to providing financial assistance to substance abuse treatment centers; [410 ILCS 705/30-15(b)(ii)]
3) Local Community/Neighborhood Report: Applicant commits to educating children and teens about the potential harms of cannabis use. c) Should the applicant be awarded a license, the information and plan that an applicant provided in its application becomes a mandatory condition of the license. If a licensee fails to comply with standard and special conditions of the license, the Department may assess a penalty or seek suspension or revocation of the license pursuant to Subpart G (Enforcement and Immunities); d) In the event that 2 or more qualified applicants for a Craft Grower License receive the same total score, the Department will distribute the remaining available licenses by lot.
1) The drawing by lot for all remaining available licenses will occur on the same day.
2) The process for distributing remaining available licenses will be recorded by the Department in a format of its discretion. e) The Department may verify information contained in each application and accompanying documentation to assess the applicant's character and fitness to operate a craft grower. Notwithstanding an applicant satisfying the foregoing selection criteria, the Department may, in its discretion, refuse to issue a license if it is not satisfied that an applicant, or any one required to be identified in the application by Sections 1300.300, 1300.305 and 1300.345, is a person of good character, honesty and integrity, and is not:
1) A person who creates or enhances the dangers of unlawful practices, methods and activities in the cannabis industry, including, but limited to, product diversion;
2) A person who has demonstrated prior questionable business practices and financial arrangements incidental to the cannabis industry;
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3) A person who has had a cannabis dispensary or cultivation center license revoked, suspended or sanctioned in any jurisdiction.
Section 1300.310 License Denial and Prohibitions
a) An application for a Craft Grower License must be denied if any of the following conditions are met:
1) The applicant failed to submit the materials required by this Part;
2) The applicant would not be in compliance with local zoning rules;
3) One or more of the prospective principal officers or board members or board members causes a violation of Section 30-20 of the Act;
4) One or more of the principal officers or board members is under 21 years of age;
5) The person has submitted an application for a license under the Act and/or this Part which contains false information;
6) The licensee; principal officer, board member, or person having a financial or voting interest of 5% or greater in the licensee; or agent is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois; [410 ILCS 705/30-25]
7) A craft grower may not be located in an area zoned for residential use; [410 ILCS 705/30-30(e)]
8) A craft grower shall not be located within 1,500 feet of another craft grower or cultivation center. [410 ILCS 705/30-30(o)]
b) The Department may deny an application or revoke a license for violations of the Act and/or this Part.
c) Nothing in this Part is intended to confer a property or other right, duty, privilege or interest entitling an applicant to an administrative hearing upon denial of an application.
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NOTICE OF PROPOSED RULES d) No Craft Grower License issued by the Department will be issued to a person who is licensed by any licensing authority as a cultivation center, or to any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or any other form of business enterprise having more than 10% legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this State as a cultivation center, or to any principal officer, agent, employee, or human being with any form of ownership or control over a cultivation center except for a person who owns no more than 5% of the outstanding shares of a cultivation center who shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. [410 ILCS 705/30-20(a)] e) A license shall be surrendered to the Department upon written notice and demand if the craft grower fails to begin production within 6 months after the license has been issued. The craft grower may submit a written request to the Department for an extension of time setting forth its justification for being unable to begin production within 6 months after the license was issued. The Department may grant an extension, at its discretion, for good cause shown. Good cause may include unforeseen events, acts of nature and other events that prevent a good faith effort. Good cause shall not include cost overruns, insufficient financing and other factors evidencing a lack of good faith effort. f) A craft grower that fails to maintain production for any reason for more than 90 consecutive days after it has begun production shall be notified in writing and given 30 days from the date of notification from the Department to submit a written explanation why it so failed and, if it plans on continuing to operate as a craft grower, a description of how it will correct the problem and prevent it from occurring again.
1) If no response is received from the craft grower or if a response is received after the 30 day period, the permit shall be revoked and surrendered to the Department.
2) If a response is received within the 30-day period, the Department will review the response and either approve it and require the craft grower to come into compliance or reject it and revoke the license requiring the craft grower to surrender its license to the Department. If the Department allows the craft grower to come into compliance, the Department may, after a hearing, levy a fine for failure to provide an uninterrupted supply.
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Section 1300.315 License Award, Issuance and Transferability
a) The top-scoring applicants, as determined by Section 1300.307, that receive at least 75% of available points will be issued Craft Grower Licenses by the Department.
b) A Craft Grower License shall be issued for the specific location identified on the application, and is valid only for the named owner and the location for which it is issued.
c) Should the applicant be awarded a Craft Grower License, the applicant shall pay a prorated fee of $40,000 prior to receiving the license. [410 ILCS 705/30-15(d)]
d) Transfer of License A Craft Grower License shall not be transferable in whole or in part, without Department approval, with the following exceptions:
1) A Craft Grower License may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased licensee if the license was issued in the names of both of the parties; and
2) A Craft Grower License may be transferred, without charge, to an heir of a deceased licensee, as determined by the Probate Act of 1975. For the purpose of considering the qualifications of the heir to receive a Craft Grower License, the Department will require a criminal background check and the heir will be subject to all other requirements of the Act and this Part.
e) Change of Location In the event that the Department approves a new location as meeting all requirements of the Act and this Part, the craft grower shall have a brief transition period of no more than 90 days, approved by the Department, to transfer its inventory and begin operations at the new location.
1) The transition period shall not begin until the new location is ready to begin production.
2) A craft grower may not be located in an area zoned for residential use. [410 ILCS 705/30-30(e)]
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3) A craft grower shall not be located within 1,500 feet of another craft grower or a cultivation center. [410 ILCS 705/30-30(o)]
4) No product may be transferred to or cultivated at the new location prior to the beginning date of this approved transition period.
5) Any product remaining at the original location past the transition period shall be destroyed in accordance with the provisions of Subpart I (Destruction of Cannabis).
6) The craft grower shall notify the Department in writing or by electronic transmission once the transfer of inventory is complete and production has begun at the new location.
7) Upon inspection and verification by the Department that the new location is in compliance with the Act and this Part, the Department will issue a license modification reflecting the new location. The modified license shall have the same expiration date as the previously issued license. f) Sale of Stock The proposed sale of any outstanding or issued stock of a corporation licensed under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department, and Department approval must be obtained before the changes are made. A fee of $1,000 will be charged for the processing of the change of stock ownership or corporate officers or board members. g) The proposed change of any person or principal officer of any licensee must be reported to the Department and Department approval must be obtained before the changes are made. A fee of $1,000 will be charged for the processing of any such change. h) A Craft Grower License shall not be leased or subcontracted, in whole or in part. i) A Craft Grower License is issued upon the following condition: A craft grower may not either directly or indirectly discriminate in price between different dispensing organizations, craft growers, or infusers that are purchasing a like grade, strain, brand, and quality of cannabis or cannabis-infused product.
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Nothing in this subsection (i) prevents a cultivation centers from pricing cannabis differently based on differences in the cost of manufacturing or processing, the quantities sold, such as volume discounts, or the way the products are delivered. [410 ILCS 705/30-30(f)] j) A Craft Grower License is issued upon the following condition: It is unlawful for any person having a Craft Grower License or any officer, associate, member, representative, or agent of such licensee to offer or deliver money, or anything else of value, directly or indirectly to any person having an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any person connected with or in any way representing, or to any member of the family of, such person holding an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any stockholders in any corporation engaged in the retail sale of cannabis, or to any officer, manager, agent, or representative of the Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act to obtain preferential placement within the dispensing organization, including, without limitation, on shelves and in display cases where purchasers can view products, or on the dispensing organization's website. [410 ILCS 705/30-30(n)] k) A Craft Grower License is issued upon the following condition: No person or entity shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, of more than 3 Craft Grower Licenses. Further, no person or entity that is employed by, an agent of, or has a contract to receive payment from or participate in the management of a craft grower, is a principal officer of a craft grower, or entity controlled by or affiliated with a principal officer of a craft grower shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, in a Craft Grower License that would result in the person or entity owning or controlling in combination with any craft grower, principal officer of a craft grower, or entity controlled or affiliated with a principal officer of a craft
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grower by which he, she, or it is employed, is an agent of, or participates in the management of more than 3 Craft Grower Licenses. [410 ILCS 705/30-30(m)]
Section 1300.320 License Renewal
a) Every Craft Grower License issued by the Department under the Act and this Part shall expire annually on the date it was issued.
b) Every renewal application for a license issued pursuant to this Part and accompanied by the proper fees shall be filed annually with the Department at least 45 calendar days prior to the date the existing license expires.
c) The Department will send written notification of expiration to each licensed craft grower at least 90 days prior to expiration. However, failure to receive a renewal form from the Department will not excuse the craft grower from paying the renewal fee or renewing the license prior to its expiration.
d) The Department will grant a renewal application within 45 days after submission of a renewal application if:
1) The registered craft grower submits a renewal application and the required renewal fee of $40,000;
2) The Department has not suspended the license of the craft grower or suspended or revoked the registration for violation of the Act or this Part;
3) The craft grower has continued to operate in accordance with all plans submitted as part of its application and approved by the Department or any amendments that have been approved by the Department;
4) The craft grower has submitted an agent, employee, contracting, and subcontracting diversity report as required by the Department; and
5) The craft grower has submitted an environmental impact report as required by the Act.
e) If a craft grower fails to renew its license before expiration, it shall cease operations until its license is renewed. [410 ILCS 705/30-45]
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f) Upon request for renewal, the Department will consider the licensee's history of compliance with requirements of the Act and this Part, the number and severity of any violations and the correction of those violations, as well as penalties or fines imposed, or any other enforcement actions.
g) The Department may deny a renewal after consideration of the licensee's history of compliance.
Section 1300.330 Modifications and Alterations
a) A license shall be amended before the commencement of any modification to the facility. This includes any change that modifies the approved license design capability of production or process areas, including change of capacity, efficiency, or processes.
b) Before making any modification to a licensed facility, the craft grower must complete an Application for License and Construction Approval and submit the application with the appropriate schedules to the Department. The fee for an application to make modifications to a craft grower shall be $2,500. In addition, upon the approval of the application, the applicant shall pay an additional fee of $1,500.
c) An amendment to the license shall not be required for alterations at the facility. The fee for an application to make an alteration of a craft grower, other than an expansion, shall be $500.
Section 1300.345 Background Check
a) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each craft grower agent applying for a craft grower agent identification card.
1) ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.
2) For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background
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check to the Department and that transmittal shall conclude the verification process.
3) The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).
A) Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.
B) Fingerprint images of the individual being fingerprinted, and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.
C) Electronic transmission of fingerprint data to ISP shall be accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.
D) If the fingerprints are rejected by ISP, the craft grower agent shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.
E) In the event of equipment malfunction or other special circumstance that make electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records. b) Each craft grower agent applying for a craft grower agent identification card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for a craft grower agent identification card.
1) The craft grower agent shall submit to the Department, with the cultivation agent identification card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.
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2) Craft grower identification card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed. The fingerprinting process is not completed until the Department receives the results from ISP.
3) Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking a craft grower agent identification card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the ISP Services Fund. A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
c) The Department will obtain from ISP a State and federal criminal records check, to the extent allowed by law, containing conviction information for each craft grower agent applying for a craft grower agent ID card.
d) The Department will maintain the results of the criminal history records check in compliance with the State Records Act.
e) Should the Department not be able to obtain from ISP the required State and/or federal criminal records check required by the Act and this Section, the Department will contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.
Section 1300.350 Specifications
a) Craft growers shall:
1) Not be located within 1,500 feet of another craft grower or a cultivation center [410 ILCS 705/30-30(m)];
2) Not be in violation of any other local zoning requirements.
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b) After a license is approved, craft growers shall provide engineering plans and specifications for the entire facility. The plans and specifications shall include:
1) A detailed plan and elevation drawings of all operational areas involved with the production of cannabis plants. This includes dimensions and elevation referenced to a single facility benchmark;
2) Cross-sections that show the construction details and their dimensions to provide verification of construction materials, enhancement for security measures, and bio-security measures;
3) Identification of all employee areas that are non-production areas;
4) The location of all storage areas, ventilation systems, and equipment used for the production of cannabis;
5) The location of all entrances and exits to the craft grower;
6) The location of any windows, skylights and roof hatches;
7) The location of all cameras and their field of view;
8) The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;
9) The location of the digital video recorder and alarm control panel;
10) The location of all restricted and public areas;
11) The location where all plant inputs and application equipment are stored;
12) If applicable, the location of areas designated specifically for the production of cannabis-infused products; and
13) The location of the enclosed, secure area or loading/unloading dock out of public sight for the loading/unloading of cannabis into the transport motor vehicle.
Section 1300.355 Records
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a) Each craft grower shall keep and maintain upon the licensed premises, for a 5- year period, true, complete, legible, and current books and records, including the following:
1) The date of each sale or distribution to a cannabis organization;
2) The name, address and registration number of the cannabis organization;
3) The item number, product name (description), and quantity of cannabis and cannabis-infused products registered by the Department and sold or otherwise distributed to the cannabis organization;
4) The price charged and the amount received for the cannabis and cannabis- infused products from the cannabis organization;
5) If the distribution was for a purpose other than sale, the reason for the distribution;
6) The quantity and form of cannabis maintained at the craft grower on a daily basis; and
7) The amount of plants being grown at the craft grower on a daily basis. b) Each craft grower is responsible for keeping and maintaining records that clearly reflect all financial transactions and the financial condition of the business. Records that must be kept and maintained on the licensed premises for a 5-year period, and that must be made available for inspection if requested by the Department, and, when applicable, by DOR, include:
1) Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;
2) If applicable, bank statements and canceled checks for all accounts relating to the craft grower;
3) Accounting and tax records related to the craft grower;
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4) Records of all financial transactions related to the craft grower, including contracts and/or agreements for services performed or received that relate to the craft grower;
5) All employee records, including training, education, discipline, etc.;
6) Soil amendment, fertilizers, pesticides as required by Section 1000.470, or other crop production aids applied to the growing medium or plants or used in the process of growing cannabis;
7) Production records, including:
A) Planting, harvest and curing, weighing, destruction of cannabis, creating batches of cannabis-infused products, and packaging and labeling; and
B) Disposal of cannabis, cannabis-infused products and waste materials associated with production.
8) Records of each batch of extracts or cannabis-infused products made, including, at a minimum, the usable cannabis or trim, leaves, and other plant matter used (including the total weight of the base product used), any solvents or other compounds utilized, and the product type and the total weight of the end product produced (e.g., hash oil, shatter, tincture, infused dairy butter);
9) Transportation records;
10) Inventory records as described in Section 1300.380;
11) Records of all samples sent to an independent testing lab and/or the Department's lab and the quality assurance test results;
12) All samples provided to anyone or any entity for any purpose; and
13) Records of any theft, loss or other unaccountability of any cannabis seedlings, clones, plants, trim or other plant material, extracts, cannabis- infused products, or other items containing cannabis.
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Section 1300.360 Signage
a) Each licensed craft grower must post a sign in a conspicuous location at each entrance of the facility that reads: "PERSONS UNDER 21 YEARS OF AGE NOT PERMITTED ON THESE PREMISES".
b) Each licensed craft grower must post a sign in a conspicuous location at each entrance of the facility that reads: "THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE".
Section 1300.365 Agents and Identification Cards
a) The craft grower agent application shall be submitted on forms provided by the Department in accordance with the Act and this Part. The application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application will be returned to the applicant.
b) Each principal officer, board member, employee or agent of a registered craft grower must apply to the Department for a craft grower agent identification card. Along with the application, the applicant shall submit:
1) A copy of the applicant's social security card;
2) A copy of the applicant's valid driver's license or State issued ID card;
3) A document verifying the applicant's place of residency (e.g., bank statement, cancelled check, insurance policy). The document must contain the applicant's full residence address;
4) Verification from ISP that the applicant's background check has been conducted;
5) The application fee of $100; and
6) Any additional information requested by the Department.
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c) Upon receipt and verification of the information specified in subsection (b), the Department will:
1) Approve or deny the application within 30 days after receipt;
2) Issue each craft grower agent an ID card, within 15 business days after approval, that shall expire one year after the date of issuance; and
3) Enter in its record system the registry identification number of the craft grower where the agent works. d) No person shall begin working at a craft grower prior to receiving his or her craft grower agent ID card. e) The craft grower ID card shall contain the following:
1) The name of the cardholder;
2) The date of issuance and expiration;
3) A random 10-digit alphanumeric identification number with at least 4 numbers and 4 letters that are unique to the holder;
4) A photograph of the cardholder; and
5) The legal name of the craft grower employing the agent. f) Renewal
1) The craft grower agent ID cards shall be renewed annually. The renewal fee shall be $100. The Department will send electronic notice 90 days prior to expiration;
2) If a craft grower agent fails to renew the ID card before its expiration, he or she shall cease to work as an agent of the craft grower until the ID card is renewed;
3) Upon request for renewal, the Department will consider:
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A) The applicant's history of compliance with the Act and this Part;
B) The number and severity of any violations and the correction of those violations;
C) Penalties or fines imposed; and
D) Other enforcement actions;
4) The Department may deny a renewal after consideration of the applicant's history of compliance;
5) The Department will not renew a craft grower agent ID card if the holder is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.
g) A registered craft grower agent is not subject to prosecution, search, or penalty in any manner, and will not be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business licensing board or entity, for working or volunteering for a registered cannabis craft grower to perform the actions permitted by this Part.
h) An agent must keep his or her ID card visible at all times when on the property of a cannabis business establishment, including the craft grower organization for which he or she is an agent.
i) An agent ID card shall be immediately returned to the cannabis business establishment of the agent upon termination of his or her employment. The craft grower shall promptly return the ID cards to the Department.
j) Any craft grower agent ID card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction, or theft. The fee for issuance of a replacement ID card is $50.
Section 1300.370 Operations – Plant Production
a) Each facility shall develop and maintain an Operations and Management Practices Plan for each production area.
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b) Each production area shall maintain an open aisle on all sides of each plant group to allow for unobstructed travel, observation and inventory of each plant group. c) Each production area shall be maintained free of debris. d) Biosecurity measures shall be implemented and maintained at all times. e) A record of all crop inputs shall be maintained for at least 5 years at the facility. The record shall include:
1) The date of application;
2) The name of the individual making the application;
3) The product that was applied;
4) The section, including the square footage, that received the application (by group number);
5) The amount of product that was applied; and
6) A copy of the label of the product applied. f) At the time of planting, all plants shall be accounted for as a batch with a unique batch number that shall remain with the batch through final packaging. The batch number will be included on the label of the package distributed for the end user. g) All plants, regardless of accounting strategy, shall be physically inventoried on a weekly basis and records of the inventory shall be kept at the facility for at least 5 years. Those records shall be made available to the Department upon request. h) Any removal of plants from the batch shall be recorded on a permanent record and maintained on site. i) The batch number shall be displayed on the approved label of the product designated for distribution to a dispensing organization.
ILLINOIS REGISTER 3707 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES j) All persons working in direct contact with cannabis shall conform to hygienic practices while on duty, including but not limited to:
1) Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis plants are exposed;
2) Floors, walls and ceilings shall be constructed in a manner that they may be kept adequately clean and in good repair;
3) There shall be adequate lighting in all areas where cannabis is stored and where equipment or utensils are cleaned;
4) There shall be adequate screening or other protection against the entry of pests. Rubbish shall be disposed of to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests;
5) Any buildings, fixtures and other facilities shall be maintained in a sanitary condition;
6) Toxic cleaning compounds, sanitizing agents, solvents used in the production of cannabis concentrates, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of cannabis and is in accordance with any applicable local, State or federal law, rule, regulation or ordinance;
7) Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act shall be used in cultivation centers, and they shall be used in accordance with labeled instructions;
8) The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs;
9) Plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations
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throughout the cultivation center, and it shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross- connections between the potable and waste water lines, pursuant to the Illinois Plumbing Code;
10) All operations in the receiving, inspecting, transporting, segregating, preparing, production, packaging and storing of cannabis or cannabis- infused product shall be conducted in accordance with adequate sanitation principles; and
11) Cannabis that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms.
Section 1300.375 Operations – Infused or Processed Products
a) Any area within the craft grower where cannabis will be manufactured into an edible form shall comply with the Illinois Food, Drug and Cosmetic Act, Sanitary Food Preparation Act, and Food Handling Regulation Enforcement Act. No cannabis-infused products requiring refrigeration or hot-holding or considered potentially hazardous food meeting the definition of Section 4 of the Food Handling Regulation Enforcement Act shall be manufactured at a craft grower for sale or distribution at a dispensing organization.
b) DPH may at all times enter every building, room, basement, enclosure, or premises occupied or used or suspected of being occupied or used for the production, preparation, manufacture for sale, storage, sale, distribution, or transportation of cannabis-infused products to inspect the premises and all utensils, fixtures, furniture, and machinery used for the preparation of these products.
c) If a local health department has a reasonable belief that a craft grower's cannabis- infused product poses a public health hazard, it may refer the craft grower to DPH for inspection.
d) General Sanitary Requirements. All areas permitted in the craft grower for the production of cannabis-infused products shall take all reasonable measures and precautions to ensure that:
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1) Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion (e.g., boils, sores, infected wounds), or any other abnormal source of microbial contamination for which there is a reasonable possibility of contact with cannabis shall be excluded from any operations that may be expected to result in microbial contamination until the condition is corrected;
2) Hand-washing facilities are adequate and convenient and are furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the licensed premises where good sanitary practices require employees to wash and/or sanitize their hands, and provide effective hand- cleaning and sanitizing preparations and sanitary towel service or suitable drying devices;
3) All persons working in direct contact with cannabis shall conform to hygienic practices while on duty, including but not limited to:
A) Maintaining adequate personal cleanliness;
B) Washing hands thoroughly in adequate hand-washing areas before starting work and at any other time when the hands may have become soiled or contaminated;
C) Refraining from having direct contact with cannabis if the person has or may have an illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of microbial contamination, until the condition is corrected.
4) Litter and waste are properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis is exposed;
5) Floors, walls and ceilings are constructed in a manner that they may be kept adequately clean and in good repair;
6) There is adequate lighting in all areas where cannabis is stored and where equipment or utensils are cleaned;
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7) There is adequate screening or other protection against the entry of pests. Rubbish shall be disposed of to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests;
8) Any buildings, fixtures and other facilities are maintained in a sanitary condition;
9) Toxic cleaning compounds, sanitizing agents, and solvents used in the production of cannabis concentrates shall be identified, held, and stored in a manner that:
A) protects against contamination of cannabis; and
B) is in accordance with any applicable local, State or federal law, rule, regulation or ordinance;
10) All contact surfaces, including utensils and equipment used for the preparation of cannabis or cannabis-infused product, shall be cleaned and sanitized as frequently as necessary to protect against contamination. Equipment and utensils shall be designed and made of material and workmanship that is adequately cleanable, and shall be properly maintained. Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act shall be used in craft growers and shall be used in accordance with labeled instructions;
11) The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs;
12) Plumbing shall be of adequate size and design, and adequately installed and maintained, to carry sufficient quantities of water to the required locations throughout the facility. Plumbing shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross- connections between the potable and waste water lines;
13) All operations in the receiving, inspecting, transporting, segregating, preparing, producing, packaging and storing of cannabis and cannabis-
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infused products shall be conducted in accordance with adequate sanitation principles;
14) Each craft grower shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair; and
15) Cannabis that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms. e) The licensee must request DPH to conduct a pre-operational inspection at all registered craft growers to determine whether the facilities, methods, practices and controls used in the manufacture, processing or holding of cannabis-infused products conform to or are operated with good manufacturing practices to ensure that food products for human consumption are safe and have been prepared, packed and held under sanitary conditions. f) Upon request, licensees shall immediately allow DPH to inspect the premises and all utensils, fixtures, furniture, machinery and devices used for preparing manufactured cannabis-infused products. g) DPH will conduct inspections of registered craft growers with regard to the manufacture and preparation of cannabis-infused products under the authority of the Illinois Food, Drug and Cosmetic Act, the Food Handling Regulation Enforcement Act and the Food Service Sanitation Code and in accordance with DPH's Cannabis-Infused Products rules (77 Ill. Adm. Code 946.Subpart D). h) A craft grower that prepares cannabis-infused products for sale or distribution at a cannabis organization shall be under the operational supervision of a certified food service sanitation manager. Management responsibilities and supervision shall be in accordance with 77 Ill. Adm. Code 730.8000 and 730.8040 (Manufacturing, Processing, Packing or Holding of Food Code). i) Cultivation centers are strictly prohibited from using, adding or incorporating vitamin E in any form, including, but not limited to, vitamin E acetate (also known as VEA, tocopheryl-acetate, and vitamin E oil) to cannabis, cannabis concentrate, cannabis products, or cannabis-infused products.
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Section 1300.380 Inventory
a) Each craft grower, prior to commencing business, shall:
1) Conduct an initial comprehensive inventory of all cannabis at the facility. If a craft grower commences business with no cannabis on hand, the craft grower shall record this fact as the initial inventory; and
2) Establish ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of cannabis, which shall enable the craft grower to detect any diversion, theft or loss in a timely manner.
b) Upon commencing business, each craft grower shall conduct a weekly inventory of cannabis stock, which shall include, at a minimum:
1) The date of the inventory;
2) A summary of the inventory findings;
3) The name, signature and title of the individuals who conducted the inventory and the agent-in-charge who oversaw the inventory; and
4) The product name and quantity of cannabis plants or cannabis-infused products at the facility.
c) The record of all cannabis sold, or otherwise disposed of, shall show:
1) The date of sale;
2) The name of the dispensary facility to which the cannabis was sold;
3) The batch number, product name and quantity of cannabis sold; and
4) If applicable, the date, quantity, manner in which, and reason why any cannabis was destroyed.
d) A complete and accurate record of all plant stock or products of cannabis on hand shall be prepared annually on the anniversary of the initial inventory, or other date
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that the craft grower agent-in-charge may choose, so long as it is not more than one year following the prior year's inventory.
e) All inventories, procedures and other documents required by this Section shall be maintained on the premises and made available to the Department at all times.
f) Whenever any sample or record is removed by a person authorized to enforce this Part, that person shall tender a receipt in lieu of the sample or record. The receipt shall be kept for 5 years.
Section 1300.385 Security
a) A craft grower shall be required to operate and maintain in good working order a 24 hour, 7 days a week, closed-circuit television (CCTV) surveillance system on the premises that complies with the following minimum standards:
1) The surveillance system shall visually record and monitor all building entrances and exits, all parking lot areas, and rear alley areas immediately adjacent to the building, and covers the entire inside of the facility, including all limited access areas and all areas where cannabis is produced, stored, shipped or destroyed, but does not include restrooms nor the executive office. Fixed cameras shall be installed to provide a consistent recorded image of these areas. The craft grower shall instruct the company or individuals installing the surveillance cameras to maximize the quality of facial and body images and to avoid backlighting and physical obstructions.
2) Cameras installed outdoors and in low-light interior areas shall be day/night cameras with a minimum resolution of 600 lines per inch (analog) or D1 (IP) and a minimum light factor requirement of 0.7 LUX. The installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image.
3) The recording device shall be digital and meet the following minimum standards:
A) Displays a date and time stamp on all recorded video;
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B) Produces a digital video disc using an installed media recording drive. The video on the disc shall be viewable on any Windows PC, and shall include any required player software on the disc;
C) Remains operational during a power outage for an unlimited amount of time; and
D) Allows for the exporting of still images in an industry standard image format, including .jpg, .bmp and .gif. Exported video shall have the ability to be archived in a proprietary format that ensures authentication of the video and guarantees that no alteration of the recorded image has taken place. Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system. All recordings shall be erased or destroyed prior to disposal.
4) A display monitor with a minimum screen size of 12 inches shall be connected to the electronic recording security system at all times.
5) Electronic recording security systems must be maintained in good working order at all times. The owner of a craft grower shall instruct each manager, employee or agent overseeing the functioning of the video recording security system to immediately report to the agent-in-charge any malfunctioning or technical problems with the system.
6) Security recordings shall meet the following minimum requirements:
A) The recorded image resolution shall be at least D1; and
B) The recorded image frame rate shall be at least 3 frames per second during alarm or motion-based recording.
7) Security recordings shall be retained by the craft grower for a minimum of 90 days at the licensed premises and an additional 90 days off site (e.g., cloud storage). The recording system for the security cameras must be located in a locked, tamper-proof compartment.
8) The surveillance system must be able to connect to a video printer capable of immediately producing a clear still photo from any video camera image.
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9) Upon request, the video recording or any photo shall be turned over to ISP or the Department.
b) Access to surveillance areas shall be limited to persons who are essential to surveillance operations, law enforcement agencies, security system service personnel, the Department, and others when approved by the Department. A current list of authorized employees and service personnel that have access to the surveillance room must be available to the Department upon request. Surveillance rooms shall remain locked.
c) The electronic security system shall be available 24 hours per day, 7 days per week, to the Department and law enforcement agencies via a secure web-based portal.
d) Visitors are not permitted within the cultivation center without prior Department approval. Visitors must be issued a visitor pass. The visitor pass must be visible at all times and returned to the cultivation center.
Section 1300.395 Transportation
a) A craft grower or craft grower agent shall not transport cannabis or cannabis- infused products to any other cannabis business establishment without a transport organization license unless it has received from the Department a registration certificate for each vehicle authorized to transport cannabis.
b) To obtain a registration certificate, a craft grower must notify the Department in writing of its desire to transport cannabis without a transporter license. The notice must include the information referenced in 8 Ill. Adm. Code 1300.510(d)(11) and (15). Upon receiving sufficient information, the Department will send the craft grower a written or electronic notice requesting the information referenced in 8 Ill. Adm. Code 1300.540(h). Upon receiving sufficient information, the Department will issue the craft grower a registration certificate for each vehicle authorized to engage in cannabis transportation activities as prescribed by 8 Ill. Adm. Code 1300.540(h).
c) Craft growers authorized by the Department to transport cannabis without a transporter license must comply with the following requirement:
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1) The operational requirements of 8 Ill. Adm. Code 1300.595; and
2) The transportation distance restrictions of the Act:
A) If the craft grower is located in a county with a population of 3,000,000 or more, the cannabis business establishment receiving the cannabis is within 2,000 feet of the property line of the craft grower;
B) If the craft grower is located in a county with a population of more than 700,000 but fewer than 3,000,000, the cannabis business establishment receiving the cannabis is within 2 miles of the craft grower; or
C) If the craft grower is located in a county with a population of fewer than 700,000, the cannabis business establishment receiving the cannabis is within 15 miles of the craft grower. [410 ILCS 705/30-(k)]
d) A craft grower may enter into a contract with a transporter to transport cannabis.
e) Transporter Licenses are granted in accordance with Subpart F (Transporters).
SUBPART E: INFUSERS
Section 1300.400 License Application
a) An Infuser License shall be obtained for each facility prior to commencement of any production activities. The license shall, along with any other certificate, business license, or other authorization required to conduct production activities, be posted in a conspicuous place within the facility.
b) The Department will accept applications for Infuser Licenses beginning February 14, 2020. The Department application period shall close on March 16, 2020. An application will be considered submitted on the date in which it was received, if received on or before 5 p.m. Central Time. If received after 5 p.m. Central Time, the application will be considered received on the next business day.
1) Submissions shall be received electronically.
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2) Submissions received after the close of the application period shall be returned to the applicant.
3) Notification of the availability of applications will be posted on the Department's website at www.agr.state.il.us/. c) The license application shall be submitted on the forms provided by the Department. The forms will include instructions for their completion and submission. The application will reflect the information required of applicants by the Act and this Part and will include requests for information, plans, maps, and other materials in support of the application needed by the Department to make its determination on the license request. The instructions on the application will reflect the total maximum number of points that can be awarded for each required criteria, measure, and bonus point category listed in Section 1300.407. The instructions/application will also identify the total minimum number of points necessary from the required criteria and measures to be eligible for consideration of the bonus point categories. All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner. If the Department receives an application with missing information, the Department will issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be returned to the applicant. [410 ILCS 705/35-10(c)] Once submitted, the required fee will not be returned. Upon receipt of an application deemed to be complete, the Department will engage in no further communication with the applicant until after the selection process is completed. d) An applicant applying for an Infuser License shall submit the following:
1) The nonrefundable application fee of $5,000, unless the applicant is eligible for a fee waiver pursuant to Section 7-20 of the Act;
2) The legal name of the infuser;
3) The proposed physical address of the infuser;
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4) The name, address, social security number, and date of birth of each principal officer and board member of the infuser; each principal officer and board member shall be at least 21 years of age;
5) The details of any administrative or judicial proceeding in which any of the principal officers or board members of the infuser:
A) Pled guilty, were convicted, fined, or had a registration or license suspended or revoked; or
B) Managed or served on the board of a business or non-profit organization that pled guilty, was convicted, fined, or had a registration or license suspended or revoked;
6) Proposed operating bylaws that include procedures for the oversight of the infuser, including the development and implementation of a plant monitoring system, accurate recordkeeping, staffing plan, and security plan that are in accordance with this Part. A physical inventory of all cannabis shall be performed by the infuser on a weekly basis;
7) Verification from ISP that all background checks of the prospective principal officers, board members, and agents of the infuser have been conducted. If ISP has not completed the background check, then the applicant shall provide verification that the background check request has been submitted to ISP;
8) A copy of the current local zoning ordinance and verification that the proposed infuser is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;
9) Proposed employment practices, in which the applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;
10) Whether an applicant can demonstrate experience in, or business practices that promote, economic empowerment in Disproportionately Impacted Areas;
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11) Experience in infusing products with cannabis concentrate;
12) A description of the enclosed, locked facility where cannabis will be infused, packaged, or otherwise prepared for distribution to a dispensing organization or other infuser;
13) Processing, inventory, and packaging plans;
14) A description of the applicant's experience with operating a commercial kitchen or laboratory preparing products for human consumption;
15) A list of any academic degrees, certifications, or relevant experience of all prospective principal officers, board members, and agents of the related business;
16) The identity of every person having a financial or voting interest of 5% or greater in the infuser operation with respect to which the license is sought, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person; [410 ILCS 705/35-15]
17) If a sole proprietorship, the name, residence and date of birth of the owner;
18) If a partnership, the names and addresses of all partners, both general and limited, and any partnership or joint venture documents:
A) For a domestic limited partnership, a copy of the Certificate of Limited Partnership, and a Certificate of Good Standing from SOS dated within the last 60 days;
B) For a foreign limited partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;
19) If a limited liability partnership, the names and addresses of all partners, and any partnership or joint venture documents:
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A) For a domestic limited liability partnership, a copy of the Certificate of Limited Liability Partnership, and a Certificate of Good Standing from SOS dated within the last 60 days;
B) For a foreign limited liability partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from the SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;
20) If a corporation based in Illinois, a copy of the Articles of Incorporation and a copy of the Certificate of Good Standing issued by SOS or obtained from the SOS website within the last 60 days. If the corporation is a foreign corporation, a copy of the Articles of Incorporation, a copy of the Certificate of Good Standing from the state or country in which the corporation is domiciled, a copy of the Certificate of Authority from SOS and a Certificate of Good Standing from SOS dated within the last 60 days. If using an assumed name (d/b/a), a copy of the assumed name registration issued by SOS. Additionally, applicants shall include the names and addresses of all stockholders and directors of the corporation;
21) If a limited liability company:
A) For a domestic limited liability company, a copy of the Articles of Organization, a copy of the Certificate of Good Standing issued by SOS or obtained from the SOS website within the last 60 days, and a listing of the members of the limited liability company and his, her, or its contact information;
B) For a foreign limited liability company, a copy of the Articles of Organization and a Certificate of Good Standing from the state of organization, a copy of the Application for Admission to Transact Business in Illinois, along with a Certificate of Good Standing issued by SOS, all dated within the last 60 days;
22) If another type of business entity, the same or similar information as required for a limited liability company;
23) A description of the property ownership of the proposed location:
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A) If the property is not owned but is currently leased by the applicant, the applicant shall provide: a copy of the lease; confirmation of land ownership; identification of any mortgagees and/or lienholders; a written statement from the property owner and/or landlord, certifying consent that the applicant may operate an infuser on the premises through the term of the lease; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as an infuser at least through the term of financing, and consent thereto by any mortgagees and/or perfected lienholders.
B) If the property is not owned or currently leased by the applicant, the applicant shall provide: a written statement from the property owner and/or landlord certifying consent that the applicant will lease or purchase the property for the purpose of operating an infuser until the end of the lease term; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as an infuser at least through the effective date of the effective agreement, and consent thereto by any mortgagees and/or perfected lienholders.
C) If the property is owned by the applicant, the applicant shall provide: confirmation of land ownership; identification of any and all mortgagees and/or perfected lienholders; and, if applicable, verification of notification to any and all mortgagees and/or perfected lienholders that the property is to be used as an infuser at least through the term of the financing agreement, and consent thereto by any mortgagees and/or perfected lienholders;
24) Documentation acceptable to the Department that the individual or entity filing the application has at least $20,000 in liquid assets. Documentation acceptable to the Department includes a signed statement from an Illinois licensed CPA attesting to proof of the required amount of liquid assets under the control of an owner or the entity applying. The statement must be dated within 30 calendar days before the date the application was submitted;
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25) Documentation acceptable to the Department that the individual or entity filing the application will be able to obtain insurance sufficient to indemnify and hold harmless the State and its officers and employees as required by law;
26) All relevant financial information as set forth in Section 1300.405;
27) The name of any agent-in-charge for each work shift;
28) If any principal officers or board members are currently, or have previously been, licensed or authorized in another state or jurisdiction to produce or otherwise deal in the distribution of cannabis in any form, the following:
A) A copy of each licensing/authorizing document verifying licensure in that state or jurisdiction;
B) A statement granting permission to contact the regulatory agency that granted the license to confirm the information contained in the application; and
C) If the license/authorization or application was ever denied, suspended, revoked or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was licensed and was never sanctioned;
29) A plan describing how the infuser will address each of the following:
A) Energy needs, including estimates of monthly electricity and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;
B) Water needs, including estimated water draw, and if it has or will adopt a sustainable water use and water conservation policy;
C) Waste management, including if it has or will adopt a waste reduction policy;
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D) A recycling plan:
i) A commitment that any recyclable waste generated by the infuser shall be recycled per applicable State and local laws, ordinances, and rules; and
ii) A commitment to comply with local waste provisions. An infuser commits to remain in compliance with applicable State and federal environmental requirements, including, but not limited to, storing, securing, and managing all recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable State and local laws, ordinances, and rules; [410 ILCS 705/30-10]
30) For a Social Equity Applicant:
A) If applicable, the Social Equity Applicant's status as an "Illinois resident" as evidenced by incorporation documents, or, if applying as an individual, at least 2 of the following:
i) a signed lease agreement that includes the applicant's name;
ii) a property deed that includes the applicant's name;
iii) school records;
iv) voter registration card;
v) an Illinois driver's license, ID card, or a Person with a Disability ID card;
vi) a paycheck stub;
vii) a utility bill; or
viii) any other proof of residency or other information necessary to establish residence.
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B) A person must have been domiciled in this State for a period of 30 days and shall provide evidence of one of the following:
i) The person or persons owning and controlling at least 51% of the proposed license have lived in a Disproportionately Impacted Area for 5 of the preceding 10 years as demonstrated by, but not limited to, tax filings, voter registrations, leases, mortgages, paycheck stubs, utility bills, insurance forms, or school records that include the qualifying principal officers' names on them;
ii) The person or persons owning and controlling at least 51% of the proposed license have been arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction, or adjudication has been sealed or expunged, provide records of that action;
iii) The person or persons owning and controlling at least 51% of the proposed license have had a parent, legal guardian, child, spouse or dependent, or was a dependent of an individual who, prior to June 25, 2019, was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction or adjudication has been sealed or expunged, the applicant shall provide records of that action. The applicant must also provide evidence of the relationship between the applicant's principal officer or officers and the person who was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act; or
iv) The applicant employs 10 or more full-time employees, and that 51% or more of those employees currently reside in a Disproportionately Impacted Area; have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act; or are members of an "impacted family" as that term is defined in the Act. The applicant must provide evidence as described in this
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subsection (d)(29)(B)(iv) for each employee. The applicant shall also provide evidence the employees were engaging in full time work as of the date the application was submitted. If the employee information, or employment status of employees, changes before licenses are awarded, the applicant has a duty to notify the Department of the change in employee information or status; and
31) All of the applicant's principal officers expressly agree to be subject to service of process in Illinois and to maintain a current Illinois address on file with the Department.
32) If the Department offers bonus points for community engagement, and the applicant desires to obtain those points, the applicant must submit its plan for community engagement. e) The applicant shall sign a notarized statement certifying that:
1) The infuser shall register with DOR if the applicant is granted a license;
2) The application is complete and accurate; and
3) The applicant has actual notice that, notwithstanding any State law:
A) Cannabis is a prohibited Schedule I controlled substance under federal law;
B) Participation in the program is licensed only to the extent provided by the strict requirements of the Act and this Part;
C) Any activity not sanctioned by the Act or this Part may be a violation of State law;
D) Growing, distributing or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;
E) Use of cannabis may affect an individual's ability to receive federal or State licensure in other areas;
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F) Use of cannabis, in tandem with other conduct, may be a violation of State or federal law;
G) Participation in the program does not authorize any person to violate federal law or State law and, other than as set out in Article 45 of the Act, does not provide any immunity from or affirmative defense to arrest or prosecution under federal law or State law; and
H) Applicants shall indemnify and hold harmless the State of Illinois for any and all civil or criminal penalties resulting from participation in the program.
Section 1300.405 Financial Disclosure
a) When applying for an Infuser License, the applicant shall disclose all relevant financial information to the Department. The applicant shall have a continuing duty to disclose promptly any material changes in the financial information provided to the Department. If an applicant is issued a license, this duty of ongoing disclosure shall continue throughout the licensed period. These disclosures shall include:
1) The ownership structure of the infuser;
2) A current organizational chart that includes position descriptions and the names and resumes of persons holding each position to the extent those positions have been filled. To the extent not revealed by the resume, include additional pages with each resume setting out the employee's particular skills, education, experience or significant accomplishments that are relevant to owning or operating an infuser;
3) Documents such as the articles of incorporation, articles of association, charter, by-laws, partnership agreement, or agreements between any 2 or more members of the applicant that relate in any manner to the assets, property or profit of the applicant, or any other comparable documents that set forth the legal structure of the applicant or relate to the organization, management or control of the applicant;
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4) A copy of all compensation agreements with directors, owners, officers and infusers;
5) The nature, type, terms, covenants and priorities of all outstanding bonds, loans, mortgages, trust deeds, pledges, lines of credit, notes, debentures or other forms of indebtedness issued or executed, or to be issued or executed, in connection with opening or operating the proposed infuser;
6) Audited financial statements for the previous fiscal year, which shall include, but are not limited to, an income statement, balance sheet, statement of retained earnings or owners' equity, statement of cash flows, and all notes to these statements and related financial schedules, prepared in accordance with generally accepted accounting principles, along with the accompanying independent auditor's report. If the applicant was formed within the year preceding the application for license, provide certified financial statements for the period of time the applicant has been in existence and any pro forma financials used for business planning purposes.
b) The applicant shall disclose all sources of funding used to acquire or develop the business for which the license is sought, and shall provide independent documentation concerning the source of the funds and copies of closing documents in connection with the purchase of a registered business.
c) The applicant shall disclose whether any principal officer and/or board member:
1) Has ever filed for bankruptcy;
2) Is more than 30 days delinquent in complying with a child support order [5 ILCS 100/10-65(c)]; or
3) Has ever been disciplined or sanctioned by a State or federal agency.
d) The applicant shall disclose whether there are currently or have ever been any State or federal tax liens against the property of the applicant, as well as the property of any principal officer and/or board member.
Section 1300.407 License Selection Criteria
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NOTICE OF PROPOSED RULES a) The license selection criteria for the Infuser License shall include the following, with each criterion accounting for up to the indicated maximum number of the total points available for each criteria, out of 1,000 total points (bonus points are an additional 2 points):
1) Suitability of the Proposed Facility (75 points):
A) Measure 1 (25 points): The applicant demonstrates that the proposed facility is suitable for effective and safe production of cannabis and cannabis-infused products, sufficient in size, power allocation, air exchange and air flow, interior layout, lighting, and sufficient both in the interior and exterior to handle bulk production of cannabis-infused products, product handling, storage, trimming, packaging, loading and shipping. The loading/unloading of cannabis in the transport motor vehicle for shipping shall be in an enclosed, secure area out of public sight;
B) Measure 2 (25 points): The applicant demonstrates the ability to meet consumer demand by operating the infuser facility in a safe and efficient manner with minimal impact on the environment and the surrounding community;
C) Measure 3 (25 points): The applicant provides an Operations and Management Practices Plan that demonstrates compliance with this Part and the Act.
2) Suitability of Employee Training Plan (50 points):
A) Measure 1 (25 points): The applicant fully describes a staffing plan that will provide and ensure adequate staffing and experience for all accessible business hours, safe production, sanitation, adequate security and theft prevention;
B) Measure 2 (25 points): The applicant provides an employee handbook that will provide employees with a working guide to the understanding of the day-to-day administration of personnel policies and practices.
3) Security Plan and Recordkeeping (145 points):
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A) Measure 1 (40 points): The applicant's security plan demonstrates its ability to prevent the theft or diversion of cannabis and how the plan will assist with ISP, Department, and local law enforcement. Specifically, it shall evidence compliance with all items in Sections 1300.455, 1300.480 and 1300.485;
B) Measure 2 (40 points): The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, quality control and security, and other policies and procedures will discourage unlawful activity. It also describes the applicant's plan to dispose of unused or surplus cannabis and cannabis-infused products in cooperating with ISP and the Department;
C) Measure 3 (40 points): The applicant's security plan shall describe:
i) the enclosed, locked facility that will be used to secure or store cannabis, cannabis-infused products;
ii) its security measures, including when the location is closed for business; and
iii) the steps taken to ensure that cannabis and cannabis-infused products are not visible to the public;
D) Measure 4 (25 points): The applicant's plan to apply for a Transporter License or plan to work with a licensed transporter and the applicant's procedures for safely and securely delivering cannabis-infused products to cannabis business establishments.
4) Infusing Plan (75 points):
A) Measure 1 (25 points): The applicant shall describe its plan to provide a steady, uninterrupted supply of cannabis-infused products to registered dispensaries;
B) Measure 2 (25 points): The applicant demonstrates knowledge of infusion methods to be used in the production of cannabis-infused products;
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C) Measure 3 (25 points): The applicant demonstrates the steps that will be taken to ensure the quality, including the purity and consistency, of the cannabis-infused products to be provided to dispensaries.
5) Product Safety and Labeling Plan (95 points):
A) Measure 1 (35 points): The applicant shall describe its plan for providing safe and accurate packaging and labeling of cannabis- infused products;
B) Measure 2 (35 points): The applicant shall describe its plan for testing and ensuring that all cannabis-infused products are free of contaminants, including but not limited to pesticides, microbiological contaminants, and residual solvent;
C) Measure 3 (25 points): The applicant shall describe its plan for establishing a recall of the applicant's cannabis-infused products in the event that they are shown by testing or other means to be, or potentially to be, defective or have a reasonable probability that their use or exposure to these products will cause serious adverse health consequences. At a minimum, the plan should include the method of identification of the products involved; notification to the dispensary organization or others to whom the product was sold or otherwise distributed; and how the products will be disposed of if returned to or retrieved by the applicant.
6) Applicant's Business Plan and Services to be Offered (110 points):
A) Measure 1 (40 points): The applicant shall provide a business plan that describes how the infuser plans to operate on a long-term basis. This shall include the applicant providing a detailed description about the amount and source of the equity and debt commitment for the proposed infuser that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs, and the financial capability to undertake the project;
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B) Measure 2 (40 points): The applicant or its officers, board members, or incorporators demonstrates experience in business management and/or having industry, laboratory, agricultural or horticultural experience and the extent of their involvement in or ability to influence the day-to-day operations of the facility;
C) Measure 3 (30 points): The business plan demonstrates a start-up timetable that provides an estimated time from license approval of the infuser to full operation, and the assumptions used for the basis of those estimates.
7) Applicant's Status as a Social Equity Applicant (200 points).
8) Applicant's Labor and Employment Practices (20 points). Provide a safe, healthy and economically beneficial working environment for its employees, including, but not limited to, its plans regarding workplace safety and environmental standards, codes of conduct, healthcare benefits, educational benefits, retirement benefits, living wage standards, and entering a labor peace agreement with employees.
9) Applicant's Environmental Plan (20 points):
A) Measure 1 (10 points): The applicant's ability to demonstrate an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the production of cannabis-infused products;
B) Measure 2 (10 points): The applicant's ability to describe any plans for the use of alternative energy, the treatment of waste water and runoff, and scrubbing or treatment of exchanged air;
10) The applicant is 51% or more owned and controlled by an individual or individuals who have been Illinois residents for the past 5 years as proved by tax records and other documentary evidence as permitted by the Act (90 points);
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11) The applicant is 51% or more controlled and owned by an individual or individuals who meet the qualifications of a veteran as defined in Section 45-57 of the Illinois Procurement Code (20 points);
12) Applicant's Diversity Plan (100 points): A narrative of not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity. b) The Department may award up to 2 bonus points when an applicant makes a commitment to engage with the community. Applicants are not required to complete the bonus point category. Bonus points will only be awarded if the Department receives applications that receive an equal score. An applicant that desires to make a commitment to engage with the community may choose one of the following options:
1) Community Benefits Plan: The applicant commits to the establishment of an incubator program designed to increase participation in the cannabis industry by persons who would qualify as Social Equity Applicants;
2) Substance Abuse Prevention Plan: The applicant commits to providing financial assistance to substance abuse treatment centers;
3) Local Community/Neighborhood Report: The applicant commits to educating children and teens about the potential harms of cannabis use. c) Should the applicant be awarded a license, the information and plan that an applicant provided in its application becomes a mandatory condition of the license. If a licensee fails to comply with standard and special conditions of the license, the Department may assess a penalty or seek suspension or revocation of the license pursuant to Subpart G (Enforcement and Immunities). d) In the event that 2 or more qualified applicants for an Infuser License receive the same total score, the Department will distribute the remaining available licenses by lot.
1) The drawing by lot for all remaining available licenses will occur on the same day; and
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2) The process for distributing remaining available licenses will be recorded by the Department in a format of its discretion.
e) The Department may verify information contained in each application and accompanying documentation to assess the applicant's character and fitness to operate an infuser. Notwithstanding an applicant satisfying the foregoing selection criteria, the Department may, in its discretion, refuse to issue a license if it is not satisfied that an applicant, or any one required to be identified in the application, or identified pursuant to Sections 1300.400, 1300.405 and 1300.445, is a person of good character, honesty and integrity, and is not:
1) A person who creates or enhances the dangers of unlawful practices, methods and activities in the cannabis industry, including, but not limited to, product diversion;
2) A person who presents questionable business practices and financial arrangements incidental to the cannabis industry; or
3) A person who has had a cannabis dispensary or cultivation center license revoked, suspended or sanctioned in any other jurisdiction.
Section 1300.410 License Denial and Prohibitions
a) An application for an Infuser License must be denied if any of the following conditions are met:
1) The applicant failed to submit the materials required by this Part;
2) The applicant would not be in compliance with local zoning rules issued in accordance with the Act;
3) One or more of the prospective principal officers or board members has violated the Act or this Part;
4) One or more of the prospective principal officers or board members has served as a principal officer or board member for a registered dispensing organization or infuser that has had its registration revoked or suspended;
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5) One or more of the principal officers or board members is under 21 years of age;
6) A principal officer or board member of the infuser has failed a background check under Section 5-20 of the Act;
7) The person has submitted an application for license that contains false information;
8) If the licensee, principal officer, board member, person having a financial or voting interest of 5% or greater in the licensee, or an agent of these entities is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois; [410 ILCS 705/35-20]
9) The infuser is located in an area zoned for residential use.
b) The Department may suspend or revoke an Infuser License for violations of the Act and/or this Part.
c) No infuser license issued by the Department shall be issued to a person who is licensed by any licensing authority as an infuser, or to any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or any other form of business enterprise having more than 10% legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this State as an infuser, or to any principal officer, agent, employee, or human being with any form of ownership or control over an infuser except for a person who owns no more than 5% of the outstanding shares of an infuser whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934.
Section 1300.415 License Award, Issuance and Transferability
a) The top-scoring applicants as determined by Section 1300.407, that receive at least 75% of available points, will be issued Infuser Licenses by the Department.
b) An Infuser License shall be issued for the specific location identified on the application, and is valid only for the owner, premises and name designated on the license and the location for which it is issued.
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NOTICE OF PROPOSED RULES c) Should the applicant be awarded an Infuser License, it shall pay a fee of $5,000 prior to receiving the license. [410 ILCS 705/35-15(d)] d) An Infuser License shall not be transferable, in whole or in part, without Department approval, with the following exceptions:
1) An Infuser License may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased licensee if the license was issued in the names of both of the parties;
2) An Infuser License may be transferred, without charge, to an heir of a deceased licensee other than as provided in subsection (b)(1), as determined by the Probate Act of 1975. For the purpose of considering the qualifications of the heir to receive an Infuser License, the Department will require a criminal background check and the heir will be subject to all other requirements of the Act and this Part. e) In the event that the Department approves a new location as meeting all requirements of the Act and this Part, the infuser shall have a brief transition period of no more than 90 days, approved by the Department, to transfer its inventory and begin operations at the new location.
1) The transition period shall not begin until the new location is ready to begin production.
2) An infuser may not be located in an area zoned for residential use. [410 ILCS 705/35-25(i)]
3) No product may be transferred to or processed at the new location prior to the beginning date of this approved transition period.
4) Any product remaining at the original location past the transition period shall be destroyed in accordance with the provisions of Subpart I (Destruction of Cannabis).
5) The infuser shall notify the Department in writing or by electronic transmission once the transfer of inventory is complete and production has begun at the new location.
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6) Upon inspection and verification by the Department that the new location is in compliance with the Act and this Part, the Department will issue a license modification reflecting the new location. The modified license shall have the same expiration date as the previously issued license. f) The proposed sale of any outstanding or issued stock of a corporation licensed under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department, and Department approval must be obtained before the changes are made. A fee of $1,000 will be charged for the processing of the change of stock ownership or corporate officers or board members. g) The proposed change of any person or principal officer of any licensee must be reported to the Department and Department approval must be obtained before the changes are made. A fee of $1,000 will be charged for the processing of any such change. h) An Infuser License shall not be leased or subcontracted, in whole or in part. i) An Infuser License is issued upon the following condition: An infuser may not either directly or indirectly discriminate in price between different cannabis business establishments that are purchasing a like grade, strain, brand, and quality of cannabis or cannabis-infused product. Nothing in this subsection (i) prevents an infuser from pricing cannabis differently based on differences in the cost of manufacturing or processing, the quantities sold, such volume discounts, or the way the products are delivered. [410 ILCS 705/35-25(e)] j) An Infuser License is issued upon the following condition: An infuser may share premises with a craft grower or a dispensing organization, or both, provided each licensee stores currency and cannabis or cannabis-infused products in a separate secured vault to which the other licensee does not have access or all licensees sharing a vault share more than 50% of the same ownership. [410 ILCS 705/35- 25(l)] k) An Infuser License is issued upon the following condition: It is unlawful for any person or entity having an Infuser License or any officer, associate, member, representative or agent of such licensee to offer or deliver money, or anything else of value, directly or indirectly to any person having an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing
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Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any person connected with or in any way representing, or to any member of the family of, such person holding an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any stockholders in any corporation engaged in the retail sales of cannabis, or to any officer, manager, agent, or representative of the Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act to obtain preferential placement within the dispensing organization, including, without limitation, on shelves and in display cases where purchasers can view products, or on the dispensing organization's website. [410 ILCS 705/35-25(m)]
Section 1300.420 License Renewal
a) Every Infuser License shall expire annually on the date it was issued.
b) Every renewal application for a license issued pursuant to this Part and accompanied by the proper fees shall be filed annually with the Department at least 45 calendar days prior to the date the existing license expires.
c) The Department will send written notification of expiration to each licensed infuser at least 90 days prior to expiration. However, failure to receive a renewal form from the Department will not excuse the infuser from paying the renewal fee or renewing the license prior to its expiration.
d) The Department will grant a renewal application within 45 days of submission of a renewal application if:
1) The registered infuser submits a renewal application and the required renewal fee of $20,000;
2) The Department has not suspended the license of the infuser or suspended or revoked the registration for violation of the Act or this Part;
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3) The infuser has continued to operate in accordance with all plans submitted as part of its application and approved by the Department or any amendments thereto that have been approved by the Department;
4) The infuser has submitted an agent, employee, contracting, and subcontracting diversity report as required by the Department; and
5) The infuser has submitted an environmental impact report as required by the Act. [410 ILCS 705/35-40(a)]
e) If an infuser fails to renew its license before expiration, it shall cease operations until its license is renewed. [410 ILCS 705/35-40(b)]
f) Upon request for renewal, the Department will consider the licensee's history of compliance with requirements of the Act and this Part, the number and severity of any violations and the correction of those violations, as well as penalties or fines imposed or any other enforcement actions.
g) The Department may deny a renewal after consideration of the licensee's history of compliance.
Section 1300.430 Modifications and Alterations
a) A license shall be amended before the commencement of any modification to the facility. This includes any change that modifies the approved license design capability of production or process areas, including change of capacity, efficiency or processes.
b) Before making any modification to a licensed facility, the infuser must complete an Application for License and Construction Approval and submit the application with the appropriate schedules to the Department. The fee for an applicant to make modifications to an infuser shall be $5,000. In addition, upon approval of the application, the applicant shall pay an additional fee of $3,000.
c) An amendment to the license shall not be required for alterations at the facility. The fee for an application to reflect an alteration of the infuster's facility, other than an expansion, shall be $1,000.
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Section 1300.445 Background Check
a) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each infuser agent applying for an infuser agent identification card (ID card).
1) ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.
2) For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background check to the Department and that transmittal shall conclude the verification process.
3) The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).
A) Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.
B) Fingerprint images of the individual being fingerprinted, and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.
C) Electronic transmission of fingerprint data to ISP shall be accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.
D) If the fingerprints are rejected by ISP, the craft grower agent shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.
E) In the event of equipment malfunction or other special circumstance that makes electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records.
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b) Each infuser agent applying for an infuser agent ID card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for a craft grower agent ID card.
1) The infuser agent shall submit to the Department, with the infuser agent ID card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.
2) Infuser ID card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed. The fingerprinting process is not completed until the Department receives the results from ISP.
3) Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking a infuser agent ID card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the ISP Services Fund. A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. d) The Department will obtain from ISP a State and federal criminal records check, to the extent allowed by law, containing conviction information for each infuser agent applying for an infuser agent ID card. e) The Department will maintain the results of the criminal history records check in compliance with the State Records Act. f) Should the Department not be able to obtain from ISP the required State and/or federal criminal records check required by the Act and this Section, the Department will contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.
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Section 1300.450 Specifications
a) Infusers shall:
1) Not be located closer than 1,500 feet to another infuser or a cultivation center;
2) Not be in violation of any other local zoning requirements.
b) The infuser shall provide engineering plans and specifications of the entire infuser. The plans and specifications shall include:
1) A detailed plan and elevation drawings of all operational areas involved with the production of infused products. This should include dimensions and elevation referenced to a single facility benchmark;
2) Cross-sections that show the construction details and their dimensions to provide verification of construction materials, enhancement for security measures and bio-security measures;
3) Identification of all employee areas that are non-production areas;
4) The location of all storage areas, ventilation systems, and equipment used for the production of infused products;
5) The location of all entrances and exits to the infuser;
6) The location of any windows, skylights and roof hatches;
7) The location of all cameras and their field of view;
8) The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;
9) The location of the digital video recorder and alarm control panel;
10) The location of all restricted and public areas;
11) The location where all plant inputs and application equipment are stored;
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12) The location of areas designated specifically for the production of cannabis-infused products; and
13) The location of the enclosed, secure area or loading/unloading dock out of public sight for the loading/unloading of cannabis and cannabis-infused products in the transport motor vehicle.
Section 1300.455 Records
a) Each infuser shall keep and maintain upon the licensed premises for a 5-year period true, complete, legible and current books and records, including the following:
1) The date of each sale or distribution to a cannabis organization;
2) The name, address and registration number of the cannabis organization;
3) The item number, product name (description), and quantity of cannabis- infused products registered by the Department and sold or otherwise distributed to the cannabis organization;
4) The price charged and the amount received for the cannabis-infused products from the cannabis organization;
5) If the distribution was for a purpose other than sale, the reason for the distribution;
6) The quantity and form of cannabis and cannabis-infused products maintained at the infuser on a daily basis; and
7) The amount of cannabis-infused products being produced at the infuser on a daily basis.
b) Each infuser is responsible for keeping and maintaining records that clearly reflect all financial transactions and the financial condition of the business. The following records must be kept and maintained on the licensed premises for a 5- year period and must be made available for inspection if requested by the Department, and, when applicable, DOR:
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1) Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;
2) If applicable, bank statements and canceled checks for all accounts relating to the infuser;
3) Accounting and tax records related to the infuser;
4) Records of all financial transactions related to the infuser, including contracts and/or agreements for services performed or received that relate to the infuser;
5) All employee records, including training, education, discipline, etc.;
6) Production records, including:
A) Products purchased or used in the production process, destruction of cannabis, or cannabis-infused products, and packaging and labeling; and
B) Disposal of cannabis, cannabis-infused products and waste materials associated with production;
7) Records of each batch of extracts or cannabis-infused products made, including, at a minimum, the usable cannabis or trim, leaves, and other plant matter used (including the total weight of the base product used), any solvents or other compounds utilized, and the product type and the total weight of the end product produced, such as hash oil, shatter, tincture, infused dairy butter, etc.;
8) Transportation records;
9) Inventory records as described in Section 1300.480;
10) Records of all samples sent to an independent testing lab and/or the Department's lab and the quality assurance test results;
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11) All samples provided to anyone or any entity for any purpose; and
12) Records of any theft, loss or other unaccountability of any cannabis, extracts, cannabis-infused products, or other items containing cannabis.
Section 1300.460 Signage
a) Each licensed infuser must post a sign in a conspicuous location at each entrance of the facility that reads: "PERSONS UNDER 21 YEARS OF AGE NOT PERMITTED ON THESE PREMISES".
b) Each licensed infuser must post a sign in a conspicuous location at each entrance of the facility that reads: "THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE".
Section 1300.465 Agents and Identification Cards
a) The infuser agent application shall be submitted on forms provided by the Department in accordance with the Act and this Part. The application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application will be returned to the applicant.
b) Each principal officer, board member, employee or agent of a registered infuser must apply to the Department for an infuser agent ID card. Along with the application, the applicant shall submit:
1) A copy of the applicant's social security card;
2) A copy of the applicant's valid driver's license or State issued ID card;
3) A document verifying the applicant's place of residency (e.g., bank statement, cancelled check, or insurance policy). The document must contain the applicant's full residence address;
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4) Verification from ISP that the applicant's background check has been conducted;
5) The application fee of $100; and
6) Any additional information requested by the Department. c) Upon receipt and verification of the information specified in subsection (b), the Department will:
1) Approve or deny the application within 30 days after receipt;
2) Issue each infuser agent an ID card, within 15 business days after approval, that shall expire one year after the date of issuance; and
3) Enter in its record system the registry identification number of the infuser where the agent works. d) No person shall begin working at an infuser prior to receiving his or her infuser agent ID card. e) The infuser ID card shall contain the following:
1) The name of the cardholder;
2) The date of issuance and expiration;
3) A random 10-digit alphanumeric identification number with at least 4 numbers and 4 letters that are unique to the holder;
4) A photograph of the cardholder; and
5) The legal name of the infuser employing the agent. f) Renewal
1) The infuser agent ID card shall be renewed annually. The fee for renewal shall be $100. The Department will send electronic notice 90 days prior to expiration.
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2) If an infuser agent fails to renew his or her ID card before its expiration, he or she shall cease to work as an agent of the infuser until the ID card is renewed.
3) Upon request for renewal, the Department will consider the applicant's history of compliance with requirements of the Act and this Part, the number and severity of any violations and the correction of those violations, as well as penalties or fines imposed or any other enforcement actions.
4) The Department may deny a renewal after consideration of the applicant's history of compliance.
5) The Department will not renew an infuser agent ID card if the holder is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois. [410 ILCS 705/35-40(e)]
g) A registered infuser agent is not subject to prosecution, search, or penalty in any manner, and will not be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business licensing board or entity, for working or volunteering for a registered cannabis infuser to perform the actions permitted by this Part.
h) An infuser agent must keep his or her ID card visible at all times when on the property of the infuser.
i) Upon termination of employment, the infuser agent ID cards shall be immediately returned to the infuser. The infuser shall promptly return the ID cards to the Department.
j) Any infuser agent ID card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction or theft. The fee for the issuance of a replacement ID shall be $50.
Section 1300.470 Operations – General Requirements
a) Each facility shall develop and maintain an Operations and Management Practices Plan for each production area.
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b) Each production area shall be maintained free of debris. c) All persons working in direct contact with cannabis or cannabis-infused products shall conform to hygienic practices while on duty, including but not limited to the following:
1) Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis or cannabis-infused products are exposed;
2) Floors, walls and ceilings shall be constructed in a manner that they may be adequately kept clean and in good repair;
3) There shall be adequate lighting in all areas where cannabis and cannabis- infused products are stored and where equipment or utensils are cleaned;
4) Rubbish shall be disposed of to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests;
5) Any buildings, fixtures and other facilities shall be maintained in a sanitary condition;
6) Toxic cleaning compounds, sanitizing agents, and solvents used in the production of cannabis concentrates shall be identified, held and stored in a manner that protects against contamination of cannabis, and in a manner that is in accordance with any applicable local, State or federal law, rule, regulation or ordinance;
7) Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act shall be used by infusers, and they shall be used in accordance with labeled instructions;
8) All operations in the receiving, inspecting, transporting, segregating, preparing, production, packaging and storing of cannabis or cannabis- infused product shall be conducted in accordance with adequate sanitation principles.
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d) Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion (e.g., boils, sores or infected wounds), or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with cannabis shall be excluded from any operations that may be expected to result in microbial contamination until the condition is corrected.
e) Each infuser shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair.
f) All operations in the receiving, inspecting, transporting, segregating, preparing, producing, packaging and storing of cannabis and cannabis-infused products shall be conducted in accordance with adequate sanitation principles.
Section 1300.475 Operations – Infused Products
a) Any area within the infuser where cannabis or cannabis-infused products will be manufactured into an edible form shall comply with the Illinois Food, Drug and Cosmetic Act, Sanitary Food Preparation Act, and Food Handling Regulation Enforcement Act.
1) No cannabis-infused products requiring refrigeration or hot-holding or considered potentially hazardous food meeting the definition under Section 4 of the Food Handling Regulation Enforcement Act shall be manufactured at an infuser for sale or distribution at a dispensing organization.
2) Cannabis-infused products for sale or distribution at a dispensing organization must be prepared by an approved staff member of the infuser.
b) DPH may at all times enter every building, room, basement, enclosure, or premises occupied or used, or suspected of being occupied or used, for the production, preparation, manufacture for sale, storage, sale, distribution or transportation of cannabis-infused products, to inspect the premises and all utensils, fixtures, furniture, and machinery used for the preparation of these products.
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c) If a local health department has a reasonable belief that an infuser's cannabis- infused product poses a public health hazard, it may refer the infuser to DPH for inspection.
d) The licensee must request DPH to conduct a pre-operational inspection to determine whether the facilities, methods, practices and controls used in the manufacture, processing or holding of cannabis-infused products conform to, or are operated or administered in conformity with, good manufacturing practices to ensure that food products for human consumption are safe and have been prepared, packed and held under sanitary conditions.
e) Licensed infusers shall immediately allow DPH to inspect the premises and all utensils, fixtures, furniture, machinery and devices used for preparing manufactured cannabis-infused products.
f) DPH will conduct inspections of registered infusers with regard to the manufacture and preparation of cannabis-infused products under the authority of the Illinois Food, Drug and Cosmetic Act, the Food Handling Regulation Enforcement Act and the Food Service Sanitation Code and in accordance with DPH's Cannabis-Infused Products rules.
g) An infuser that prepares cannabis-infused products for distribution to a cannabis organization shall be under the operational supervision of a certified food service sanitation manager. Management responsibilities and supervision shall be in accordance with 77 Ill. Adm. Code 730.8000 and 730.8040 (Manufacturing, Processing, Packing or Holding of Food Code).
h) Cultivation centers are strictly prohibited from using, adding or incorporating vitamin E in any form, including, but not limited to, vitamin E acetate (also known as VEA, tocopheryl-acetate, and vitamin E oil) to cannabis, cannabis concentrate, cannabis products, or cannabis-infused products.
Section 1300.480 Inventory
a) Each infuser, prior to commencing business, shall:
1) Conduct an initial comprehensive inventory of all cannabis and cannabis- infused products at the facility. If an infuser commences business with no
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cannabis or cannabis-infused products on hand, the infuser shall record this fact as the initial inventory; and
2) Establish ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of cannabis and cannabis-infused products, which shall enable the infuser to detect any diversion, theft or loss in a timely manner. b) Upon commencing business, each infuser shall conduct a weekly inventory of cannabis and cannabis-infused products stock, which shall include, at a minimum:
1) The date of the inventory;
2) A summary of the inventory findings;
3) The name, signature and title of the individuals who conducted the inventory and the agent-in-charge who oversaw the inventory; and
4) The product name and quantity of cannabis and cannabis-infused products at the facility. c) The record of all cannabis and cannabis-infused products sold or otherwise disposed of shall show:
1) The date of sale;
2) The name of the dispensary facility to which the cannabis and cannabis- infused products were sold;
3) The batch number, product name and quantity of cannabis and cannabis- infused products sold; and
4) If applicable, the date, quantity, manner in which, and reason why any cannabis and cannabis-infused products were destroyed. d) A complete and accurate record of all cannabis and cannabis-infused products on hand shall be prepared annually on the anniversary of the initial inventory, or other date that the infuser agent-in-charge may choose, so long as it is not more than one year following the prior year's inventory.
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e) All inventories, procedures and other documents required by this Section shall be maintained on the premises and made available to the Department at all times.
f) Whenever any sample or record is removed by a person authorized to enforce this Part, that person shall tender a receipt in lieu of the sample or record. The receipt shall be kept for 5 years.
Section 1300.485 Security
a) An infuser shall be required to operate and maintain in good working order a 24 hour, 7 days a week, closed-circuit television (CCTV) surveillance system on the premises that complies with the following minimum standards:
1) Visually records and monitors all building entrances and exits, all parking lot areas, and rear alley areas immediately adjacent to the building, and covers the entire inside of the facility, including all limited access areas and all areas where cannabis is produced, stored, shipped or destroyed, but does not include restrooms nor the executive office. Fixed cameras shall be installed to provide a consistent recorded image of these areas. The cultivation center shall instruct the company or individuals installing the surveillance cameras to maximize the quality of facial and body images and to avoid backlighting and physical obstructions;
2) Cameras installed outdoors and in low-light interior areas shall be day/night cameras with a minimum resolution of 600 lines per inch (analog) or D1 (IP) and a minimum light factor requirement of 0.7 LUX. The installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image;
3) The recording device shall be digital and meet the following minimum standards:
A) Displays a date and time stamp on all recorded video;
B) Can produce a digital video disc using an installed media recording drive. The video on the disc shall be viewable on any Windows PC. The disk shall include any required player software;
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C) The ability to remain operational during a power outage for an unlimited amount of time;
D) Allow for the exporting of still images in an industry standard image format, including .jpg, .bmp and .gif. Exported video shall have the ability to be archived in a proprietary format that ensures authentication of the video and guarantees that no alteration of the recorded image has taken place. Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system. All recordings shall be erased or destroyed prior to disposal;
4) A display monitor with a minimum screen size of 12 inches shall be connected to the electronic recording security system at all times;
5) Electronic recording security systems are required to be maintained in good working order at all times. The owner of an infuser shall instruct each manager, employee or agent overseeing the functioning of the video recording security system to immediately report to the agent-in-charge any malfunctioning or technical problems with the system;
6) Security recordings shall meet the following minimum requirements:
A) The recorded image resolution shall be at least D1; and
B) The recorded image frame rate shall be at least 3 frames per second during alarm or motion-based recording;
7) Security recordings shall be retained by the infuser for a minimum of 90 days at the licensed premises and an additional 90 days off site (e.g., cloud storage). The recording system for the security cameras must be located in a locked, tamper-proof compartment;
8) Have available a video printer capable of immediately producing a clear still photo from any video camera image; and
9) Upon request, the recording or any photo shall be turned over to ISP or the Department.
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b) Access to surveillance areas shall be limited to persons who are essential to surveillance operations, law enforcement agencies, security system service personnel, the Department, and others when approved by the Department. A current list of authorized employees and service personnel that have access to the surveillance room must be available to the Department upon request. Surveillance rooms shall remain locked.
c) The electronic security system shall be available 24 hours per day, 7 days per week, to the Department and law enforcement agencies via a secure web-based portal.
d) Visitors must receive prior approval from the Department and receive a visitor pass before entering an infuser. A visitor must keep his or her visitor pass visible at all times while on the property of an infuser. The visitor pass must be returned at the conclusion of the visit.
Section 1300.495 Transportation
a) An infuser or infuser agent shall not transport cannabis or cannabis-infused products to any other cannabis business establishment without a transport organization license unless it has received from the Department a registration certificate for each vehicle authorized to transport cannabis.
b) To obtain a registration certificate, an infuser must notify the Department in writing of its desire to transport cannabis without a Transporter License. The notice must include the information referenced in 8 Ill Adm. Code 1300.510(d)(11) and (15). Upon receiving sufficient information, the Department will send the infuser a written or electronic notice requesting the information referenced in 8 Ill. Adm. Code 1300.540(h). Upon receiving sufficient information, the Department will issue the infuser a registration certificate for each vehicle authorized to engage in cannabis transportation activities as prescribed by 8 Ill. Adm. Code 1300.540(h).
c) Infusers authorized by the Department to transport cannabis without a Transporter License must comply with the following requirements:
1) The operational requirements of 8 Ill. Adm. Code 1300.595; and
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2) The transportation distance restrictions of the Act:
A) If the infuser is located in a county with a population of 3,000,000 or more, the cannabis business establishment receiving the cannabis or cannabis-infused product is within 2,000 feet of the property line of the infuser;
B) If the infuser is located in a county with a population of more than 700,000 but fewer than 3,000,000, the cannabis business establishment receiving the cannabis or cannabis-infused product is within 2 miles of the infuser; or
C) If the infuser is located in a county with a population of fewer than 700,000, the cannabis business establishment receiving the cannabis or cannabis-infused product is within 15 miles of the infuser. [410 ILCS 705/35-25(j)]
d) An infuser may enter into a contract with a transporter to transport cannabis.
e) Transporter Licenses are granted in accordance with Subpart F (Transporters).
SUBPART F: TRANSPORTERS
Section 1300.500 License Requirements
a) A Transporter License shall be obtained for each transporter prior to the commencement of any transportation activities.
b) Beginning July 1, 2020, a cultivation center shall not transport cannabis to a craft grower, dispensing organization, infuser, or laboratory licensed under the Act, unless it has obtained a Transporter License [410 ILCS 705/20-30(m)].
c) A transporter may not transport cannabis or cannabis-infused products to any person other than a cultivation center, a craft grower, an infuser, a dispensing organization, a testing facility, or as otherwise authorized by rule [410 ILCS 705/40-25(b)].
Section 1300.510 License Application
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NOTICE OF PROPOSED RULES a) The Department will make the Transporter License applications available beginning on the license application acceptance period listed in subsection (b). Applications shall be submitted electronically to the Department. A registration application must be submitted for each vehicle used for transportation purposes. An active registration must be in each vehicle placed into service for transportation purposes. b) License Application Acceptance
1) License Application Acceptance Periods
A) February 14, 2020 through March 16, 2020 − Acceptance Period The Department will accept applications for Transporter Licenses beginning on February 14, 2020. On March 16, 2020, the license application acceptance period will close and no further applications will be accepted by the Department.
B) February 15, 2021 and each year thereafter − Acceptance Period The Department will accept applications for Transporter Licenses beginning on February 15, or, if that date falls on a weekend or holiday, the business day immediately succeeding the weekend or holiday. On March 15, or, if that date falls on a weekend or holiday, the business day immediately succeeding the weekend or holiday, the license application acceptance period will close and no further applications will be accepted by the Department until the next license application acceptance period.
2) An application will be considered submitted on the date in which it was received, if received on or before 5 p.m. Central Time. If received after 5 p.m. Central Time, the application will be considered received on the next business day.
3) Submissions received outside of the license application acceptance period, or by a means other than required in this subsection (b), shall be returned to the applicant.
4) Notification of the availability of applications, instructions for completion and submission of applications, and application forms will be posted on the Department's website at www.agr.state.il.us/. Application forms will
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be made available online at that website and may be completed online and submitted electronically to that website. c) The electronic license application shall be submitted on the forms provided by the Department. The forms will include instructions for their completion and submission. The application will reflect the information required of applicants by the Act and this Part and will include requests for information, plans, maps and other materials in support of the application needed by the Department to make its determination on the application. The instructions on the application will reflect the total maximum number of points that can be awarded for each required criteria, measure and category listed in Section 1300.520. The instructions and application will also identify the total minimum number of points necessary. All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner. If all materials, documentations, fees and information required by the application form are not submitted, the application shall be returned to the applicant. Once submitted, the required fee will not be returned. Upon receipt of an application deemed to be complete, the Department will engage in no further communication with the applicant until after the selection process is completed. d) An applicant applying for a Transporter License shall electronically provide the following:
1) The nonrefundable application fee of $5,000, unless the applicant is eligible for a fee waiver pursuant to Section 7-20 of the Act;
2) The legal name of the transporter;
3) The proposed physical address of the transporter;
4) The name, address, social security number, and date of birth of each principal officer and board member of the transporter; each principal officer and board member shall be at least 21 years of age;
5) The details of any administrative or judicial proceeding in which any of the principal officers or board members of the transporter:
A) Pled guilty, were convicted, fined, or had a registration or license suspended or revoked; or
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B) Managed or served on the board of a business or non-profit organization that pled guilty, was convicted, fined, or had a registration or license suspended or revoked;
6) Proposed operating by-laws and plans that include procedures for the oversight of the transporter, including the development and implementation of an accurate recordkeeping plan, staffing plan, and security plan that are in accordance with the rules issued by the Department of Agriculture under the Act; a physical inventory shall be performed of all cannabis on a weekly basis by the transporter;
7) Verification from ISP that all background checks of the prospective principal officers, board members, and agents of the transporter have been conducted. If ISP has not completed the background check, then the applicant shall provide verification that the request has been submitted to ISP;
8) A copy of the current local zoning ordinance or permit and verification that the proposed transporter is in compliance with the local zoning rules and distance limitations established by the local jurisdiction, or a letter from the local zoning jurisdiction certifying compliance, if the transporter has a local business address;
9) Proposed employment practices in which the applicant must:
A) Demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities;
B) Engage in fair labor practices; and
C) Provide worker protections;
10) A statement of whether the applicant can demonstrate experience in, or business practices that promote economic empowerment in, Disproportionately Impacted Areas;
11) The number and type (make, year, and model) of equipment the transporter will use to transport cannabis and cannabis-infused products;
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12) A plan for loading, transporting, and unloading cannabis and cannabis- infused products;
13) A description of the applicant's experience in the distribution or security business (if applicable);
14) The identity of every person having a financial or voting interest of 5% or more in the transporter with respect to which the license is sought, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person; and [410 ILCS 705/40-10(a)]
15) A description of the device that the transporter plans to use to provide GPS monitoring of equipment transporting cannabis containers, as required by Section 1300.595;
16) For a Social Equity Applicant:
A) If applicable, the Social Equity Applicant's status as an "Illinois resident" as evidenced by incorporation documents, or, if applying as an individual, at least 2 of the following:
i) a signed lease agreement that includes the applicant's name;
ii) a property deed that includes the applicant's name;
iii) school records;
iv) voter registration card;
v) an Illinois driver's license, ID card, or Person with a Disability ID card;
vi) a paycheck stub;
vii) a utility bill; or
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viii) any other proof of residency or other information necessary to establish residence.
B) A person must have been domiciled in this State for a period of 30 days and shall provide evidence of one of the following:
i) The person or persons owning and controlling at least 51% of the proposed license have lived in a Disproportionately Impacted Area for 5 of the preceding 10 years as demonstrated by, but not limited to, tax filings, voter registrations, leases, mortgages, paycheck stubs, utility bills, insurance forms, or school records that include the qualifying principal officers' names on them;
ii) The person or persons owning and controlling at least 51% of the proposed license have been arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction, or adjudication has been sealed or expunged, the applicant shall provide records of that action;
iii) The person or persons owning and controlling at least 51% of the proposed license have had a parent, legal guardian, child or spouse, dependent, or was a dependent of an individual who, prior to June 25, 2019, was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction or adjudication has been sealed or expunged, the applicant shall provide records of that action. The applicant must also provide evidence of the relationship between the applicant's principal officer or officers and the person who was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act; or
iv) The applicant employs 10 or more full-time employees, and that 51% or more of those employees currently reside in a Disproportionately Impacted Area; have been arrested for, convicted of, or adjudicated delinquent for any offense that
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is eligible for expungement under the Act; or are members of an "impacted family" as that term is defined in the Act. The applicant must provide evidence as described in this subsection (d)(16)(B)(iv) for each employee. The applicant shall also provide evidence the employees were engaging in full time work as of the date the application was submitted. If the employee information, or employment status of employees, changes before licenses are awarded, the applicant has a duty to notify the Department of the change in employee information or status.
e) Applicant shall disclose whether any principal officer and/or board member is more than 30 days delinquent in complying with a child support order [5 ILCS 100/10-65(c)].
f) The applicant shall sign a notarized statement certifying that the application is complete and accurate.
Section 1300.520 License Selection Criteria
a) The license selection criteria for the Transporter License shall include the following, with each criterion accounting for up to the indicated maximum number of the total points available for each criteria, for a total of 1000 points:
1) Business Plan (150 points):
A) Measure 1 (50 points): The applicant demonstrates that the proposed vehicles are suitable for the effective and safe transportation of cannabis containers.
B) Measure 2 (50 points): The applicant demonstrates the ability to meet consumer demand for transporting services in an effective and efficient manner.
C) Measure 3 (50 points): The applicant describes a business plan that will provide and ensure adequate staffing and experience, including employment plan that will lead to the hiring of minorities, women, veterans and persons with disabilities, and will engage in fair labor practices, and provide worker protections.
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2) Suitability of Employee Training Plan (160 points):
A) Measure 1 (80 points): The applicant adequately describes a staffing plan that will ensure a staffing meets the experience and security of needs of operating a transporting organization.
B) Measure 2 (80 points): The applicant describes a training plan for employees including an employee handbook that will provide employees with a working guide for the day-to-day administration of personnel policies and practices; and training for security, recordkeeping, diversion prevention, and best practices to prevent sale of cannabis to minors.
3) Security and Recordkeeping Plan (180 points):
A) Measure 1 (90 points): The applicant's security plan demonstrates its ability to prevent the theft or diversion of cannabis and how the plan will assist with ISP, Department, and local law enforcement.
B) Measure 2 (90 points): The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, quality control and security, and other policies and procedures will discourage unlawful activity.
4) Applicant's Status as a Social Equity Applicant (200 points).
5) Labor and Employment Practices (20 points): Provide a safe, healthy and economically beneficial working environment for its employees, including, but not limited to, its plans regarding workplace safety and environmental standards, codes of conduct, healthcare benefits, educational benefits, retirement benefits, living wage standards, and entering a labor peace agreement with employees.
A) Measure 1 (10 points): The applicant's facilitation and commitment to a unionized workforce.
B) Measure 2 (10 points): The applicant's establishment of a minimum rate of pay that is 20% greater than the State's minimum
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wage.
6) Environmental Plan (20 points):
A) Measure 1 (10 points): The applicant's use of hybrid or electric (zero-emission) vehicles.
B) Measure 2 (10 points): The applicant's plan to minimize its carbon footprint, environmental impact, and resource needs for the transporter, including its plan to recycle cannabis product packaging.
7) Illinois Resident (90 points): Applicant is 51% or more owned and controlled by an individual or individuals who have been an Illinois resident for the past 5 years as provided by tax records and other documentary evidence as permitted by the Act.
8) Veteran Owned Business (90 points): Applicant is 51% or more owned and controlled by an individual or individuals who meet the qualifications of a veteran as defined by Section 45-57 of the Illinois Procurement Code.
9) Diversity Plan (90 points): Applicant submits a diversity plan that includes a narrative of not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity.
b) Applicants that score at least 75% of available points and meet all other requirements of a Transporter License, shall be issued a license within 60 days after the Department receives the application.
c) Applicants that were registered as medical cannabis cultivation centers prior to January 1, 2020, and who meet all other requirements for a Transporter License, shall be issued a license by the Department within 60 days after the Department receives the application. [410 ILCS 705/40-15]
Section 1300.530 License Denial and Prohibitions
a) An application for a Transporter License shall be denied if any of the following
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conditions are met:
1) The applicant failed to submit the materials required by this Part;
2) The applicant would not be in compliance with local zoning rules or permit requirements;
3) One or more of the prospective principal officers or board members violates Section 1300.595;
4) One or more of the principal officers or board members is under 21 years of age;
5) The person has submitted an application for a Transporter License that contains false information;
6) The licensee, principal officer, board member, or person having a financial or voting interest of 5% or greater in the licensee is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois. [410 ILCS 705/40-20]
b) Nothing in this Part is intended to confer a property or other right, duty, privilege or interest entitling an applicant to an administrative hearing upon denial of an application.
Section 1300.540 License Issuance and Transferability
a) Information and Plans Provided in Application Licenses are only issued for the plan as stated in the applicant's application. Should the applicant be awarded a Transporter License, the information and plans that an applicant provided in its application, shall be a mandatory condition of the permit. Any variation from or failure to perform those plans may result in discipline, including the revocation or nonrenewal of a license. [410 ILCS 705/20-20(c)]
b) License Fee Upon the notice of intent to award, the applicant must pay a fee of $10,000 to receive the Transporter License. The fee may be prorated based on the date of the license award.
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c) Transferability − Change of Business Location A Transporter License shall be issued for the specific location identified on the application, and is valid only for the owner, premises and name designated on the license and the location for which it is issued.
1) A Transporter License is not transferable to a new location without Department approval.
2) In the event that the Department approves the new location as meeting all requirements of the Act and this Part, the transporter shall have a transition period of no more than 90 days, approved by the Department, to transfer its equipment and begin operations at the new location.
A) The transition period shall not begin until the new location is in full compliance with the requirements of the Act and this Part.
B) The transporter may not transfer cannabis containers using the new location prior to the beginning date of this approved transition period.
3) Upon inspection and verification by the Department that the new location is in compliance with the Act and this Part, the Department will issue a license modification reflecting the new location. The modified license shall have the same expiration date as the previously issued license. d) Transferability − Change in Ownership A Transporter License shall be issued for the specific applicant identified in the application and shall not be transferable in whole or in part, with the following exceptions:
1) A Transporter License may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased licensee if the license was issued in the names of both of the parties;
2) A Transporter License may be transferred, without charge, to an heir of a deceased licensee other than as provided in subsection (b)(1), as determined by the Probate Act of 1975. For the purpose of considering the qualifications of the heir to receive a Transporter License, the
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Department will require a criminal background check and the heir will be subject to all other requirements of the Act and this Part;
3) The proposed change of any person or principal officer of a transporter must be reported to the Department and Department approval must be obtained before the changes are made. A fee of $250 will be charged for the processing of any such change.
e) Transferability – Sale of Business The proposed sale of any outstanding or issued stock of a corporation licensed under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department and Department approval must be obtained before the changes are made. A fee of $500 will be charged for the processing of the change of stock ownership or corporate officers or board members.
f) Non-Transferability – No Lease or Sublease A Transporter License shall not be leased or subcontracted, in whole or in part.
g) At the time of license issuance, the transporter shall have in place operating documents that shall include procedures for the oversight of the transporter, an inventory monitoring system including a physical inventory recorded weekly, accurate recording keeping, and a staffing plan. [410 ILCS 705/40-25(a)]
h) The transporter shall submit to the Department the license plate numbers, proof of insurance, and vehicle identification numbers for each vehicle being used to transport cannabis or cannabis-infused products. The Department will issue a registration certificate for each vehicle being used to transport cannabis or cannabis-infused products. Upon receipt of the registration certificate and placement of a copy of the certificate into the vehicle, the vehicle may be used for the transportation of cannabis and cannabis-infused products.
i) The transporter has a continuing duty to update and promptly disclose to the Department any changes to the information contained in the application and attachments to, and amendments of, the application.
Section 1300.550 License Renewal
a) Transporter Licenses shall be renewed annually. The Department will provide the
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licensee with written or electronic notice 90 days before the expiration of its current license that the license will expire.
b) The Department will grant a renewal within 45 days after submission of a renewal application if:
1) The transporter submits a renewal application and the required non- refundable renewal fee of $10,000;
2) The Department has not suspended or revoked the license for violating the Act or this Part;
3) The transporter has continued to operate in accordance with:
A) All plans submitted as part of its application and approved by the Department; or
B) Any amendments to those plans that have been approved by the Department;
4) The transporter has submitted an agent, employee, contracting, and subcontracting diversity report as required by the Department.
c) If a transporter fails to renew its license before expiration, it shall cease operations until its license is renewed.
d) A transporter that continues to operate after its license has expired is subject to the penalties outlined in Subpart G (Enforcement and Immunities).
e) The Department will not renew a Transporter License if the applicant or licensee is delinquent in filing any required tax returns or paying any amounts owed to the State. [410 ILCS 705/40-40]
Section 1300.560 Modifications and Alterations
a) A license shall be amended before the commencement of any modification to the plan as stated in the application.
b) Before making any modification to the plan as stated in the application, the
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transporter must complete an application for license and construction approval and submit to the Department the application with the appropriate schedules.
c) An amendment to the license shall not be required for alterations at the facility.
Section 1300.570 Background Check
a) All applications submitted by applicants with criminal convictions shall be subject to Sections 2105-131, 2105-135, and 2105-205 of the Department of Financial and Professional Regulation Law of the Civil Administrative Code of Illinois. [410 ILCS 705/5-20(c)]
b) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each transporter agent applying for a transporter agent identification card (ID card).
1) ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.
2) For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background check to the Department and that transmittal shall conclude the verification process.
3) The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).
A) Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.
B) Fingerprint images of the individual being fingerprinted by a livescan fingerprint vendor (see subsection (c)), and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.
C) Electronic transmission of fingerprint data to ISP shall be
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accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.
D) If the fingerprints are rejected by ISP, the applicant shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.
E) In the event of equipment malfunction or other special circumstance that make electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records. c) Each transporter agent applying for a transporter agent ID card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for a transporter agent ID card.
1) The transporter agent shall submit to the Department, with the cultivation agent ID card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.
2) Transporter agent ID card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed. The fingerprinting process is not completed until the Department receives the results from ISP.
3) Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking a transporter agent ID card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the ISP Services Fund. A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. d) The Department will obtain from ISP a State and federal criminal records check, to the extent allowed by law, containing conviction information for each transporter agent applying for an ID card.
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e) The Department will maintain the results of the criminal history records check in compliance the State Records Act.
f) Should the Department not be able to obtain from ISP the required State and/or federal criminal records check required by the Act and this Section, the Department will contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.
Section 1300.580 Records
a) Each transporter shall keep and maintain upon the licensed premises for a 5-year period true, complete, legible and current books and records, including but not limited to all daily inventory reports organized in a chronological manner.
b) Each transporter is responsible for keeping and maintaining records that clearly reflect all financial transactions and the financial condition of the business. The following records must be kept and maintained on the licensed premises for a 5- year period and must be made available for inspection if requested by the Department, and, when applicable, DOR:
1) Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale, and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;
2) If applicable, bank statements and canceled checks for all accounts relating to the transportation organization;
3) Accounting and tax records related to the transporter;
4) All employee records, including training, education, discipline, etc.; and
5) Records of any theft, loss or other unaccountability of any cannabis.
Section 1300.590 Agents and Identification Cards
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NOTICE OF PROPOSED RULES a) Each principal officer, board member, employee or agent of a registered transporter must apply to the Department for a transporter agent identification card. b) The transporter agent application shall be submitted electronically, and on forms provided by the Department, in accordance with the Act and this Part. The electronic application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application will be returned to the applicant. c) Along with the application, the applicant shall submit:
1) A copy of the applicant's social security card;
2) A copy of the applicant's valid driver's license or State issued identification card;
3) A document verifying the applicant's place of residency, such as a bank statement, cancelled check, insurance policy, etc. The document must contain the applicant's full residence address;
4) Verification from ISP that the applicant's background check has been conducted;
5) The application fee of $100; and
6) Any additional information requested by the Department. d) Upon receipt and verification of the information required by subsection (c), the Department will:
1) Approve or deny the application within 30 days after receipt;
2) Issue each transporter agent an ID card, within 15 business days after approval, that shall expire one year after the date of issuance;
3) Enter in its record system the registry identification number of the
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transporter where the agent works; and
4) If an applicant is delinquent in filing any required tax returns, or paying any amounts owed to the State of Illinois, deny the application. e) No person shall begin working at a transporter prior to receiving his or her transporter agent ID card. f) The transporter ID card shall contain the following:
1) The name of the cardholder;
2) The date of issuance and expiration date of the ID card;
3) A random 10-digit alphanumeric identification number containing at least 4 numbers and 4 letters that is unique to the holder;
4) A photograph of the cardholder; and
5) The legal name of the transporter employing the agent. [410 ILCS 705/40- 30(c)] g) A transporter agent must keep his or her ID card visible at all times when on the property of a cannabis business establishment, and at all times during the transportation of cannabis when acting under his or her duties as a transporter agent. h) Upon termination of employment, the transporter agent ID card shall be immediately returned to the transporter. The transporter shall promptly return the ID card to the Department. i) Any transporter agent ID card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction or theft. The fee for the issuance of a replacement identification card shall be $50. j) Transporter agent ID cards shall be renewed annually. The cost of renewal shall be $100. The Department will send electronic notice 90 days prior to expiration. k) If a transporter agent fails to renew his or her ID card before its expiration, he or
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she shall cease to work as an agent of the transporter until the ID card is renewed.
l) A transporter agent that fails to renew his or her ID card and continues to act as an agent for a transporter, shall be subject to the penalties outlined in Subpart G.
m) The Department will not renew a transporter agent ID card if the holder is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois. [410 ILCS 705/40-30(f)]
Section 1300.595 Operations
a) General Requirements
1) Each transporter shall develop and maintain an operations plan that reflects the plan stated in the licensee's application.
2) All vehicles used for the purpose of transporting cannabis containers shall be maintained in a sanitary condition.
3) Packing Cannabis Containers for Shipping A transporter shall not transport cannabis or cannabis-infused products unless it is first packed in a cannabis container by the shipping cannabis business establishment.
4) Transportation of Cannabis Containers – Daily Inventory Once the transporter receives a cannabis container, it must create a daily inventory. The report must include:
A) The name of the cannabis business establishment that provided a cannabis container for pick-up, the name of the agent who provided the containers and the time and location of pick-up;
B) A notation of the traceable information located on the cannabis container, including the type of cannabis and weight; and
C) Upon the completion of the delivery, the name of the cannabis business establishment where the cannabis container was delivered, the name of the agent receiving the delivery, and the time and location of delivery.
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5) A transporter agent shall not open a cannabis container. Once a cannabis container is packed and sealed for delivery, only the following may open a cannabis container:
A) The cannabis business establishment that initiated a request to ship;
B) The cannabis business establishment intended for delivery;
C) Local, State or federal law enforcement; or
D) An employee of DFPR or the Department.
6) No person under the age of 21 years shall be in a commercial vehicle or trailer transporting cannabis. [410 ILCS 705/40-25(f)]
7) No person or individual who is not a transporter agent shall be in a vehicle while transporting cannabis goods. [410 ILCS 705/40-25(g)]
8) A transporter may not use commercial motor vehicles with a weight rating over 10,001 pounds. [410 ILCS 705/40-25(h)]
9) A copy of the transporter's registration and a manifest for the delivery shall be present in any vehicle transporting cannabis. [410 ILCS 705/40- 25(k)]
10) Cannabis or cannabis-infused products shall be transported so it is not visible or recognizable from outside the vehicle. [410 ILCS 705/40-25(l)]
11) Only vehicles that have a license plate number and vehicle identification number on file with the Department and that have been issued a vehicle registration may be used to transport cannabis.
12) A vehicle transporting cannabis must not:
A) Bear any markings to indicate the vehicle contains cannabis; or
B) Bear the name or logo of the cannabis business establishment.
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[410 ILCS 705/40-25(m)]
13) Cannabis must be transported in a cannabis container. The cannabis container must be transported in an enclosed, locked storage compartment that is secured or affixed to the vehicle. [410 ILCS 705/40-25(n)]
14) Transporters shall not transport cannabis or cannabis products across state lines.
15) All vehicles transporting cannabis must be equipped with a Global Positioning System (GPS) based tracking device. The GPS tracking device shall be capable of allowing the transporter to track the vehicles at all times. The GPS tracking system shall also be able to store historic data (for no less than 12 months) and shall permit the Department to search all real-time and archived data upon request.
b) Transporters are subject to random inspections by the Department, DPH, and ISP. [410 ILCS 705/40-25(d)]
c) A transporter agent shall notify local law enforcement, ISP, and the Department within 24 hours after the discovery of any loss or theft. Notification shall be made by telephone, in person, or by written or electronic communication. [410 ILCS 705/40-25(e)]
SUBPART G: ENFORCEMENT AND IMMUNITIES
Section 1300.600 Investigations
a) The Department or its designee may conduct an investigation for the purpose of investigating an applicant or application, a cultivation center, a craft grower, an infuser, a transporter, their agents, or any other party for an alleged violation of the Act or this Part or to determine qualifications to be granted a license or ID card by the Department.
b) The Department may require an applicant, a cultivation center, a craft grower, an infuser, a transporter, and/or their agents, to produce relevant documents, records or any other material pertinent to the investigation of alleged violations of the Act or this Part or to determine qualifications to be granted a license or ID card by the Department. Failure to provide that material shall be grounds for refusal to issue
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license or ID card, and may be grounds for license or ID card suspension or revocation.
c) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department may suspend, place on probation, reprimand, issue cease and desist orders, refuse to issue or renew, or revoke a license or ID card, or take any other disciplinary or non-disciplinary action as the Department may deem proper with regards to the requirements of the Act.
d) The Department will, before refusing to issue or renew a license or ID card or before seeking to discipline a licensee or agent, set a hearing date and at least 30 days prior to the hearing, provide written notice of the charges made and notice of the time and place for the hearing on the charges. The written notice may be served by delivery personally to the accused, or by mailing the notice by registered or certified mail to the physical address on record. This provision does not apply to emergency situations as described in Section 1300.610(b).
e) At any point in any investigation or disciplinary proceeding provided for in the Act and this Section, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of both parties.
f) In appropriate cases, the Department may resolve a complaint against a licensee, or agent through the issuance of a Consent to Administrative Supervision order. A licensee or agent subject to a Consent to Administrative Supervision order shall be considered by the Department as an active licensee or agent in good standing. This order shall not be reported or considered by the Department to be a discipline of the licensee or agent. The records regarding an investigation and a Consent to Administrative Supervision order shall be considered confidential and shall not be released by the Department except as mandated by law. A complainant shall be notified if his or her complaint has been resolved by a Consent to Administrative Supervision order.
g) In the case where an entity that is not licensed under the Act, violates the Act, the Department may refer the matter to the Illinois Attorney General's Office, and/or to the local States Attorney's office for injunctive relief, other civil relief and/or criminal prosecution.
Section 1300.610 License Suspension
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NOTICE OF PROPOSED RULES a) Violation of any provision of the Act or this Part, or failure to comply with any standard or special conditions of the issued license or agent ID card, may result in a notice of intent to suspend the license or ID card. b) The Department may suspend a licensee or agent ID card when it receives notice from DOR of:
1) Failure to file a tax return;
2) Filing of a fraudulent tax return;
3) Failure to pay all or part of any tax or penalty finally determined to be due;
4) Failure to keep books and records;
5) Failure to secure and display a certificate or sub-certificate of registration, if required; or
6) Willful violation of any rule or regulation of the Department relating to the administration and enforcement of tax liability. c) After all violations of subsection (b) have been corrected or resolved, the Department will, upon request of the applicant or, if not requested, may notify the entities listed in subsection (e) that the violations have been corrected or resolved. Upon receiving notice that all violations of subsection (b) have been corrected or otherwise resolved to DOR's satisfaction, the Department may issue or renew the license or agent ID card or vacate an order of suspension. d) Emergency Suspension – No Hearing The Department may temporarily suspend a license or agent ID card without a hearing, simultaneously with the institution of proceedings for a hearing, if the Department finds that the public interest, safety or welfare requires emergency action. In the event that the Department temporarily suspends a licensee or agent without a hearing, a hearing shall be held within 30 days after the suspension has occurred. The suspended party may seek a continuance of the hearing, during which the suspension shall remain in effect. The proceeding shall be concluded without appreciable delay. If the Department does not hold a hearing within 30
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days after the date of the suspension, and the licensee or agent has not requested a continuance, the license or agent ID card shall be automatically reinstated.
e) Immediately upon the suspension or reinstatement of a license or agent ID card, the Department will make written notification to ISP, DFPR and DOR of the status of license or agent ID card. If the suspension involves suspected criminal activity, the Department will make available to ISP all documents or electronic communications involving the suspected criminal activity. If suspected criminal activity is confirmed or independently discovered by ISP, notification will be made to the Department.
Section 1300.620 License Revocation
a) Violation of any provision of the Act or this Part, or failure to comply with any standard or special conditions of the issued license or agent ID card, may result in a notice of intent to revoke the license or agent ID card.
b) The Department may revoke a licensee or agent ID card when it receives notice from DOR of:
1) Failure to file a tax return;
2) Filing of a fraudulent tax return;
3) Failure to pay all or part of any tax or penalty finally determined to be due;
4) Failure to keep books and records;
5) Failure to secure and display a certificate or sub-certificate of registration, if required; or
6) Willful violation of any rule or regulation of the Department relating to the administration and enforcement of tax liability.
c) After all violations of subsection (b) have been corrected or resolved, the Department will, upon request of the applicant or on its own volition, may notify the entities listed in subsection (d) that the violations have been corrected or resolved. Upon receiving notice that all violations of subsection (b) have been
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corrected or otherwise resolved to DOR's satisfaction, the Department may issue or renew the license or agent ID card, or vacate an order of revocation.
d) Immediately upon the revocation of a license or agent ID card, the Department will make written notification to ISP, DFPR and DOR of the status of the license or agent ID card. If the revocation involves suspected criminal activity, the Department will make available to ISP all documents or electronic communications involving the suspected criminal activity. If suspected criminal activity is confirmed or independently discovered by ISP, notification will be made to the Department.
Section 1300.630 Fines
a) The Department may impose fines, not to exceed $50,000 for each violation, for any violations of the Act by a cultivation center or a cultivation center agent.
b) The Department may impose fines, not to exceed $15,000 for each violation, for any violations of the Act by a craft grower or a craft grower agent.
c) The Department may impose fines, not to exceed $10,000 for each violation, for any violation of the Act by an infuser or infuser agent.
d) The Department may impose fines, not to exceed $10,000 for each violation, for any violations of the Act by a transporter or a transporter agent.
e) In a case where a licensed cannabis business establishment notifies the Department of a violation at its premises, initiating an investigation, and cooperates fully with the Department through the investigation process, the fine shall be limited to an amount not to exceed $2,000.
Section 1300.640 Administrative Hearings
a) Any hearing conducted by the Department pursuant to the Act shall be conducted in accordance with the Department's rules applicable to formal administrative proceedings (8 Ill. Adm. Code 1.Subparts A and B). All hearings shall be held in Springfield, Illinois. All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law and 8 Ill. Adm. Code 1.Subpart B. The term "administrative decision" is defined in Section 3-101 of the Code of Civil Procedure.
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b) The Record If any final Department action is appealed in Circuit Court pursuant to this Section, the record on review shall include the following:
1) The application or petition submitted;
2) Any written documentation considered by the Department in making its final decision with respect to the application or petition;
3) Any written correspondence between the Department and the person or entity submitting the application or petition, provided that the correspondence either played a material role in the final decision rendered by the Department; made a material argument to the Department with respect to the application or petition; or would be helpful to the Circuit Court in reviewing the matter because the correspondence provides helpful procedural background;
4) The transcript of any administrative hearing and any documents or other evidence submitted at the hearing.
Section 1300.650 Petition for Rehearing
The respondent in any contested case may request reconsideration of any part or all of the decision of the administrative law judge on any petition or may request the Director to stay the effective date of any administrative action for a specific period or for an indefinite period. A petition for reconsideration or stay of action shall be submitted within 30 days after the date of the administrative law judge's decision on the case. A petition for reconsideration or stay of action submitted later than 30 days after the date of the decision involved shall be denied as untimely.
SUBPART H: LABORATORY TESTING
Section 1300.700 Laboratory Testing
a) Immediately prior to manufacturing or natural processing of any cannabis or cannabis-infused product or packaging cannabis for sale to a dispensary, each batch shall be made available at the cultivation center, craft grower, or infuser, for
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an employee of an approved laboratory to select a random sample, which shall be tested by the approved laboratory for:
1) Microbiological contaminants;
2) Mycotoxins;
3) Pesticide active ingredients;
4) Residual solvent;
5) Heavy metals; and
6) An active ingredient analysis. b) The Department may select a random sample that, for the purposes of conducting an active ingredient analysis, shall be tested by the Department for verification of label information. c) A representative sample must be a minimum sample volume of .5% of the batch. d) Batch limits for cured flower are limited to a maximum of 20 pounds. e) A representative sample shall be taken from each final batch of product and must pass all testing requirements before offered for sale to the public. f) A laboratory shall immediately return or dispose of any cannabis upon the completion of any testing, use or research. If cannabis is disposed of, it shall be done in compliance with 8 Ill. Adm. Code 100.460. g) If a sample of cannabis does not pass the microbiological, mycotoxin, pesticide chemical residue, heavy metals, or solvent residue test, based on the standards set forth in this Section, the following shall apply:
1) If the sample failed the pesticide chemical residue test, the entire batch from which the sample was taken shall be recalled, as provided for in 8 Ill. Adm. Code 1000.410(c)(1), if applicable, and disposed of in accordance with Subpart I (Destruction of Cannabis).
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2) If the sample failed any other test, the batch may be used to make a CO2 or solvent based extract. After processing, the CO2 or solvent based extract must still pass all required tests. h) Microbiological Test
1) For purposes of the microbiological test, a cannabis sample shall be deemed to have passed if it satisfies the recommended microbial and fungal limits for cannabis products in colony forming units per gram (CFU/g) set out in the American Herbal Pharmocopoeia Monograph Table, as follows:
Total Total Total Bile-tolerant E. coli viable yeast and coliforms gram-negative (pathogenic aerobic mold bacteria strains) and bacteria Salmonella spp. 4 3 2 2 CO2 and 10 10 10 10 Not detected solvent in 1 g based extracts
2) Unprocessed materials include minimally processed crude cannabis preparations, such as inflorescences, accumulated resin glands (kief), and compressed resin glands (hashish). Processed materials include various solid or liquid infused edible preparations, oils, topical preparations, and water-processed resin glands (bubble hash). i) Mycotoxin Test. For purposes of the mycotoxin test, a cannabis sample shall be deemed to have passed if it meets the following standards:
Test Specification Aflatoxin B1 <20 µg/kg of substance Aflatoxin B2 <20 µg/kg of substance Aflatoxin G1 <20 µg/kg of substance Aflatoxin G2 <20 µg/kg of substance Ochratoxin A <20 µg/kg of substance
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NOTICE OF PROPOSED RULES j) Heavy Metals Test. For the purposes of the heavy metals test, a cannabis sample shall be deemed to have passed if it meets the following standards:
Heavy Metal Specification
Lead <0.5 ppm for all products Inorganic Arsenic <0.2 ppm for inhaled products <1.5 ppm for other products Mercury <0.1 ppm for inhaled products <3.0 ppm for other products Cadmium <0.2 ppm for inhaled products <0.5 ppm for other products Chromium <0.6 ppm for inhaled products <2.0 ppm for other products k) Pesticide Chemical Residue Test. For purposes of the pesticide chemical residue test, a cannabis sample shall be deemed to have passed if it satisfies the most stringent acceptable standard for a pesticide chemical residue in any food item, as set forth in subpart C of USEPA's regulations for Tolerances and Exemptions for Pesticide Chemical Residues in Food (40 CFR 180 (2014)). l) Residue Solvent Test. For purposes of the residue solvent test, a cannabis sample shall be below 10 ppm. m) The laboratory shall file with the Department an electronic copy, at the same time that it transmits those results to the cultivation center, of each laboratory test result for any batch that does not pass the microbiological, mycotoxin, heavy metals, or pesticide chemical residue test. In addition, the laboratory shall maintain the laboratory test results for at least 5 years and make them available at the Department's request. n) A cultivation center shall provide to a dispensary organization the laboratory test results for each batch of cannabis product purchased by the dispensary organization, if sampled. Each dispensary organization shall have those laboratory results available upon request from purchasers of cannabis and cannabis products.
SUBPART I: DESTRUCTION OF CANNABIS
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Section 1300.800 Scope
a) "Cannabis waste" means all cannabis byproduct, scrap, harvested cannabis, and cannabis-infused products not intended for distribution to a dispensing organization.
b) Cannabis waste must be destroyed and disposed of in accordance with this Part.
c) Types of Waste
1) Cannabis Waste. Cannabis waste must be stored, secured, locked and managed in accordance with State regulations and as submitted and approved in the cultivation center's Operations and Management Practices Plan.
2) Liquid Waste. Liquid waste from a cultivation center shall be disposed of in compliance with the Illinois Environmental Protection Act and 35 Ill. Adm. Code.
3) Hazardous Waste. Disposal of hazardous and chemical waste must be conducted in a manner consistent with federal, State and local laws.
d) Cannabis waste must be rendered unusable following the methods set forth in Section 1300.820 prior to leaving a cultivation center. Disposal of the cannabis waste rendered unusable must follow the methods in Section 1300.840.
Section 1300.810 Notice to the Department
a) A cultivation center, craft grower, or infuser shall, before destruction, notify the Department and ISP. [710 ILCS 705/55-15(b)] Upon receiving notice, the Department may require that an employee of the Department be present to witness the destruction.
b) A cultivation center, craft grower, or infuser shall provide the Department and ISP, through the traceability system (see 8 Ill. Adm. Code 1000.400), a minimum of 7 days' notice prior to rendering the product unusable and disposing of the product.
Section 1300.820 Method of Destruction
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a) The allowable method to render cannabis waste unusable is by grinding and incorporating the cannabis plant waste with other ground materials so the resulting mixture is at least 50% non-cannabis waste by volume. Other methods to render cannabis waste unusable must be approved by the Department before implementation. Material used to grind with the cannabis falls into 2 categories: compostable waste and noncompostable waste.
1) Compostable Mixed Waste: Cannabis waste to be disposed of as compost, feedstock or in another organic waste method (e.g., anaerobic digester) may be mixed with the following types of waste materials:
A) Food waste;
B) Yard waste;
C) Vegetable based grease or oils; or
D) Other wastes approved by the Department (e.g., agricultural material, biodegradable products and paper, clean wood, fruits and vegetables, plant matter).
2) Noncompostable Mixed Waste: Cannabis waste to be disposed of in a landfill or another disposal method (e.g., incinerator) may be mixed with the following types of waste materials:
A) Paper waste;
B) Cardboard waste;
C) Plastic waste;
D) Soil; or
E) Other wastes approved by the Department (e.g., nonrecyclable plastic, broken glass, leather).
ILLINOIS REGISTER 3785 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
b) Once cannabis byproduct, scrap, cannabis and cannabis-infused products are incorporated with nonconsumable solid waste (i.e., destroyed), it shall be defined as "cannabis waste".
Section 1300.830 Records
The cultivation center, craft grower and infuser shall keep a record of the date of destruction and how much was destroyed [410 ILCS 705/55-15(c)]. The cultivation center, craft grower, and infuser shall also keep a record of the date of disposal of cannabis waste. The records for destruction and disposal shall be maintained for 5 years.
Section 1300.840 Disposal
a) Cannabis waste may not be sold.
b) Cannabis waste rendered unusable following the methods described in this Section may be disposed of in the manner provided in this subsection (b). Disposal of the cannabis waste rendered unusable may be delivered to a permitted solid waste facility for final disposition. Examples of acceptable permitted solid waste facilities include:
1) Compostable Mixed Waste: Compost, anaerobic digester, or other facility with approval of the jurisdictional health department;
2) Noncompostable Mixed Waste: Landfill, incinerator, or other facility with approval of the jurisdictional health department.
c) All waste and unusable product shall be weighed, recorded and entered into the inventory system prior to mixing and disposal. Verification of this event shall be performed by a supervisor and conducted in an area with video surveillance.
SUBPART J: CANNABIS PACKAGING AND LABELING
Section 1300.900 Registration
Each cannabis product produced for sale shall be registered with the Department on forms provided by the Department. Each product registration shall include a label and the required registration fee. [410 ILCS 705/55-21(a)]
ILLINOIS REGISTER 3786 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Section 1300.910 Registration Fee
a) The registration fee is for the name of the product offered for sale and one fee shall be sufficient for all package sizes. [410 ILCS 705/55-21(a)]
b) The fee to register a product with the Department shall be $100 per product name.
Section 1300.920 Container and Packaging Requirements
a) All harvested cannabis intended for distribution to a cannabis enterprise must be packaged in a sealed, labeled container. [410 ILCS 705/55-21(b)]
b) Any product containing cannabis shall be packaged in a sealed, odor-proof, and child-resistant cannabis container consistent with current standards, including the Consumer Product Safety Commission standards referenced by the Poison Prevention Act. [410 ILCS 705/55-21(c)]
c) All cannabis-infused products shall be individually wrapped or packaged at the original point of preparation. The packaging of the cannabis-infused product shall conform to the labeling requirements of the Illinois Food, Drug and Cosmetic Act, in addition to the other requirements set forth in this Section. [410 ILCS 705/55-21(d)]
d) Each cannabis-infused product intended for consumption must be individually packaged, must include the total milligram content of THC and CBD, and may not include more than a total of 100 milligrams of THC per package. A package may contain multiple servings of 10 milligrams of THC, and indicated by scoring, wrapping, or by other indicators designating individual serving sizes. [410 ILCS 705/55-21(k)]
Section 1300.930 Labeling Requirements
a) The requirements of this Section are effective beginning on July 1, 2020. Prior to July 1, 2020, all licensees shall conform with the requirements set forth in 8 Ill. Adm. Code 1000.420, which are incorporated by reference in Section 1300.10.
b) Each cannabis product shall be labeled before sale and each label shall be securely affixed to the package and shall state in legible English and Spanish:
ILLINOIS REGISTER 3787 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
1) The name and post office box of the registered cultivation center or craft grower where the item was manufactured;
2) The common or usual name of the item and the registered name of the cannabis product that was registered with the Department under Section 1300.900;
3) A unique serial number that will match the product with a cultivation center or craft grower batch and lot number to facilitate any warnings or recalls the Department, cultivation center, or craft grower deems appropriate;
4) The date of final testing and packaging, if sampled, and the identification of the independent testing laboratory;
5) The date of harvest and "use by" date;
6) The quantity (in ounces or grams) of cannabis contained in the product;
7) A pass/fail rating based on the laboratory's microbiological, mycotoxins, and pesticide and solvent residue analyses, if sampled; and
8) A content list that includes:
A) The minimum and maximum percentage content by weight for:
i) delta-9-tetrahydrocannabinol (THC);
ii) tetrahydrocannabinolic acid (THCA);
iii) cannabidiol (CBD); and
iv) cannabidiolic acid (CBDA).
B) All other ingredients of the item, including any colors, artificial flavors, and preservatives, listed in descending order by predominance of weight shown with common or usual names.
ILLINOIS REGISTER 3788 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
C) The acceptable tolerances for the minimum percentage printed on the label for any of subsection (b)(8)(A) shall not be below 85% or above 115% of the labeled amount. [410 ILCS 705/55-21(e)] c) Packaging must not contain information that:
1) Is false or misleading;
2) Promotes excessive consumption;
3) Depicts a person under 21 years of age consuming cannabis;
4) Includes the image of a cannabis leaf;
5) Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any packaging or labeling that bears reasonable resemblance to any product available for consumption as a commercially available candy, or that promotes consumption of cannabis; or
6) Contains any seal, flag, crest, coat of arms, or other insignia likely to mislead the purchaser to believe that the product has been endorsed, made, or used by the State of Illinois or any of its representatives except where authorized by this Part. [410 ILCS 705/55-21(f)] d) Cannabis products produced by concentrating or extracting ingredients from the cannabis plant shall contain the following information, when applicable:
1) If solvents were used to create the concentrate or extract, a statement that discloses the type of extraction method, including any solvents or gases used to create the concentrate or extract; and
2) Any other chemicals or compounds used to produce or were added to the concentrate or extract. [410 ILCS 705/55-21(g)] e) No individual other than the purchaser may alter or destroy any labeling affixed to the primary packaging of cannabis or cannabis-infused products. [410 ILCS 705/55-21(l)]
ILLINOIS REGISTER 3789 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Section 1300.940 Warnings
a) All cannabis products must contain warning statements established for purchasers, of a size that is legible and readily visible to a consumer inspecting a package, which may not be covered or obscured in any way. DPH shall define and update appropriate health warnings for packages including specific labeling or warning requirements for specific cannabis products. [410 ILCS 705/55-21(h)]
b) Cannabis products must contain the following warnings:
1) "This product contains cannabis and is intended for use by adults 21 and over. Its use can impair cognition and may be habit forming. This product should not be used by pregnant or breastfeeding women. It is unlawful to sell or provide this item to any individual, and it may not be transported outside the State of Illinois. It is illegal to operate a motor vehicle while under the influence of cannabis. Possession or use of this product may carry significant legal penalties in some jurisdictions and under federal law." [410 ILCS 705/55-21(i)]
2) Cannabis that may be smoked must contain a statement that "Smoking is hazardous to your health."
3) Cannabis-infused products (other than those intended for topical application) must contain a statement "CAUTION: This product contains cannabis, and intoxication following use may be delayed 2 or more hours. This product was produced in a facility that cultivates cannabis, and that may also process common food allergens."
4) Cannabis-infused products intended for topical application must contain a statement "DO NOT EAT" in bold, capital letters. [410 ILCS 705/55- 21(j)]
ILLINOIS REGISTER 3790 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Section 1300.APPENDIX A Authorized Pesticides
The following is a list of pesticide active ingredients the Department has approved for use on cannabis plants. The pesticide product shall be registered with the Department under the Illinois Pesticide Control Act.
Signal Label Type Word Active Ingredient Concentration
Insect Repellent Caution Azadirachtin 0.09% Insecticide Caution Azadirachtin 0.09% Insecticide Caution Azadirachtin 0.60% Nematicide Caution Azadirachtin 0.60% Fungicide Caution Azadirachtin 0.70% Insect Repellent Caution Azadirachtin 0.70% Insecticide Caution Azadirachtin 0.70% Nematicide Caution Azadirachtin 0.70% Insecticide Caution Azadirachtin 1.00% Insect Repellent Caution Azadirachtin 1.20% Insecticide Caution Azadirachtin 1.20% Nematicide Caution Azadirachtin 1.20% Insecticide Caution Azadirachtin 3.00% Nematicide Caution Azadirachtin 3.00% Nematicide Warning Azadirachtin 3.00% Insect Repellent Caution Azadirachtin 4.50% Insecticide Caution Azadirachtin 4.50% Insecticide Caution Azadirachtin 6.00% Nematicide Caution Azadirachtin 6.00% Fungicide Caution Bacillus pumilus strain GHA 180 0.00% PGR − Growth Stimulator Caution Bacillus pumilus strain GHA 180 0.00% Fungicide Caution Bacillus subtilis MBI 600 0.00% PGR − General Caution Bacillus subtilis MBI 600 0.00% Fungicide Caution Bacillus subtilis MBI 600 9.90% Fungicide Caution Bacillus subtilis GB03 0.03% Fungicide Caution Bacillus subtilis QST713 Strain 0.07% Fungicide Caution Bacillus subtilis QST713 Strain 1.34%
ILLINOIS REGISTER 3791 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Fungicide Caution Bacillus subtilis QST713 Strain 14.60% Fungicide Caution Bacillus subtilis var. amyloliquefaciens 25.00% strain D747 TGAI Fungicide Caution Bacillus subtilis var. amyloliquefaciens 98.85% strain D747 TGAI Insecticide Caution Bacillus thuringiensis ssp. aizawai 54% Insecticide Caution Bacillus thuringiensis ssp. israelensis 6.38% Insecticide Caution Bacillus thuringiensis ssp. kurstaki 1 17.19% Insecticide Caution Bacillus thuringiensis ssp. kurstaki 1 54% Insecticide Caution Bacillus thuringiensis ssp. kurstaki 1 58.20% Insecticide Caution Bacillus thuringiensis ssp. kurstaki 7841 40.00% Insecticide Caution Bacillus thuringiensis ssp. kurstaki 9.83% strain SA-12 Insecticide Caution Canola Oil 1.00% Insecticide Caution Canola Oil 89.50% Fungicide Caution Canola Oil 96.00% Insecticide Caution Canola Oil 96.00% Insecticide Caution Chromobacterium sub strain PRAA4-1 30.00% cells Insecticide Caution Chromobacterium sub strain PRAA4-1 94.50% cells Insect Repellent Caution Cinnamon 0.03% Insecticide Caution Cinnamon 0.03% Fungicide Caution Cinnamon Oil 0.20% Insect Repellent None Cinnamon Oil 0.20% Insecticide Caution Cinnamon Oil 0.20% Insecticide None Cinnamon Oil 0.20% Fungicide Caution Cinnamon Oil 4% Insecticide Caution Cinnamon Oil 4% Insecticide Caution Citric Acid 0.10% Fungicide Danger Citric Acid 99% Insecticide Warning Citronella Oil 0.42% Fungicide Caution Clarified Hydrophobic Extract of Neem 70.00% Oil Insecticide Caution Clarified Hydrophobic Extract of Neem 70.00% Oil
ILLINOIS REGISTER 3792 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Fungicide Caution Copper Octanoate 0.08% Fungicide Caution Copper Octanoate 10% Fungicide Caution Corn Oil 0.30% Fungicide Caution Corn Oil 30% Fungicide Caution Cottonseed Oil 0.30% Insecticide Caution Cottonseed Oil 0.40% Fungicide Caution Cottonseed Oil 3% Insecticide Caution Cottonseed Oil 3% Fungicide Caution Cottonseed Oil 30% Insecticide Caution Cottonseed Oil 40% PGR − Crop Quality Caution Cytokinins 0.01% PGR − General Caution Cytokinins 0.01% PGR − Growth Stimulator Caution Cytokinins 0.02% Nematicide Caution Dried Ferm. Slds/Slbs of Myrothecium 90% verrucaria Insecticide Warning Farnesol 0.17% Insect Repellent Caution Garlic Oil/Powder 0.03% Insecticide Caution Garlic Oil/Powder 0.03% Insecticide Caution Garlic Oil/Powder 0.10% Fungicide Caution Garlic Oil/Powder 0.23% Fungicide Caution Garlic Oil/Powder 3.00% Insecticide Caution Garlic Oil/Powder 10% Insect Repellent Caution Garlic Oil/Powder 20.00% Invertebrate Control Caution Garlic Oil/Powder 20.00% Vertebrate Repellent Caution Garlic Oil/Powder 20.00% Fungicide Caution Garlic Oil/Powder 23% Insecticide Caution Geraniol 0.30% Insecticide Warning Geraniol 0.42% PGR − Crop Quality Caution Gibberellic Acid 0.00% PGR − General Caution Gibberellic Acid 0.00% PGR − Crop Quality Warning Gibberellic Acid 4% PGR − General Caution Gibberellic Acid 4.00% PGR − Crop Quality Caution Gibberellic Acid 20% PGR − General Caution Gibberellic Acid 20% PGR − Growth Stimulator Caution Gibberellic Acid 20.00%
ILLINOIS REGISTER 3793 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Fungicide Caution Gliocladium virens G-21 12% Algaecide Slimicide Danger Hydrogen Peroxide (Dioxide) 5.34% Fungicide Danger Hydrogen Peroxide (Dioxide) 5.34% Algaecide Slimicide Danger Hydrogen Peroxide (Dioxide) 26.50% Fungicide Danger Hydrogen Peroxide (Dioxide) 26.50% Algaecide Slimicide Danger Hydrogen Peroxide (Dioxide) 27.00% Algaecide Slimicide Danger Hydrogen Peroxide (Dioxide) 27.00% Disinfectant Danger Hydrogen Peroxide (Dioxide) 27.00% Fungicide Danger Hydrogen Peroxide (Dioxide) 27.00% Algaecide Slimicide Danger Hydrogen Peroxide (Dioxide) 27.10% Fungicide Danger Hydrogen Peroxide (Dioxide) 27.10% Herbicide Danger Hydrogen Peroxide (Dioxide) 27.10% Algaecide Slimicide Danger Hydrogen Peroxide (Dioxide) 33.00% Disinfectant Danger Hydrogen Peroxide (Dioxide) 33.00% Fungicide Danger Hydrogen Peroxide (Dioxide) 33.00% PGR − Crop Quality Caution IBA (Indole-3-Butyric Acid) 0.01% PGR − General Caution IBA (Indole-3-Butyric Acid) 0.01% Fungicide Caution IBA (Indole-3-Butyric Acid) 0.01% PGR − General Caution IBA (Indole-3-Butyric Acid) 0.10% PGR − Growth Stimulator Caution IBA (Indole-3-Butyric Acid) 0.10% PGR − Growth Stimulator Caution IBA (Indole-3-Butyric Acid) 0.30% PGR − Growth Stimulator Caution IBA (Indole-3-Butyric Acid) 0.31% PGR − Growth Stimulator Caution IBA (Indole-3-Butyric Acid) 0.47% PGR − Growth Stimulator Caution IBA (Indole-3-Butyric Acid) 0.54% PGR − Growth Stimulator Caution IBA (Indole-3-Butyric Acid) 0.80% PGR − Growth Stimulator Caution IBA (Indole-3-Butyric Acid) 20.00% Invertebrate Control Caution Iron Phosphate (FePO4) 1.00% Insecticide Caution Isaria fumosorosea 20% Fungicide Caution Jojoba Oil 97.50% Insecticide Caution Jojoba Oil 97.50% Fungicide Caution Kaolin 95.00% Insecticide Caution Kaolin 95.00% PGR − General Caution Kaolin 95.00% Vertebrate Repellent Caution Kaolin 95.00% Fungicide Caution Mineral Oil/Petroleum Distillate 98.00%
ILLINOIS REGISTER 3794 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Insecticide Caution Mineral Oil/Petroleum Distillate 98.00% Insecticide Caution Mineral Oil/Petroleum Distillate 98.80% Insecticide Caution Mineral Oil/Petroleum Distillate Light 1.00% Fungicide Caution Mineral Oil/Petroleum Distillate Light 80% Insecticide Caution Mineral Oil/Petroleum Distillate Light 80% Insecticide Caution Mineral Oil/Petroleum Distillate Light 90.00% Desiccant Caution Mineral Oil/Petroleum Distillate Light 98% Fungicide Caution Mineral Oil/Petroleum Distillate Light 98.00% Insecticide Caution Mineral Oil/Petroleum Distillate Light 98.00% Fungicide Caution Mineral Oil/Petroleum Distillate Light 98.40% Insecticide Caution Mineral Oil/Petroleum Distillate Light 98.40% Fungicide Caution Monopotassium Phosphate 40.80% Fungicide Caution Monopotassium Phosphate 100% Fungicide Caution Neem Oil Cold Pressed 65.80% Insect Repellent Caution Neem Oil Cold Pressed 65.80% Insecticide Caution Neem Oil Cold Pressed 65.80% Nematicide Caution Neem Oil Cold Pressed 65.80% Insect Repellent Caution Neem Oil Cold Pressed 100.00% Insecticide Caution Neem Oil Cold Pressed 100.00% Insecticide Warning Nerolidol 0.42% Fungicide Caution Oil of Clove 0.10% Insecticide Caution Oil of Clove 0.10% Fungicide Caution Oil of Clove 0.20% Insect Repellent None Oil of Clove 0.20% Insecticide Caution Oil of Clove 0.20% Insecticide None Oil of Clove 0.20% Insect Repellent Caution Oil of Clove 1.50% Insecticide Caution Oil of Clove 1.50% Fungicide Caution Oil of Clove 2% Insecticide Caution Oil of Clove 2% Fungicide Caution Oil of Clove 10.00% Herbicide Caution Oil of Clove 10.00% Insecticide Caution Oil of Clove 20% Fungicide Caution Oil of Rosemary 0.05% Insect Repellent Caution Oil of Rosemary 0.05%
ILLINOIS REGISTER 3795 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Insecticide Caution Oil of Rosemary 0.05% Fungicide Caution Oil of Rosemary 0.10% Insecticide Caution Oil of Rosemary 0.10% Insect Repellent Caution Oil of Rosemary 0.23% Insect Repellent Caution Oil of Rosemary 0.53% Insecticide Caution Oil of Rosemary 0.53% Insecticide Caution Oil of Rosemary 0.80% Fungicide Caution Oil of Rosemary 2% Insect Repellent Caution Oil of Rosemary 2.00% Insecticide Caution Oil of Rosemary 2% Insect Repellent Caution Oil of Rosemary 10.00% Insecticide Caution Oil of Rosemary 10.00% Fungicide Caution Oil of Rosemary 18.00% Herbicide Caution Oil of Rosemary 18.00% Fungicide None Oil of Sesame 0.10% Insecticide None Oil of Sesame 0.10% Fungicide Caution Oil of Sesame 5% Insecticide Caution Oil of Sesame 5% Insecticide None Oil of Sesame 5.00% Fungicide Caution Oil of Thyme 0.10% Insecticide Caution Oil of Thyme 0.10% Fungicide Caution Oil of Thyme 1.20% Fungicide Caution Oil of Thyme 2% Insecticide Caution Oil of Thyme 2% Fungicide Caution Oil of Thyme 4% Fungicide Caution Oil of Thyme 10.00% Herbicide Caution Oil of Thyme 10.00% Algaecide Slimicide Caution Oregano Oil 1.00% Fungicide Caution Oregano Oil 1.00% Herbicide Caution Oregano Oil 1.00% Insect Repellent Caution Peppermint 0.04% Insecticide Caution Peppermint 0.04% Insecticide Caution Peppermint 0.40% Insecticide Caution Peppermint 0.80% Insecticide Caution Peppermint 2.00%
ILLINOIS REGISTER 3796 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Algaecide Slimicide Danger Peroxyacetic Acid 1.36% Fungicide Danger Peroxyacetic Acid 1.36% Algaecide Slimicide Danger Peroxyacetic Acid 2.00% Fungicide Danger Peroxyacetic Acid 2.00% Herbicide Danger Peroxyacetic Acid 2.00% Algaecide Slimicide Danger Peroxyacetic Acid 4.90% Fungicide Danger Peroxyacetic Acid 4.90% Fungicide Caution Phosphorous Acid Mono- And Di- 28.10% Potassium, Salts of Fungicide Caution Phosphorous Acid Mono- And Di- 45.50% Potassium, Salts of Fungicide Caution Phosphorous Acid Mono- And Di- 45.80% Potassium, Salts of Fungicide Caution Phosphorous Acid Mono- And Di- 53% Potassium, Salts of Fungicide Caution Phosphorous Acid Mono- And Di- 53.60% Potassium, Salts of Fungicide Caution Phosphorous Acid Mono- And Di- 56.00% Potassium, Salts of PGR − General Caution Phosphorous Acid Mono- And Di- 56.00% Potassium, Salts of Fungicide Caution Phosphorous Acid Mono- And Di- 56.20% Potassium, Salts of Fungicide Caution Phosphorous Acid Mono- And Di- 57.00% Potassium, Salts of Fungicide Caution Phosphorous Acid Mono- And Di- 99.00% Potassium, Salts of Fungicide Caution Piperonyl Butoxide 2.50% Insecticide Caution Piperonyl Butoxide 2.50% Insecticide Caution Piperonyl Butoxide 4.00% Insecticide Caution Piperonyl Butoxide 16.00% Insect Repellent Caution Piperonyl Butoxide 60.00% Insecticide Caution Piperonyl Butoxide 60.00% Fungicide Caution Potassium Bicarbonate 81.90% Fungicide Caution Potassium Bicarbonate 85.00% Insecticide Caution Potassium Laurate 1% Insecticide Caution Potassium Laurate 1.02%
ILLINOIS REGISTER 3797 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Fungicide Caution Potassium Laurate 12.38% Insecticide Caution Potassium Laurate 12.38% Insecticide Caution Potassium Laurate 19.90% Insecticide Caution Potassium Laurate 20.00% Insecticide Warning Potassium Laurate 47% Fungicide Warning Potassium Laurate 49.00% Insecticide Warning Potassium Laurate 49.00% Insecticide Warning Potassium Laurate 49.52% Fungicide Caution Pyrethrins 0.01% Insecticide Caution Pyrethrins 0.01% Insecticide Caution Pyrethrins 0.24% Fungicide Caution Pyrethrins 0.25% Insecticide Caution Pyrethrins 0.25% Insecticide Caution Pyrethrins 0.50% Insecticide Caution Pyrethrins 1.40% Insecticide Caution Pyrethrins 4.00% Insect Repellent Caution Pyrethrins 5.00% Insecticide Caution Pyrethrins 5.00% Insect Repellent Caution Pyrethrins 6.00% Insecticide Caution Pyrethrins 6.00% Fungicide Caution Pythium oligandrum DV 74 1.00% PGR − Growth Stimulator Caution Pythium oligandrum DV 74 1.00% Fungicide Caution Reynoutria sachalinensis 5% PGR − General Caution Reynoutria sachalinensis 5% Insect Repellent Caution Rosemary Herbs 10.00% Insect Repellent Caution Sesame Plant Ground 0.05% Insecticide Caution Sesame Plant Ground 0.05% Invertebrate Control Caution Sodium Ferric EDTA 2.00% Invertebrate Control Caution Sodium Ferric EDTA 5.00% Fungicide Caution Sorbic Acid Potassium Salt 0.01% Insecticide Caution Sorbic Acid Potassium Salt 0.01% Insecticide Warning Sorbitol Octanoate 90.00% Insecticide Caution Soybean Oil 93% Fungicide Caution Streptomyces griseoviridis strain K61 4% Fungicide Caution Streptomyces griseoviridis strain K61 35%
ILLINOIS REGISTER 3798 20 DEPARTMENT OF AGRICULTURE
NOTICE OF PROPOSED RULES
Fungicide Caution Streptomyces lydicus WYEC 108 0.04% Fungicide Caution Streptomyces lydicus WYEC 108 1.30% Fungicide Caution Sulfur 0.20% Insecticide Caution Sulfur 0.20% Fungicide Caution Sulfur 6.48% Insecticide Caution Sulfur 6.48% Fungicide Caution Sulfur 10.00% Insecticide Caution Sulfur 10.00% Fungicide Caution Sulfur 12% Insect Repellent Caution Thyme Herbs 0.03% Insecticide Caution Thyme Herbs 0.03% Fungicide Caution Trichoderma asperellum strain ICC 012 2.00% Fungicide Caution Trichoderma gamsii strain ICC 080 2.00% Fungicide Caution Trichoderma harzianum Rifai strain 1.15% KRL-AG2 Fungicide Caution Trichoderma virens strain G-41 0.61%
ILLINOIS REGISTER 3799 20 BOARD OF HIGHER EDUCATION
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: General Grant Programs
2) Code Citation: 23 Ill. Adm. Code 1001
3) Section Numbers: Proposed 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) A Complete Description of the Subjects and Issues Involved: The proposed 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. These proposed amendments retain the purpose of the rule and incorporate new statutory requirements.
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: 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].
ILLINOIS REGISTER 3800 20 BOARD OF HIGHER EDUCATION
NOTICE OF PROPOSED AMENDMENTS
12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Comments should be filed, within 45 days after the date of this issue of the Illinois Register, with:
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]
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 adverse impact.
15) Regulatory Agenda on which this rulemaking was summarized: January 2019
The full Text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER 3801 20 BOARD OF HIGHER EDUCATION
NOTICE OF PROPOSED 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. ______, effective ______.
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
ILLINOIS REGISTER 3802 20 BOARD OF HIGHER EDUCATION
NOTICE OF PROPOSED 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. ______, effective ______)
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 3803 20 BOARD OF HIGHER EDUCATION
NOTICE OF PROPOSED 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. ______, effective ______)
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 3804 20 BOARD OF HIGHER EDUCATION
NOTICE OF PROPOSED 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 3805 20 BOARD OF HIGHER EDUCATION
NOTICE OF PROPOSED AMENDMENTS
Recovery Act [30 ILCS 705].
(Source: Amended at 44 Ill. Reg. ______, effective ______)
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 3806 20 BOARD OF HIGHER EDUCATION
NOTICE OF PROPOSED 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. ______, effective ______)
ILLINOIS REGISTER 3807 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Temporary Assistance for Needy Families
2) Code Citation: 89 Ill. Adm. Code 112
3) Section Numbers: Proposed Actions: 112.79 Amendment 112.80 Amendment
4) Statutory Authority: Implementing Article IV and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/Art. IV and 12-13].
5) A Complete Description of the Subjects and Issues involved: Pursuant to PA 101-103, this rulemaking will revise the Temporary Assistance to Needy Families (TANF) Sanction and Good Cause reasons for noncompliance with TANF program requirements. The Department of Human Services shall impose a 30% reduction of the portion of the grant amount designated for the adult member or members of the assistance unit when an adult member is found to be in noncompliance without good cause. No sanction shall reduce the portion of the grant amount that is designated for the child or children of the assistance unit. The full grant amount must be restored on the first day of the month following a determination that the adult member or members of the assistance unit is/are in compliance with program requirements and is/are otherwise eligible for assistance. The Department of Human Services shall expand on Good Cause reasons for noncompliance of TANF program requirements to include the definition of Homelessness. The rule adds eviction, utility disconnect, and if an individual is exiting a publicly-funded institution or system of care without an option to move to a fixed, adequate night time residence as Good Cause reasons for noncompliance with TANF program participation requirement.
6) Any published studies or reports, along with the sources of underlying data that were used when composing 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? Yes
Section Numbers: Proposed Actions: Illinois Register Citations:
ILLINOIS REGISTER 3808 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
112.251 Amendment 43 Ill. Reg. 11063; October 11, 2019 112.252 Amendment 43 Ill. Reg. 11063; October 11, 2019 112.140 Amendment 43 Ill. Reg. 14328; December 13, 2019
11) Statement of Statewide Policy Objective: This rulemaking does not create or expand a State mandate.
12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may present their comments concerning these amendments within 45 days after the date of this issue of the Illinois Register. All requests and comments should be submitted in writing to:
Tracie Drew, Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue East Harris Building, 3rd Floor Springfield IL 62762
217/785-9772
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: This rulemaking will not have an adverse impact on small businesses.
15) Regulatory agenda on which this rulemaking was summarized: This rulemaking was summarized on the July 2019 Regulatory Agenda.
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER 3809 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
TITLE 89: SOCIAL SERVICES CHAPTER IV: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 112 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SUBPART A: GENERAL PROVISIONS
Section 112.1 Description of the Assistance Program and Time Limit 112.2 Time Limit on Receipt of Benefits for Clients Enrolled in Post-Secondary Education 112.3 Receipt of Cash Benefits Beyond the 60 Month Lifetime Limit 112.5 Incorporation by Reference 112.6 The Family Violence Option
SUBPART B: NON-FINANCIAL FACTORS OF ELIGIBILITY
Section 112.8 Caretaker Relative 112.9 Client Cooperation 112.10 Citizenship 112.20 Residence 112.30 Age 112.40 Relationship 112.50 Living Arrangement 112.52 Social Security Numbers 112.54 Assignment of Medical Support Rights 112.55 Electronic Benefits Transfer (EBT) Restrictions 112.60 Basis of Eligibility 112.61 Death of a Parent (Repealed) 112.62 Incapacity of a Parent (Repealed) 112.63 Continued Absence of a Parent (Repealed) 112.64 Unemployment of the Parent (Repealed) 112.65 Responsibility and Services Plan 112.66 Alcohol and Substance Abuse Treatment 112.67 Restriction in Payment to Households Headed by a Minor Parent 112.68 School Attendance Initiative
ILLINOIS REGISTER 3810 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
112.69 Felons and Violators of Parole or Probation
SUBPART C: TANF EMPLOYMENT AND WORK ACTIVITY REQUIREMENTS
Section 112.70 Employment and Work Activity Requirements 112.71 Individuals Exempt from TANF Employment and Work Activity Requirements 112.72 Participation/Cooperation Requirements 112.73 Adolescent Parent Program (Repealed) 112.74 Responsibility and Services Plan 112.75 Teen Parent Personal Responsibility Plan (Repealed) 112.76 TANF Orientation 112.77 Reconciliation and Fair Hearings 112.78 TANF Employment and Work Activities 112.79 Sanctions 112.80 Good Cause for Failure to Comply with TANF Participation Requirements 112.81 Responsible Relative Eligibility for JOBS (Repealed) 112.82 Supportive Services 112.83 Teen Parent Services 112.84 Employment Retention and Advancement Project 112.85 Four Year College/Vocational Training Demonstration Project (Repealed)
SUBPART E: PROJECT ADVANCE
Section 112.86 Project Advance (Repealed) 112.87 Project Advance Experimental and Control Groups (Repealed) 112.88 Project Advance Participation Requirements of Experimental Group Members and Adjudicated Fathers (Repealed) 112.89 Project Advance Cooperation Requirements of Experimental Group Members and Adjudicated Fathers (Repealed) 112.90 Project Advance Sanctions (Repealed) 112.91 Good Cause for Failure to Comply with Project Advance (Repealed) 112.93 Individuals Exempt From Project Advance (Repealed) 112.95 Project Advance Supportive Services (Repealed)
SUBPART F: EXCHANGE PROGRAM
Section
ILLINOIS REGISTER 3811 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
112.98 Exchange Program (Repealed)
SUBPART G: FINANCIAL FACTORS OF ELIGIBILITY
Section 112.100 Unearned Income 112.101 Unearned Income of Parent 112.105 Budgeting Unearned Income 112.106 Budgeting Unearned Income of Applicants 112.107 Initial Receipt of Unearned Income 112.108 Termination of Unearned Income 112.110 Exempt Unearned Income 112.115 Education Benefits 112.120 Incentive Allowances 112.125 Unearned Income In-Kind 112.126 Earmarked Income 112.127 Lump-Sum Payments 112.128 Protected Income (Repealed) 112.130 Earned Income 112.131 Earned Income Tax Credit 112.132 Budgeting Earned Income 112.133 Budgeting Earned Income of Employed Applicants 112.134 Initial Employment 112.135 Budgeting Earned Income For Contractual Employees 112.136 Budgeting Earned Income For Non-contractual School Employees 112.137 Termination of Employment 112.138 Transitional Payments (Repealed) 112.140 Exempt Earned Income 112.141 Earned Income Exemption 112.142 Exclusion from Earned Income Exemption 112.143 Recognized Employment Expenses 112.144 Income from Work-Study and Training Programs 112.145 Earned Income From Self-Employment 112.146 Earned Income From Roomer and Boarder 112.147 Income From Rental Property 112.148 Payments from the Illinois Department of Children and Family Services 112.149 Earned Income In-Kind 112.150 Assets 112.151 Exempt Assets (Repealed)
ILLINOIS REGISTER 3812 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
112.152 Asset Disregards (Repealed) 112.153 Deferral of Consideration of Assets (Repealed) 112.154 Property Transfers (Repealed) 112.155 Income Limit 112.156 Assets for Independence Program
SUBPART H: PAYMENT AMOUNTS
Section 112.250 Grant Levels 112.251 Payment Levels 112.252 Payment Levels − All Counties 112.253 Payment Levels in Group II Counties (Repealed) 112.254 Payment Levels in Group III Counties (Repealed) 112.255 Limitation on Amount of TANF Assistance to Recipients from Other States (Repealed)
SUBPART I: OTHER PROVISIONS
Section 112.300 Persons Who May Be Included in the Assistance Unit 112.301 Presumptive Eligibility 112.302 Reporting Requirements for Clients with Earnings 112.303 Budgeting 112.304 Budgeting Schedule 112.305 Strikers 112.306 Foster Care Program 112.307 Responsibility of Sponsors of Non-Citizens Entering the Country Prior to 8/22/96 112.308 Responsibility of Sponsors of Non-Citizens Entering the Country On or After 8/22/96 112.309 Institutional Status 112.310 Child Care for Representative Payees 112.315 Young Parents Program (Renumbered) 112.320 Redetermination of Eligibility 112.330 Extension of Medical Assistance Due to Increased Income from Employment 112.331 Four Month Extension of Medical Assistance Due to Child Support Collections 112.332 Extension of Medical Assistance Due to Loss of Earned Income Disregard (Repealed) 112.340 New Start Payments to Individuals Released from Department of Corrections
ILLINOIS REGISTER 3813 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
Facilities (Repealed)
SUBPART J: CHILD CARE
Section 112.350 Child Care (Repealed) 112.352 Child Care Eligibility (Repealed) 112.354 Qualified Provider (Repealed) 112.356 Notification of Available Services (Repealed) 112.358 Participant Rights and Responsibilities (Repealed) 112.362 Additional Service to Secure or Maintain Child Care Arrangements (Repealed) 112.364 Rates of Payment for Child Care (Repealed) 112.366 Method of Providing Child Care (Repealed) 112.370 Non-JOBS Education and Training Program (Repealed)
SUBPART K: TRANSITIONAL CHILD CARE
Section 112.400 Transitional Child Care Eligibility (Repealed) 112.404 Duration of Eligibility for Transitional Child Care (Repealed) 112.406 Loss of Eligibility for Transitional Child Care (Repealed) 112.408 Qualified Child Care Providers (Repealed) 112.410 Notification of Available Services (Repealed) 112.412 Participant Rights and Responsibilities (Repealed) 112.414 Child Care Overpayments and Recoveries (Repealed) 112.416 Fees for Service for Transitional Child Care (Repealed) 112.418 Rates of Payment for Transitional Child Care (Repealed)
AUTHORITY: Implementing Article IV and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5].
SOURCE: Filed effective December 30, 1977; peremptory amendment at 2 Ill. Reg. 17, p. 117, effective February 1, 1978; amended at 2 Ill. Reg. 31, p. 134, effective August 5, 1978; emergency amendment at 2 Ill. Reg. 37, p. 4, effective August 30, 1978, for a maximum of 150 days; peremptory amendment at 2 Ill. Reg. 46, p. 44, effective November 1, 1978; peremptory amendment at 2 Ill. Reg. 46, p. 56, effective November 1, 1978; emergency amendment at 3 Ill. Reg. 16, p. 41, effective April 9, 1979, for a maximum of 150 days; emergency amendment at 3 Ill. Reg. 28, p. 182, effective July 1, 1979, for a maximum of 150 days; amended at 3 Ill. Reg. 33, p. 399, effective August 18, 1979; amendment at 3 Ill. Reg. 33, p. 415, effective August 18,
ILLINOIS REGISTER 3814 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
1979; amended at 3 Ill. Reg. 38, p. 243, effective September 21, 1979; peremptory amendment at 3 Ill. Reg. 38, p. 321, effective September 7, 1979; amended at 3 Ill. Reg. 40, p. 140, effective October 6, 1979; amended at 3 Ill. Reg. 46, p. 36, effective November 2, 1979; amended at 3 Ill. Reg. 47, p. 96, effective November 13, 1979; amended at 3 Ill. Reg. 48, p. 1, effective November 15, 1979; peremptory amendment at 4 Ill. Reg. 9, p. 259, effective February 22, 1980; amended at 4 Ill. Reg. 10, p. 258, effective February 25, 1980; amended at 4 Ill. Reg. 12, p. 551, effective March 10, 1980; amended at 4 Ill. Reg. 27, p. 387, effective June 24, 1980; emergency amendment at 4 Ill. Reg. 29, p. 294, effective July 8, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 37, p. 797, effective September 2, 1980; amended at 4 Ill. Reg. 37, p. 800, effective September 2, 1980; amended at 4 Ill. Reg. 45, p. 134, effective October 27, 1980; amended at 5 Ill. Reg. 766, effective January 2, 1981; amended at 5 Ill. Reg. 1134, effective January 26, 1981; peremptory amendment at 5 Ill. Reg. 5722, effective June 1, 1981; amended at 5 Ill. Reg. 7071, effective June 23, 1981; amended at 5 Ill. Reg. 7104, effective June 23, 1981; amended at 5 Ill. Reg. 8041, effective July 27, 1981; amended at 5 Ill. Reg. 8052, effective July 24, 1981; peremptory amendment at 5 Ill. Reg. 8106, effective August 1, 1981; peremptory amendment at 5 Ill. Reg. 10062, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10079, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10095, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10113, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10124, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10131, effective October 1, 1981; amended at 5 Ill. Reg. 10730, effective October 1, 1981; amended at 5 Ill. Reg. 10733, effective October 1, 1981; amended at 5 Ill. Reg. 10760, effective October 1, 1981; amended at 5 Ill. Reg. 10767, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 11647, effective October 16, 1981; peremptory amendment at 6 Ill. Reg. 611, effective January 1, 1982; amended at 6 Ill. Reg. 1216, effective January 14, 1982; emergency amendment at 6 Ill. Reg. 2447, effective March 1, 1982, for a maximum of 150 days; peremptory amendment at 6 Ill. Reg. 2452, effective February 11, 1982; peremptory amendment at 6 Ill. Reg. 6475, effective May 18, 1982; peremptory amendment at 6 Ill. Reg. 6912, effective May 20, 1982; emergency amendment at 6 Ill. Reg. 7299, effective June 2, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 8115, effective July 1, 1982; amended at 6 Ill. Reg. 8142, effective July 1, 1982; amended at 6 Ill. Reg. 8159, effective July 1, 1982; amended at 6 Ill. Reg. 10970, effective August 26, 1982; amended at 6 Ill. Reg. 11921, effective September 21, 1982; amended at 6 Ill. Reg. 12293, effective October 1, 1982; amended at 6 Ill. Reg. 12318, effective October 1, 1982; amended at 6 Ill. Reg. 13754, effective November 1, 1982; rules repealed, new rules adopted and codified at 7 Ill. Reg. 907, effective January 11, 1983; rules repealed and new rules adopted and codified at 7 Ill. Reg. 2720, effective February 28, 1983; amended (by adding Sections being codified with no substantive change) at 7 Ill. Reg. 5195; amended at 7 Ill. Reg. 11284, effective August 26, 1983; amended at 7 Ill. Reg. 13920, effective October 7, 1983; amended at 7 Ill. Reg. 15690, effective November 9, 1983; amended (by adding Sections being codified with no substantive change) at 7 Ill. Reg. 16105; amended at 7 Ill. Reg. 17344, effective
ILLINOIS REGISTER 3815 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
December 21, 1983; amended at 8 Ill. Reg. 213, effective December 27, 1983; emergency amendment at 8 Ill. Reg. 569, effective January 1, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 4176, effective March 19, 1984; amended at 8 Ill. Reg. 5207, effective April 9, 1984; amended at 8 Ill. Reg. 7226, effective May 16, 1984; amended at 8 Ill. Reg. 11391, effective June 27, 1984; amended at 8 Ill. Reg. 12333, effective June 29, 1984; amended (by adding Sections being codified with no substantive change) at 8 Ill. Reg. 17894; peremptory amendment at 8 Ill. Reg. 18127, effective October 1, 1984; peremptory amendment at 8 Ill. Reg. 19889, effective October 1, 1984; amended at 8 Ill. Reg. 19983, effective October 3, 1984; emergency amendment at 8 Ill. Reg. 21666, effective October 19, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 21621, effective October 23, 1984; amended at 8 Ill. Reg. 25023, effective December 19, 1984; amended at 9 Ill. Reg. 282, effective January 1, 1985; amended at 9 Ill. Reg. 4062, effective March 15, 1985; amended at 9 Ill. Reg. 8155, effective May 17, 1985; emergency amendment at 9 Ill. Reg. 10094, effective June 19, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 11317, effective July 5, 1985; amended at 9 Ill. Reg. 12795, effective August 9, 1985; amended at 9 Ill. Reg. 15887, effective October 4, 1985; amended at 9 Ill. Reg. 16277, effective October 11, 1985; amended at 9 Ill. Reg. 17827, effective November 18, 1985; emergency amendment at 10 Ill. Reg. 354, effective January 1, 1986, for a maximum of 150 days; amended at 10 Ill. Reg. 1172, effective January 10, 1986; amended at 10 Ill. Reg. 3641, effective January 30, 1986; amended at 10 Ill. Reg. 4885, effective March 7, 1986; amended at 10 Ill. Reg. 8118, effective May 1, 1986; amended at 10 Ill. Reg. 10628, effective June 1, 1986; amended at 10 Ill. Reg. 11017, effective June 6, 1986; Sections 112.78 through 112.86 and 112.88 recodified to 89 Ill. Adm. Code 160 at 10 Ill. Reg. 11928; emergency amendment at 10 Ill. Reg. 12107, effective July 1, 1986, for a maximum of 150 days; amended at 10 Ill. Reg. 12650, effective July 14, 1986; amended at 10 Ill. Reg. 14681, effective August 29, 1986; amended at 10 Ill. Reg. 15101, effective September 5, 1986; amended at 10 Ill. Reg. 15621, effective September 19, 1986; amended at 10 Ill. Reg. 21860, effective December 12, 1986; amended at 11 Ill. Reg. 2280, effective January 16, 1987; amended at 11 Ill. Reg. 3140, effective January 30, 1987; amended at 11 Ill. Reg. 4682, effective March 6, 1987; amended at 11 Ill. Reg. 5223, effective March 11, 1987; amended at 11 Ill. Reg. 6228, effective March 20, 1987; amended at 11 Ill. Reg. 9927, effective May 15, 1987; amended at 11 Ill. Reg. 12003, effective November 1, 1987; emergency amendment at 11 Ill. Reg. 12432, effective July 10, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 12908, effective July 30, 1987; emergency amendment at 11 Ill. Reg. 12935, effective August 1, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 13625, effective August 1, 1987; amended at 11 Ill. Reg. 14755, effective August 26, 1987; amended at 11 Ill. Reg. 18679, effective November 1, 1987; emergency amendment at 11 Ill. Reg. 18781, effective November 1, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 20114, effective December 4, 1987; Sections 112.90 and 112.95 recodified to Sections 112.52 and 112.54 at 11 Ill. Reg. 20610; amended at 11 Ill. Reg. 20889, effective December 14, 1987; amended at 12 Ill. Reg. 844, effective January 1, 1988; emergency
ILLINOIS REGISTER 3816 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS amendment at 12 Ill. Reg. 1929, effective January 1, 1988, for a maximum of 150 days; amended at 12 Ill. Reg. 2126, effective January 12, 1988; SUBPARTS C, D and E recodified to SUBPARTS G, H and I at 12 Ill. Reg. 2136; amended at 12 Ill. Reg. 3487, effective January 22, 1988; amended at 12 Ill. Reg. 6159, effective March 18, 1988; amended at 12 Ill. Reg. 6694, effective March 22, 1988; amended at 12 Ill. Reg. 7336, effective May 1, 1988; amended at 12 Ill. Reg. 7673, effective April 20, 1988; amended at 12 Ill. Reg. 9032, effective May 20, 1988; amended at 12 Ill. Reg. 10481, effective June 13, 1988; amended at 12 Ill. Reg. 14172, effective August 30, 1988; amended at 12 Ill. Reg. 14669, effective September 16, 1988; amended at 13 Ill. Reg. 70, effective January 1, 1989; amended at 13 Ill. Reg. 6017, effective April 14, 1989; amended at 13 Ill. Reg. 8567, effective May 22, 1989; amended at 13 Ill. Reg. 16006, effective October 6, 1989; emergency amendment at 13 Ill. Reg. 16142, effective October 2, 1989, for a maximum of 150 days; emergency expired March 1, 1990; amended at 14 Ill. Reg. 705, effective January 1, 1990; amended at 14 Ill. Reg. 3170, effective February 13, 1990; amended at 14 Ill. Reg. 3575, effective February 23, 1990; amended at 14 Ill. Reg. 6306, effective April 16, 1990; amended at 14 Ill. Reg. 10379, effective June 20, 1990; amended at 14 Ill. Reg. 13652, effective August 10, 1990; amended at 14 Ill. Reg. 14140, effective August 17, 1990; amended at 14 Ill. Reg. 16937, effective September 30, 1990; emergency amendment at 15 Ill. Reg. 338, effective January 1, 1991, for a maximum of 150 days; emergency amendment at 15 Ill. Reg. 2862, effective February 4, 1991, for a maximum of 150 days; emergency expired July 4, 1991; amended at 15 Ill. Reg. 5275, effective April 1, 1991; amended at 15 Ill. Reg. 5684, effective April 10, 1991; amended at 15 Ill. Reg. 11127, effective July 19, 1991; amended at 15 Ill. Reg. 11447, effective July 25, 1991; amended at 15 Ill. Reg. 14227, effective September 30, 1991; amended at 15 Ill. Reg. 17308, effective November 18, 1991; amended at 16 Ill. Reg. 9972, effective June 15, 1992; amended at 16 Ill. Reg. 11550, effective July 15, 1992; emergency amendment at 16 Ill. Reg. 11652, effective July 1, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 13629, effective September 1, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 17724, effective November 9, 1992; amended at 16 Ill. Reg. 20147, effective December 14, 1992; amended at 17 Ill. Reg. 357, effective December 24, 1992; amended at 17 Ill. Reg. 813, effective January 15, 1993; amended at 17 Ill. Reg. 2253, effective February 15, 1993; amended at 17 Ill. Reg. 4312, effective March 25, 1993; emergency amendment at 17 Ill. Reg. 6325, effective April 9, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 6792, effective April 21, 1993; amended at 17 Ill. Reg. 15017, effective September 3, 1993; amended at 17 Ill. Reg. 19156, effective October 25, 1993; emergency amendment at 17 Ill. Reg. 19696, effective November 1, 1993, for a maximum of 150 days; amended at 18 Ill. Reg. 5909, effective March 31, 1994; amended at 18 Ill. Reg. 6994, effective April 27, 1994; amended at 18 Ill. Reg. 8703, effective June 1, 1994; amended at 18 Ill. Reg. 10774, effective June 27, 1994; amended at 18 Ill. Reg. 12805, effective August 5, 1994; amended at 18 Ill. Reg. 15774, effective October 17, 1994; expedited correction at 19 Ill. Reg. 998, effective October 17, 1994; amended at 19 Ill. Reg. 2845, effective February 24, 1995; amended at 19 Ill. Reg. 5609,
ILLINOIS REGISTER 3817 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS effective March 31, 1995; amended at 19 Ill. Reg. 7883, effective June 5, 1995; emergency amendment at 19 Ill. Reg. 10206, effective July 1, 1995, for a maximum of 150 days; emergency amendment at 19 Ill. Reg. 12011, effective August 7, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 12664, effective September 1, 1995; emergency amendment at 19 Ill. Reg. 15244, effective November 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 15661, effective November 3, 1995; emergency amendment at 19 Ill. Reg. 15839, effective November 15, 1995, for a maximum of 150 days; emergency amendment at 19 Ill. Reg. 16295, effective December 1, 1995, for a maximum of 150 days; amended at 20 Ill. Reg. 845, effective January 1, 1996; amended at 20 Ill. Reg. 3538, effective February 15, 1996; amended at 20 Ill. Reg. 5648, effective March 30, 1996; amended at 20 Ill. Reg. 6018, effective April 12, 1996; amended at 20 Ill. Reg. 6498, effective April 29, 1996; amended at 20 Ill. Reg. 7892, effective June 1, 1996; emergency amendment at 20 Ill. Reg. 12499, effective September 1, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 14820, effective November 1, 1996; amendment at 20 Ill. Reg. 15983, effective December 9, 1996; emergency amendment at 21 Ill. Reg. 662, effective January 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 940, effective January 7, 1997; amended at 21 Ill. Reg. 1366, effective January 15, 1997; amended at 21 Ill. Reg. 2655, effective February 7, 1997; amended at 21 Ill. Reg. 7391, effective May 31, 1997; emergency amendment at 21 Ill. Reg. 8426, effective July 1, 1997, for a maximum of 150 days; recodified from the Department of Public Aid to the Department of Human Services at 21 Ill. Reg. 9322; amended at 21 Ill. Reg. 15597, effective November 26, 1997; emergency amendment at 22 Ill. Reg. 4466, effective February 24, 1998, for a maximum of 150 days; emergency amendment at 22 Ill. Reg. 12197, effective July 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 14420, effective July 24, 1998; amended at 22 Ill. Reg. 14744, effective August 1, 1998; amended at 22 Ill. Reg. 16256, effective September 1, 1998; emergency amendment at 22 Ill. Reg. 16365, effective September 1, 1998, for a maximum of 150 days; emergency amendment at 22 Ill. Reg. 18082, effective October 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 19840, effective November 1, 1998; emergency amendment at 23 Ill. Reg. 598, effective January 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 942, effective January 6, 1999; emergency amendment at 23 Ill. Reg. 1133, effective January 7, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 1682, effective January 20, 1999; emergency amendment at 23 Ill. Reg. 5881, effective May 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 6958, effective May 30, 1999; amended at 23 Ill. Reg. 7091, effective June 4, 1999; amended at 23 Ill. Reg. 7896, effective July 1, 1999; emergency amendment at 23 Ill. Reg. 8672, effective July 13, 1999, for a maximum of 150 days; emergency amendment at 23 Ill. Reg. 10530, effective August 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 12648, effective September 27, 1999; amended at 23 Ill. Reg. 13898, effective November 19, 1999; amended at 24 Ill. Reg. 289, effective December 28, 1999; amended at 24 Ill. Reg. 2348, effective February 1, 2000; amended at 25 Ill. Reg. 10336, effective August 3, 2001; emergency amendment at 25 Ill. Reg. 11584, effective September 1, 2001, for a maximum of 150 days;
ILLINOIS REGISTER 3818 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS amended at 25 Ill. Reg. 14865, effective November 1, 2001; amended at 26 Ill. Reg. 138, effective January 1, 2002; amended at 26 Ill. Reg. 924, effective January 15, 2002; emergency amendment at 26 Ill. Reg. 3329, effective February 19, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 9803, effective June 24, 2002; amended at 26 Ill. Reg. 10492, effective July 1, 2002; emergency amendment at 26 Ill. Reg. 10994, effective July 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 17182, effective November 15, 2002; amended at 27 Ill. Reg. 4545, effective February 28, 2003; amended at 27 Ill. Reg. 7240, effective April 7, 2003; amended at 27 Ill. Reg. 18417, effective November 20, 2003; amended at 28 Ill. Reg. 1090, effective December 31, 2003; amended at 28 Ill. Reg. 5655, effective March 22, 2004; amended at 29 Ill. Reg. 5473, effective April 1, 2005; amended at 29 Ill. Reg. 8161, effective May 18, 2005; emergency amendment at 29 Ill. Reg. 16008, effective October 4, 2005, for a maximum of 150 days; emergency expired March 2, 2006; amended at 30 Ill. Reg. 9331, effective May 8, 2006; amended at 30 Ill. Reg. 11202, effective June 12, 2006; amended at 31 Ill. Reg. 6968, effective April 30, 2007; amended at 31 Ill. Reg. 10462, effective July 6, 2007; amended at 31 Ill. Reg. 15080, effective October 24, 2007; amended at 32 Ill. Reg. 2767, effective February 7, 2008; emergency amendment at 32 Ill. Reg. 10607, effective July 1, 2008, for a maximum of 150 days; emergency expired November 27, 2008; amended at 32 Ill. Reg. 17167, effective October 20, 2008; peremptory amendment at 32 Ill. Reg. 18051, effective November 15, 2008; emergency amendment at 33 Ill. Reg. 4977, effective March 19, 2009, for a maximum of 150 days; emergency expired August 15, 2009; emergency amendment at 33 Ill. Reg. 7320, effective May 21, 2009, for a maximum of 150 days; emergency expired October 17, 2009; amended at 33 Ill. Reg. 12763, effective September 8, 2009; amended at 33 Ill. Reg. 13831, effective September 17, 2009; amended at 33 Ill. Reg. 16828, effective November 30, 2009; emergency amendment at 34 Ill. Reg. 6930, effective May 1, 2010, for a maximum of 150 days; emergency expired September 27, 2010; amended at 34 Ill. Reg. 10085, effective July 1, 2010; amended at 35 Ill. Reg. 998, effective December 28, 2010; emergency amendment at 35 Ill. Reg. 6933, effective April 6, 2011, for a maximum of 150 days; emergency expired September 2, 2011; amended at 35 Ill. Reg. 17082, effective October 5, 2011; amended at 35 Ill. Reg. 18739, effective October 28, 2011; amended at 36 Ill. Reg. 15120, effective September 28, 2012; emergency amendment at 37 Ill. Reg. 15388, effective September 9, 2013, for a maximum of 150 days; amended at 38 Ill. Reg. 4441, effective January 29, 2014; amended at 38 Ill. Reg. 17603, effective August 8, 2014; amended at 38 Ill. Reg. 18646, effective August 29, 2014; amended at 39 Ill. Reg. 15563, effective December 1, 2015; amended at 41 Ill. Reg. 395, effective January 1, 2017; amended at 42 Ill. Reg. 8295, effective May 4, 2018; emergency amendment at 42 Ill. Reg. 18495, effective October 1, 2018, for a maximum of 150 days; amended at 43 Ill. Reg. 327, effective December 20, 2018; amended at 43 Ill. Reg. 2081, effective January 24, 2019; emergency amendment at 43 Ill. Reg. 11704, effective October 1, 2019, for a maximum of 150 days; emergency amendment at 43 Ill. Reg. 14425, effective
ILLINOIS REGISTER 3819 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
November 26, 2019, for a maximum of 150 days; amended at 44 Ill. Reg. 3251, effective February 5, 2020; amended at 44 Ill. Reg. ______, effective ______.
SUBPART C: TANF EMPLOYMENT AND WORK ACTIVITY REQUIREMENTS
Section 112.79 Sanctions
a) Sanctions may be imposed against those nonexempt participants who fail to participate without good cause. Exempt individuals who volunteer to participate are not subject to sanctions. Sanctions shall be based on instances of non- cooperation thatwhich occur on or after July 1, 1997. Participants who are sanctioned shall have theirThe sanction penalty shall be as follows:1)For the first instance of non-cooperation, the cash assistance payment is reduced by 30 percent of the TANF grant amount designated to the adult member or members of the assistance unit. The full TANF grant amount is to be restored when an adult member or members are determined to be in compliance with program requirements50 percent of the family's payment level until the cooperation requirement is met. If the cooperation requirement is not met after three months of reduced payments, the entire cash payment is stopped.
2) For the second instance of non-cooperation, the cash assistance payment is reduced by 50 percent of the family's payment level for three months. If the cooperation requirement is not met after three months of reduced payments, the entire cash payment is stopped.
3) For the third instance and any subsequent instance of non-cooperation, the family's entire cash assistance payment is stopped for at least three months. Cash assistance will be reinstated for the fourth month if the cooperation requirement is met during the three-month sanction period.
4) Sanction penalties accumulate by family, not by person, during any single period of continuous assistance. A loss of all cash assistance due to sanction shall not be considered a break in assistance. If a family member's non-cooperation occurs during a sanction period which was the result of another member's non-cooperation, the next progressive sanction shall apply.
b) Sanction Reasons
ILLINOIS REGISTER 3820 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
Sanctioning of a participant will result from one instance of any of the following without good cause unless reconciliation is successful:
1) failure to respond to a job referral;
2) failure to accept a bona fide offer of suitable employment (see Section 112.72(a)(3) and (4));
3) discontinuing part-time employment;
4) reducing employment;
5) failure to participate in the activity;
6) failure to respond to a written notice for a meeting. For the purpose of determining attendance at meetings, if participant arrives anytime within 30 minutes after the start of the scheduled meeting, the participant will be considered present and will be seen. If the participant has good cause (see Section 112.80) for being more than 30 minutes late the tardiness will be excused. The worker will include the participant in a scheduled group or other meeting or re-schedule the participant for another meeting;
7) failure to make the required number of acceptable employer contacts every 30 days when employer contact activity is required;
8) failure to accept transportation, family counseling, or other social service or employment and training services such as testing or employment counseling, thereby precluding or interrupting participation in work or training activities; or
9) failure to provide verification of education/training activities, employability status, etc. c) No sanction will be imposed until staff has sent the participant a written notice scheduling a good cause determination/reconciliation meeting to determine whether the participant had good cause for his or her failure to comply with requirements and the participant has either failed to attend the meeting or failed to show good cause. If the participant failed to show good cause, the reconciliation process will continue (see Section 112.77) to enable resolving disputes related to
ILLINOIS REGISTER 3821 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
participation. The written notice shall explain the purpose of the appointment and the consequences for failure to attend or failure to show good cause. Failure of the participant to appear for the scheduled meeting is not considered an instance of noncooperation. d) A sanction against participants may be rescinded at any level of the sanction process up through and until the final agency decision, including any appeal hearing, if the participant establishes good cause (see Section 112.80 for good cause criteria). e) The notice of change form issued for a sanction shall include the following:
1) a description of the acts of noncooperation, including dates whenwhere applicable; and
2) a statement that the participant's acts were without good cause (see Section 112.80 for good cause criteria). f) A sanction under this Section shall not affect receipt of medical assistanceMedical Assistance. Likewise, a sanction for child support enforcement, or the school attendance initiative does not affect any instances of non-cooperation under this Section. g) Individuals who are sanctioned will be contacted at least one time per month to attempt to re-engage the client back into the program. Supportive services (see Section 112.82) will be paid while in sanction status if the individual is participating. If the family is also sanctioned for failure to cooperate with child support enforcement or school attendance initiative requirements, the sanctions are served simultaneously. h) A person must cooperate to end the sanction. When the person cooperates, benefits are restored as of the date of cooperation or, for second or third instances of sanction, at the end of the three month period, whichever is later. The full grant amount will be restored on the first day of the month following a determination that the adult member or members of the assistance unit are in compliance with program requirements and are otherwise eligible for assistance.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
ILLINOIS REGISTER 3822 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
Section 112.80 Good Cause for Failure to Comply with TANF Participation Requirements
a) If a participant has good cause for not complying with a TANF participation requirement, financial assistance shall not be discontinued. Examples of good cause include, but are not limited to:
1) temporary illness for its duration;
2) court required appearance or temporary incarceration;
3) death in the family;
4) extreme inclement weather;
5) lack of any supportive service (see Section 112.82), even though the necessary service is not specifically provided under TANF, to the extent the lack of the needed service presents a significant barrier to TANF participation;
6) if an individual is engaged in employment and/or training that is consistent with the employment related goals of the program, and thatif such employment and training is later approved by TANF staff (e.g., a participant is unable to attend an orientation session because she is already attending GED classes);
7) failure of Department staff or contractorContractor to correctly forward the information to TANF staff;
8) failure of the participant to cooperate because of attendance at a test or a mandatory class or function at an educational program (including college), when an education/training program is officially approved by TANF. When TANF workers know in advance of the such tests and mandatory classes or functions, they shall schedule TANF activities around them if possible;
9) failure of the participant due to his or her illiteracy;
10) failure of the participant because it is determined that he or she should be in a different TANF activity;
ILLINOIS REGISTER 3823 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
11) non-receipt by the participant of a notice advising him or her of a participation requirement. If the non-receipt of mail occurs frequently, the Department shall explore an alternative means of providing notices of participation requests to participants;
12) non-comprehension of written and/or oral English;
13) child care (or day care for an incapacitated individual living in the same home as a child) is necessary for the participation or employment and thatsuch care is not available for a child under age 13;
14) failure to participate in a TANF activity due to a verified scheduled job interview, medical appointment for the participant or a household member, or a school appointment for the participant or his or her children;
15) the individual or family is experiencing homelessness. An individual or family is experiencing homelessness if the individual or family:
A) lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason;
B) is living in a motel, hotel, trailer park, or camping ground due to the lack of alternative accommodations;
C) is living in an emergency or transitional shelter;
D) resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or
E) is living in a car, park, public space, abandoned building, substandard housing, bus, train station, or similar settingsthe individual is homeless. Homeless individuals (including the family) have no current residence and no expectation of acquiring one in the next 30 days. This includes individuals residing in overnight and transitional (temporary) shelters. This does not include individuals who are sharing a residence with friends or
ILLINOIS REGISTER 3824 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
relatives on a continuing basis;
16) documented circumstances beyond the control of the participant which prevent the participant from completing program requirements; or
17) failure to participate in a TANF work activity because of violations of workplace rights due TANF recipients as determined by the U.S. Department of Labor;.
18) receipt of an eviction notice;
19) discontinued utilities; or
20) the individual exits a publicly-funded institution or system of care (such as a healthcare facility, a mental health facility, foster care or other youth facility, or a correction program or institution) without an option to move to a fixed, adequate nighttime residence. b) The TANF worker may require a participant to document good cause for noncooperation with TANF requirements. c) No participant shall be denied good cause solely on the basis that he or she failed to notify the Department in advance of a participation requirement. Nevertheless, failure to notify is material and is an important factor if the participant could have notified the Department.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
ILLINOIS REGISTER 3825 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Aid to the Aged, Blind or Disabled
2) Code Citation: 89 Ill. Adm. Code 113
3) Section Numbers: Proposed Actions: 113.253 Amendment 113.260 Amendment
4) Statutory Authority: Implementing Article III and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/Art. III and 12-13] and 20 CFR 416.2096.
5) A Complete Description of the Subjects and Issues Involved: Federal regulations require the State to pass along an increase in SSI benefits to clients who receive AABD cash (State Supplemental payments). This rulemaking increases the AABD Grant Adjustment Allowance and Sheltered Care/Personal or Nursing Care rates by $12, the amount of the January 2020 SSI benefit increase.
6) Any published studies or reports, along with the sources of underlying data that were used when composing 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? Yes
Section Number: Proposed Action: Illinois Register Citation: 113.120 Amendment 43 Ill. Reg. 14330; December 13, 2019
11) Statement of Statewide Policy Objective: This rulemaking does not create or expand a State mandate.
12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may present their comments concerning these amendments within 45 days after the date of this issue of the Illinois Register. All requests and comments should be submitted in writing to:
ILLINOIS REGISTER 3826 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
Tracie Drew, Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue East Harris Building, 3rd Floor Springfield IL 62762
217/785-9772
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: This rulemaking will not have an adverse impact on small businesses.
15) Regulatory agenda on which this rulemaking was summarized: July 2019
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER 3827 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
TITLE 89: SOCIAL SERVICES CHAPTER IV: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 113 AID TO THE AGED, BLIND OR DISABLED
SUBPART A: GENERAL PROVISIONS
Section 113.1 Description of the Assistance Program 113.5 Incorporation By Reference
SUBPART B: NON-FINANCIAL FACTORS OF ELIGIBILITY
Section 113.9 Client Cooperation 113.10 Citizenship 113.20 Residence 113.30 Age 113.40 Blind 113.50 Disabled 113.60 Living Arrangement 113.70 Institutional Status 113.80 Social Security Number
SUBPART C: FINANCIAL FACTORS OF ELIGIBILITY
Section 113.100 Unearned Income 113.101 Budgeting Unearned Income 113.102 Budgeting Unearned Income of Applicants Receiving Income on Date of Application And/Or Date of Decision 113.103 Initial Receipt of Unearned Income 113.104 Termination of Unearned Income 113.105 Unearned Income In-Kind 113.106 Earmarked Income 113.107 Lump Sum Payments and Income Tax Refunds 113.108 Protected Income (Repealed)
ILLINOIS REGISTER 3828 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
113.109 Earned Income (Repealed) 113.110 Budgeting Earned Income (Repealed) 113.111 Protected Income 113.112 Earned Income 113.113 Exempt Unearned Income 113.114 Budgeting Earned Income of Applicants Receiving Income On Date of Application And/Or Date of Decision 113.115 Initial Employment 113.116 Budgeting Earned Income For Contractual Employees 113.117 Budgeting Earned Income For Non-contractual School Employees 113.118 Termination of Employment 113.120 Exempt Earned Income 113.125 Recognized Employment Expenses 113.130 Income From Work/Study/Training Programs 113.131 Earned Income From Self-Employment 113.132 Earned Income From Roomer and Boarder 113.133 Earned Income From Rental Property 113.134 Earned Income In-Kind 113.139 Payments from the Illinois Department of Children and Family Services 113.140 Assets 113.141 Exempt Assets 113.142 Asset Disregard 113.143 Deferral of Consideration of Assets 113.154 Property Transfers For Applications Filed Prior To October 1, 1989 (Repealed) 113.155 Property Transfers For Applications Filed On Or After October 1, 1989 (Repealed) 113.156 Court Ordered Child Support Payments of Parent/Step-Parent 113.157 Responsibility of Sponsors of Non-citizens Entering the Country Prior to 8/22/96 113.158 Responsibility of Sponsors of Non-citizens Entering the Country On or After 08/22/96 113.160 Assignment of Medical Support Rights
SUBPART D: PAYMENT AMOUNTS
Section 113.245 Payment Levels for AABD 113.246 Personal Allowance 113.247 Personal Allowance Amounts 113.248 Shelter
ILLINOIS REGISTER 3829 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
113.249 Utilities and Heating Fuel 113.250 Laundry 113.251 Telephone 113.252 Transportation, Lunches, Special Fees 113.253 Allowances for Increase in SSI Benefits 113.254 Nursing Care or Personal Care in Home Not Subject to Licensing 113.255 Sheltered Care/Personal or Nursing Care in a Licensed Group Care Facility 113.256 Shopping Allowance 113.257 Special Allowances for Blind and Partially Sighted (Blind Only) 113.258 Home Delivered Meals 113.259 AABD Fuel and Utility Allowances By Area 113.260 Sheltered Care, Personal Care, or Nursing Care Rates 113.261 Cases in Licensed Intermediate Care Facilities, Licensed Skilled Nursing Facilities, DMHDD Facilities and All Other Licensed Medical Facilities 113.262 Meeting the Needs of an Ineligible Dependent with Client's Income 113.263 Service Animals 113.264 Refugees Ineligible for SSI
SUBPART E: OTHER PROVISIONS
Section 113.300 Persons Who May Be Included In the Assistance Unit 113.301 Grandfathered Cases 113.302 Interim Assistance (Repealed) 113.303 Special Needs Authorizations 113.304 Retrospective Budgeting 113.305 Budgeting Schedule 113.306 Purchase and Repair of Household Furniture (Repealed) 113.307 Property Repairs and Maintenance 113.308 Excess Shelter Allowance 113.309 Limitation on Amount of AABD Assistance to Recipients from Other States (Repealed) 113.320 Redetermination of Eligibility 113.330 Attorney's Fees for VA Appellants (Repealed)
SUBPART F: INTERIM ASSISTANCE
Section 113.400 Description of the Interim Assistance Program
ILLINOIS REGISTER 3830 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
113.405 Pending SSI Application (Repealed) 113.410 More Likely Than Not Eligible for SSI (Repealed) 113.415 Non-Financial Factors of Eligibility (Repealed) 113.420 Financial Factors of Eligibility (Repealed) 113.425 Payment Levels for Chicago Interim Assistance Cases (Repealed) 113.430 Payment Levels for all Interim Assistance Cases Outside Chicago (Repealed) 113.435 Medical Eligibility (Repealed) 113.440 Attorney's Fees for SSI Applicants (Repealed) 113.445 Advocacy Program for Persons Receiving Interim Assistance (Repealed) 113.450 Limitation on Amount of Interim Assistance to Recipients from Other States (Repealed) 113.500 Attorney's Fees for SSI Appellants (Renumbered)
AUTHORITY: Implementing Article III and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5].
SOURCE: Filed effective December 30, 1977; peremptory amendment at 2 Ill. Reg. 17, p. 117, effective February 1, 1978; amended at 2 Ill. Reg. 31, p. 134, effective August 5, 1978; emergency amendment at 2 Ill. Reg. 37, p. 4, effective August 30, 1978, for a maximum of 150 days; emergency expired January 28, 1979; peremptory amendment at 2 Ill. Reg. 46, p. 44, effective November 1, 1978; emergency amendment at 3 Ill. Reg. 16, p. 41, effective April 9, 1979, for a maximum of 150 days; emergency amendment at 3 Ill. Reg. 28, p. 182, effective July 1, 1979, for a maximum of 150 days; amended at 3 Ill. Reg. 33, p. 399, effective August 18, 1979; amendment at 3 Ill. Reg. 33, p. 415, effective August 18, 1979; amended at 3 Ill. Reg. 38, p. 243, effective September 21, 1979; peremptory amendment at 3 Ill. Reg. 38, p. 321, effective September 7, 1979; amended at 3 Ill. Reg. 40, p. 140, effective October 6, 1979; amended at 3 Ill. Reg. 46, p. 36, effective November 2, 1979; amended at 3 Ill. Reg. 47, p. 96, effective November 13, 1979; amended at 3 Ill. Reg. 48, p. 1, effective November 15, 1979; peremptory amendment at 4 Ill. Reg. 9, p. 259, effective February 22, 1980; amended at 4 Ill. Reg. 10, p. 258, effective February 25, 1980; at 4 Ill. Reg. 12, p. 551, effective March 10, 1980; amended at 4 Ill. Reg. 27, p. 387, effective June 24, 1980; emergency amendment at 4 Ill. Reg. 29, p. 294, effective July 8, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 37, p. 797, effective September 2, 1980; amended at 4 Ill. Reg. 37, p. 800, effective September 2, 1980; amended at 4 Ill. Reg. 45, p. 134, effective October 27, 1980; amended at 5 Ill. Reg. 766, effective January 2, 1981; amended at 5 Ill. Reg. 1134, effective January 26, 1981; peremptory amendment at 5 Ill. Reg. 5722, effective June 1, 1981; amended at 5 Ill. Reg. 7071, effective June 23, 1981; amended at 5 Ill. Reg. 7104, effective June 23, 1981; amended at 5 Ill. Reg. 8041, effective July 27, 1981; amended at 5 Ill. Reg. 8052, effective July 24, 1981; peremptory amendment at 5 Ill. Reg. 8106, effective August 1, 1981; peremptory amendment at 5 Ill. Reg. 10062, effective
ILLINOIS REGISTER 3831 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
October 1, 1981; peremptory amendment at 5 Ill. Reg. 10079, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10095, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10113, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10124, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10131, effective October 1, 1981; amended at 5 Ill. Reg. 10730, effective October 1, 1981; amended at 5 Ill. Reg. 10733, effective October 1, 1981; amended at 5 Ill. Reg. 10760, effective October 1, 1981; amended at 5 Ill. Reg. 10767, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 11647, effective October 16, 1981; peremptory amendment at 6 Ill. Reg. 611, effective January 1, 1982; amended at 6 Ill. Reg. 1216, effective January 14, 1982; emergency amendment at 6 Ill. Reg. 2447, effective March 1, 1982, for a maximum of 150 days; peremptory amendment at 6 Ill. Reg. 2452, effective February 11, 1982; peremptory amendment at 6 Ill. Reg. 6475, effective May 18, 1982; peremptory amendment at 6 Ill. Reg. 6912, effective May 20, 1982; emergency amendment at 6 Ill. Reg. 7299, effective June 2, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 8115, effective July 1, 1982; amended at 6 Ill. Reg. 8142, effective July 1, 1982; amended at 6 Ill. Reg. 8159, effective July 1, 1982; amended at 6 Ill. Reg. 10970, effective August 26, 1982; amended at 6 Ill. Reg. 11921, effective September 21, 1982; amended at 6 Ill. Reg. 12293, effective October 1, 1982; amended at 6 Ill. Reg. 12318, effective October 1, 1982; amended at 6 Ill. Reg. 13754, effective November 1, 1982; rules repealed, new rules adopted and codified at 7 Ill. Reg. 907, effective January 10, 1983; amended (by adding Sections being codified with no substantive change) at 7 Ill. Reg. 5195; amended at 7 Ill. Reg. 9367, effective August 1, l983; amended at 7 Ill. Reg. 17351, effective December 21, 1983; amended at 8 Ill. Reg. 537, effective December 30, 1983; amended at 8 Ill. Reg. 5225, effective April 9, l984; amended at 8 Ill. Reg. 6746, effective April 27, 1984; amended at 8 Ill. Reg. 11414, effective June 27, l984; amended at 8 Ill. Reg. 13273, effective July 16, l984; amended (by Sections being codified with no substantive change) at 8 Ill. Reg. 17895; amended at 8 Ill. Reg. 18896, effective September 26, 1984; amended at 9 Ill. Reg. 5335, effective April 5, 1985; amended at 9 Ill. Reg. 8166, effective May 17, 1985; amended at 9 Ill. Reg. 8657, effective May 25, 1985; amended at 9 Ill. Reg. 11302, effective July 5, 1985; amended at 9 Ill. Reg. 11636, effective July 8, 1985; amended at 9 Ill. Reg. 11991, effective July 12, 1985; amended at 9 Ill. Reg. 12806, effective August 9, 1985; amended at 9 Ill. Reg. 15896, effective October 4, 1985; amended at 9 Ill. Reg. 16291, effective October 10, 1985; emergency amendment at 10 Ill. Reg. 364, effective January 1, 1986; amended at 10 Ill. Reg. 1183, effective January 10, 1986; amended at 10 Ill. Reg. 6956, effective April 16, 1986; amended at 10 Ill. Reg. 8794, effective May 12, 1986; amended at 10 Ill. Reg. 10628, effective June 3, 1986; amended at 10 Ill. Reg. 11920, effective July 3, 1986; amended at 10 Ill. Reg. 15110, effective September 5, 1986; amended at 10 Ill. Reg. 15631, effective September 19, 1986; amended at 11 Ill. Reg. 3150, effective February 6, 1987; amended at 11 Ill. Reg. 8712, effective April 20, 1987; amended at 11 Ill. Reg. 9919, effective May 15, 1987; emergency amendment at 11 Ill. Reg. 12441, effective July 10, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 20880, effective December 14, 1987; amended at 12 Ill. Reg. 867,
ILLINOIS REGISTER 3832 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS effective January 1, 1988; amended at 12 Ill. Reg. 2137, effective January 11, 1988; amended at 12 Ill. Reg. 3497, effective January 22, 1988; amended at 12 Ill. Reg. 5642, effective March 15, 1988; amended at 12 Ill. Reg. 6151, effective March 22, 1988; amended at 12 Ill. Reg. 7687, effective April 22, 1988; amended at 12 Ill. Reg. 8662, effective May 13, 1988; amended at 12 Ill. Reg. 9023, effective May 20, 1988; amended at 12 Ill. Reg. 9669, effective May 24, 1988; emergency amendment at 12 Ill. Reg. 11828, effective July 1, 1988, for a maximum of 150 days; amended at 12 Ill. Reg. 14162, effective August 30, 1988; amended at 12 Ill. Reg. 17849, effective October 25, 1988; amended at 13 Ill. Reg. 63, effective January 1, 1989; emergency amendment at 13 Ill. Reg. 3402, effective March 3, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 6007, effective April 14, 1989; amended at 13 Ill. Reg. 12553, effective July 12, 1989; amended at 13 Ill. Reg. 13609, effective August 11, 1989; emergency amendment at 13 Ill. Reg. 14467, effective September 1, 1989, for a maximum of 150 days; emergency amendment at 13 Ill. Reg. 16154, effective October 2, 1989, for a maximum of 150 days; emergency expired March 1, 1990; amended at 14 Ill. Reg. 720, effective January 1, 1990; amended at 14 Ill. Reg. 6321, effective April 16, 1990; amended at 14 Ill. Reg. 13187, effective August 6, 1990; amended at 14 Ill. Reg. 14806, effective September 3, 1990; amended at 14 Ill. Reg. 16957, effective September 30, 1990; amended at 15 Ill. Reg. 277, effective January 1, 1991; emergency amendment at 15 Ill. Reg. 1111, effective January 10, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 5291, effective April 1, 1991; amended at 15 Ill. Reg. 5698, effective April 10, 1991; amended at 15 Ill. Reg. 7104, effective April 30, 1991; amended at 15 Ill. Reg. 11142, effective July 22, 1991; amended at 15 Ill. Reg. 11948, effective August 12, 1991; amended at 15 Ill. Reg. 14073, effective September 11, 1991; emergency amendment at 15 Ill. Reg. 15119, effective October 7, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 16709, effective November 1, 1991; amended at 16 Ill. Reg. 3468, effective February 20, 1992; amended at 16 Ill. Reg. 9986, effective June 15, 1992; amended at 16 Ill. Reg. 11565, effective July 15, 1992; emergency amendment at 16 Ill. Reg. 13641, effective September 1, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 14722, effective September 15, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 17154, effective November 1, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 17764, effective November 13, 1992, for a maximum of 150 days; amended at 17 Ill. Reg. 827, effective January 15, 1993; amended at 17 Ill. Reg. 2263, effective February 15, 1993; amended at 17 Ill. Reg. 3202, effective February 26, 1993; amended at 17 Ill. Reg. 4322, effective March 22, 1993; amended at 17 Ill. Reg. 6804, effective April 21, 1993; amended at 17 Ill. Reg. 14612, effective August 26, 1993; amended at 18 Ill. Reg. 2018, effective January 21, 1994; amended at 18 Ill. Reg. 7759, effective May 5, 1994; amended at 18 Ill. Reg. 12818, effective August 5, 1994; amended at 19 Ill. Reg. 1052, effective January 26, 1995; amended at 19 Ill. Reg. 2875, effective February 24, 1995; amended at 19 Ill. Reg. 6639, effective May 5, 1995; emergency amendment at 19 Ill. Reg. 8409, effective June 9, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 15034, effective October 17, 1995; amended at 20 Ill. Reg. 858, effective December 29, 1995;
ILLINOIS REGISTER 3833 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS emergency amendment at 21 Ill. Reg. 673, effective January 1, 1997, for a maximum of a 150 days; amended at 21 Ill. Reg. 7404, effective May 31, 1997; recodified from the Department of Public Aid to the Department of Human Services at 21 Ill. Reg. 9322; amended at 22 Ill. Reg. 13642, effective July 15, 1998; emergency amendment at 22 Ill. Reg. 16348, effective September 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 18931, effective October 1, 1998; emergency amendment at 22 Ill. Reg. 21750, effective November 24, 1998, for a maximum of 150 days; emergency amendment at 23 Ill. Reg. 579, effective January 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 1607, effective January 20, 1999; amended at 23 Ill. Reg. 5548, effective April 23, 1999; amended at 23 Ill. Reg. 6052, effective May 4, 1999; amended at 23 Ill. Reg. 6425, effective May 15, 1999; amended at 23 Ill. Reg. 6935, effective May 30, 1999; amended at 23 Ill. Reg. 7887, effective June 30, 1999; emergency amendment at 23 Ill. Reg. 8650, effective July 13, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 10161, effective August 3, 1999; amended at 23 Ill. Reg. 13852, effective November 19, 1999; amended at 24 Ill. Reg. 2328, effective February 1, 2000; amended at 24 Ill. Reg. 11622, effective July 18, 2000; amended at 24 Ill. Reg. 13394, effective August 18, 2000; amended at 25 Ill. Reg. 5326, effective March 30, 2001; amended at 26 Ill. Reg. 179, effective January 1, 2002; amended at 26 Ill. Reg. 8532, effective May 31, 2002; amended at 26 Ill. Reg. 13521, effective September 3, 2002; amended at 27 Ill. Reg. 7252, effective April 7, 2003; amended at 28 Ill. Reg. 11139, effective July 21, 2004; emergency amendment at 28 Ill. Reg. 11366, effective July 21, 2004, for a maximum of 150 days; emergency amendment at 28 Ill. Reg. 12469, effective August 20, 2004, for a maximum of 150 days; emergency expired January 16, 2005; amended at 29 Ill. Reg. 648, effective December 16, 2004; amended at 29 Ill. Reg. 5703, effective April 11, 2005; amended at 29 Ill. Reg. 10176, effective July 5, 2005; amended at 30 Ill. Reg. 16065, effective September 21, 2006; amended at 31 Ill. Reg. 6981, effective April 30, 2007; amended at 31 Ill. Reg. 11306, effective July 19, 2007; amended at 32 Ill. Reg. 17187, effective October 16, 2008; peremptory amendment at 32 Ill. Reg. 18065, effective November 15, 2008; emergency amendment at 33 Ill. Reg. 4993, effective March 19, 2009, for a maximum of 150 days; emergency expired August 15, 2009; emergency amendment at 33 Ill. Reg. 7337, effective May 21, 2009, for a maximum of 150 days; emergency expired October 17, 2009; amended at 33 Ill. Reg. 12775, effective September 8, 2009; emergency amendment at 33 Ill. Reg. 12850, effective September 4, 2009, for a maximum of 150 days; emergency expired January 31, 2010; amended at 33 Ill. Reg. 13846, effective September 17, 2009; amended at 33 Ill. Reg. 15033, effective October 22, 2009; amended at 33 Ill. Reg. 16845, effective November 30, 2009; emergency amendment at 34 Ill. Reg. 6944, effective May 1, 2010, for a maximum of 150 days; emergency expired September 27, 2010; amended at 34 Ill. Reg. 7255, effective May 10, 2010; amended at 35 Ill. Reg. 1012, effective December 28, 2010; emergency amendment at 35 Ill. Reg. 6951, effective April 6, 2011, for a maximum of 150 days; emergency expired September 2, 2011; amended at 35 Ill. Reg. 17096, effective October 5, 2011; amended at 35 Ill. Reg. 18756, effective October 28, 2011; amended at 36 Ill. Reg. 15195, effective October 5, 2012; emergency
ILLINOIS REGISTER 3834 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS amendment at 36 Ill. Reg. 17567, effective December 1, 2012 through June 30, 2013; amended at 37 Ill. Reg. 8728, effective June 11, 2013; amended at 37 Ill. Reg. 14876, effective August 27, 2013; amended at 38 Ill. Reg. 16229, effective July 18, 2014; emergency amendment at 38 Ill. Reg. 17470, effective July 30, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 22654, effective November 20, 2014; amended at 39 Ill. Reg. 13260, effective September 21, 2015; amended at 41 Ill. Reg. 10331, effective July 21, 2017; amended at 42 Ill. Reg. 16195, effective August 7, 2018; amended at 43 Ill. Reg. 343, effective December 20, 2018; emergency amendment at 43 Ill. Reg. 4346, effective March 20, 2019, for a maximum of 150 days; amended at 43 Ill. Reg. 6992, effective May 31, 2019; amended at 43 Ill. Reg. 9122, effective August 9, 2019; emergency amendment at 43 Ill. Reg. 14438, effective November 26, 2019, for a maximum of 150 days; amended at 44 Ill. Reg. ______, effective ______.
SUBPART D: PAYMENT AMOUNTS
Section 113.253 Allowances for Increase in SSI Benefits
a) A monthlyAn allowance for $604.90$592.90 is authorized for all AABD cases as a "grant adjustment". A grant adjustment is an allowance that ensures that the amount of the SSI increase from July 1977 and later will be available to clients.
b) EXCEPTIONS: For clients whose assistance payments include an allowance for Sheltered Care or Care Not Subject to Licensing a "grant adjustment" of $10 is authorized. Individuals residing in long term group care facilities do not receive any "grant adjustment".
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 113.260 Sheltered Care, Personal Care, or Nursing Care Rates
Group A Needs Group B Counties Assessment Counties
$12831271 0-7 $12981286
$12891277 8 $13051293
$12961284 9 $13121300
ILLINOIS REGISTER 3835 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENTS
$13011289 10 $13201308
$13081296 11 $13271315
$13131301 12 $13341322
$13201308 13 $13421330
$13251313 14 $13481336
$13321320 15 $13561344
$13371325 16 $13641352
$13441332 17 $13701358
$13491337 18 $13781366
$13561344 19 $13851373
$13621350 20 $13921380
$13681356 21 $14001388
$13741362 22 $14071395
$13801368 23 $14141402
$13861374 24 $14211409 a) Group A Counties are counties other than Cook, DuPage, Kane, Lake, and Will. b) Group B Counties are Cook, DuPage, Kane, Lake, and Will. c) Rate includes shelter factor and approved activity and social rehabilitation programs.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
ILLINOIS REGISTER 3836 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENT
1) Heading of the Part: Early Intervention Program
2) Code Citation: 89 Ill. Adm. Code 500
3) Section Number: Proposed Action: 500.Appendix E Amendment
4) Statutory Authority: Implementing and authorized by the Early Intervention Services System Act [325 ILCS 20] and Part C of the Individuals with Disabilities Education Act (IDEA) (20 USC 1400 et seq., as amended in 1997); PA 101-10.
5) A Complete Description of the Subjects and Issues Involved: 89 Ill. Adm. Code 500 provides a non-exclusive list of medical conditions resulting in a high probability of a developmental delay in infants and toddlers. Pursuant to PA 101-10, this proposed amendment will expand the list of automatically eligible conditions for Early Intervention participants to include lead poisoning.
6) Any published studies or reports, along with the sources of underlying data that were used when composing 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 does not create or expand a State mandate.
12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may present their comments concerning this amendment within 45 days after the date of this issue of the Illinois Register. All requests and comments should be submitted in writing to:
Tracie Drew, Chief Bureau of Administrative Rules and Procedures Department of Human Services
ILLINOIS REGISTER 3837 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENT
100 South Grand Avenue East Harris Building, 3rd Floor Springfield IL 62762
217/785-9772
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations affected: Small businesses, small municipalities and not-for-profit corporations who provide Early Intervention services
B) Reporting, bookkeeping or other procedures required for compliance: None
C) Types of professional skills necessary for compliance: None
14) Small Business Impact Analysis: This 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 Amendment begins on the next page:
ILLINOIS REGISTER 3838 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENT
TITLE 89: SOCIAL SERVICES CHAPTER IV: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER e: EARLY CHILDHOOD SERVICES
PART 500 EARLY INTERVENTION PROGRAM
SUBPART A: GENERAL PROVISIONS
Section 500.10 Purpose 500.15 Incorporation by Reference 500.20 Definitions
SUBPART B: COMPONENTS OF THE STATEWIDE SYSTEM
Section 500.25 Public Awareness and Child Find 500.30 Central Directory 500.35 Local Interagency Councils 500.40 Illinois Interagency Council on Early Intervention 500.45 Regional Intake Entities 500.50 Eligibility 500.55 Early Intervention Services/Devices 500.60 Provider Qualifications/Credentialing and Enrollment 500.65 Monitoring
SUBPART C: SERVICE DELIVERY REQUIREMENTS Section 500.70 Intake 500.75 Eligibility Determination 500.80 Individualized Family Service Plan Development 500.85 Individualized Family Service Plan Implementation 500.90 Individualized Family Service Plan Updating 500.95 Case Transfer 500.100 Transition to Part B or Other Appropriate Services at Age Three 500.105 Case Closure 500.110 Recordkeeping 500.115 Service Provider Requirements
ILLINOIS REGISTER 3839 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENT
SUBPART D: FINANCIAL MATTERS
Section 500.120 Billing Procedures 500.125 Payor of Last Resort 500.130 Family Fee/Insurance
SUBPART E: PROCEDURAL SAFEGUARDS/CLIENT RIGHTS
Section 500.135 Minimum Procedural Safeguards 500.140 Request for a Due Process Hearing 500.145 Mediation 500.150 Confidentiality/Privacy 500.155 Right to Consent 500.160 Surrogate Parents 500.165 Written Prior Notice 500.170 State Complaint Procedure
500.APPENDIX A Sliding Fee Schedule 500.APPENDIX B Assessment Instruments (Repealed) 500.APPENDIX C Requirements for Professional and Associate Level Early Intervention (EI) Credentialing and Enrollment to Bill 500.APPENDIX D Use of Associate Level Providers 500.APPENDIX E Medical Conditions Resulting in High Probability of Developmental Delay (not an exclusive list)
AUTHORITY: Implementing and authorized by the Early Intervention Services System Act [325 ILCS 20] and Part C of the Individuals with Disabilities Education Act (IDEA) (20 USC 1400 et seq., as amended in 1997).
SOURCE: Adopted at 25 Ill. Reg. 8190, effective July 1, 2001; amended at 27 Ill. Reg. 2611, effective February 7, 2003; amended at 27 Ill. Reg. 13438, effective July 24, 2003; amended at 28 Ill. Reg. 8727, effective June 1, 2004; amended at 29 Ill. Reg. 2254, effective January 31, 2005; amended at 32 Ill. Reg. 2161, effective January 23, 2008; amended at 33 Ill. Reg. 8206, effective June 8, 2009; amended at 38 Ill. Reg. 11086, effective May 12, 2014; amended at 39 Ill. Reg. 14900, effective October 27, 2015; amended at 40 Ill. Reg. 9491, effective June 29, 2016; amended at 44 Ill. Reg. ______, effective ______.
ILLINOIS REGISTER 3840 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENT
Section 500.APPENDIX E Medical Conditions Resulting in High Probability of Developmental Delay (not an exclusive list)
1. Anomalies of Central Nervous System
Spina Bifida/Mylomeningolecele Spina Bifida with Hydrocephaly Anomalies of the Spinal Cord Encephalocele Hydroencephalapathy Microencephaly Congenital Hydrocephalus Reduction Deformities of Brain, including but not limited to:
Absence Agenesis Agyria Aplasia Arhinecephaly Holoprosencephaly Hypoplasia Lissencephaly Microgyria Schizencephaly
2. Birth weight: <1000 gm.
3. Chromosomal Disorders (most common, not to be used as an exclusive list)
Trisomy 21 (Down's Syndrome) Trisomy 13 Trisomy 18 Autosomal Deletion Syndromes Fragile X Syndrome Williams Syndrome Angelmann's Syndrome Prader-Willi Syndrome
4. Congenital Infections
ILLINOIS REGISTER 3841 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENT
Toxoplasmosis Rubella Sytomegalovirus Herpes Simplex with CNS involvement
5. Neonatal Meningitis
6. Cerebral Palsy
7. Craniofacial Anomalies (Major)
Cleft Palate
8. Disorders of the Sense Organs
Hearing loss of 30 decibels (dB) or greater at any two of the following frequencies: 500, 1000, 2000, 4000, and 8000 Hertz (Hz) involving one or both ears, or hearing loss of 35 dB or greater at any one of the following frequencies: 500, 1000, and 2000 (Hz) involving one or both ears. Visual Impairment Bilateral Amblyopia Severe Retinopathy of Prematurity ROP 3+ Bilateral Cataracts Myopia of 3 Dioptors or More Albinism
9. Disorders of the Central Nervous System
Hypsarrhythmia Acquired Hydrocephalus Stroke Traumatic Brain Injury Intraventricular Hemorrhage – Grade III, IV Hypoxic Ischemic Encephalopathy (with organ failure, seizures, renal failure, cardiac failure) Unspecified Encephalopathy Spinal Cord Injury Neonatal Seizures (secondary to asphyxia or hypoglycemia)
ILLINOIS REGISTER 3842 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENT
Central Nervous System Cysts Central Nervous System Tumors Periventricular Leukomalacia
10. Inborn Errors of Metabolism
11. Neuromuscular Disorders
Congenital Muscular Dystrophy Myotonic Dystrophy Werdnig-Hoffman (Spinal Muscular Atrophy) Congenital Myopathy Duchenne
12. Pervasive Developmental Disorder/Autistic Spectrum
13. Syndromes *(*see further instructions for Division of Specialized Care for Children (DSCC) referral)
Cornelia de Lange Lowe's Rett Rubenstein-Taybi CHARGE (multiple anomalies) VATER
14. Fetal Alcohol Syndrome
Not just exposure to alcohol in utero or fetal alcohol effects, but a diagnosis of the syndrome
15. Orthopedic Abnormalities
Brachioplexus at Birth Caudal Regression Proximal Focal Femoral Deformities Partial Amputations Holt-Oram Acquired Amputations
ILLINOIS REGISTER 3843 20 DEPARTMENT OF HUMAN SERVICES
NOTICE OF PROPOSED AMENDMENT
Arthrogryposis Multiplex Congenita Osteogenesis Imperfecta *(*see further instruction for DSCC referral)
16. Technology Dependent
Tracheostomy Ventilator Dependent *(*see further instruction for DSCC referral)
17. Social Emotional Disorders
Attachment or Relationship Disorder
18. Lead Poisoning (as defined in 77 Ill. Adm. Code 845.20)
Children with medical conditions that are not listed may be determined eligible for services by a qualified family physician, pediatrician, or pediatric subspecialist (pediatric neurologist, geneticist, pediatric orthopedic surgeon, pediatrician with special interest in disabilities) who provides written verification that the child's medical condition is associated with a high probability of developmental delay as listed in eligibility criteria.
Children with undiagnosed medical conditions or who require further medical evaluation may be referred by the Child and Family Connections (regional intake entity) for a medical diagnostic evaluation.
* Referring to DSCC – Children with Cleft Palate, Orthopedic Abnormalities, or other potential DSCC-eligible diagnoses associated with physical disabilities should be referred to the DSCCDivision of Specialized Care for Children (DSCC). DSCC may provide medical diagnostic support at no cost to the family. Simultaneously Child and Family Connections offices should complete the intake process as usual. DSCC will determine the type of ongoing assistance that they can provide.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
ILLINOIS REGISTER 3844 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: Voluntary Registration and Recognition of Nonpublic Schools
2) Code Citation: 23 Ill. Adm. Code 425
3) Section Numbers: Proposed Actions: 425.5 New Section 425.10 Amendment 425.20 Amendment 425.30 Amendment 425.40 Amendment 425.50 Amendment 425.60 Amendment 425.70 Amendment 425.75 New Section 425.90 Amendment
4) Statutory Authority: 105 ILCS 5/2-3.6
5) A Complete Description of the Subjects and Issues Involved: This Part is being modified to address several issues that have developed over time during the implementation of the registration and recognition program and to align with the enactment of PA 101-17. The rules governing the registration and recognition of nonpublic schools (Part 425) were adopted on December 7, 2009; since then, only five specific amendments have been made to the Part. A general overhaul of the rules is necessary to bring them into alignment with agency practice that has evolved over the past 10 years and to address any issues that have arisen. Additionally, PA 101-17, effective June 14, 2019, removed ISBE's duty to publish a list of textbooks authorized to be purchased under the Textbook Block Grant Program. Section 425.90 needs to be amended to reflect this statutory change.
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
ILLINOIS REGISTER 3845 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF PROPOSED AMENDMENTS
10) Are there any other rulemakings pending on this Part? No
11) Statement of Statewide Policy Objective: This rulemaking will not create or enlarge a State mandate.
12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Written comments may be submitted within 45 days of the publication of this Notice to:
Azita Kakvand Illinois State Board of Education 100 North First Street Springfield IL 62777-0001
217/782-6510 [email protected]
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) This rulemaking was not included on the most recent Regulatory Agenda: This rulemaking was not anticipated at the time the Regulatory Agenda was filed.
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER 3846 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF PROPOSED AMENDMENTS
TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER l: NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS
PART 425 VOLUNTARY REGISTRATION AND RECOGNITION OF NONPUBLIC SCHOOLS
Section 425.5 Definitions 425.10 Purpose and Applicability 425.20 Requirements for Registration 425.30 Requirements for Recognition 425.40 Process for Initial Recognition 425.50 Renewal of Recognition 425.60 Changes in Recognition Status 425.70 Appeals 425.75 Other Recognition Considerations 425.80 Block Grant Funds 425.90 Textbook Block Grant Program 425.100 Necessary Costs and Fees
AUTHORITY: Implementing Sections 2-3.25o, 3.51.5, 2-3.155 and authorized by Sections 2- 3.6 and 2-3.51.5 of the School Code [105 ILCS 5] and Section 5 of the Invest in Kids Act [30 ILCS 40].
SOURCE: Adopted at 33 Ill. Reg. 17123, effective December 7, 2009; amended at 36 Ill. Reg. 2241, effective January 26, 2012; amended at 37 Ill. Reg. 9492, effective June 19, 2013; amended at 39 Ill. Reg. 2219, effective January 22, 2015; amended at 40 Ill. Reg. 5027, effective March 2, 2016; amended at 42 Ill. Reg. 5912, effective March 15, 2018; amended at 44 Ill. Reg. ______, effective ______.
Section 425.5 Definitions
"Design Professional" means an architect licensed to practice in Illinois under the Illinois Architecture Practice Act of 1989 [225 ILCS 305], an engineer licensed to practice in Illinois under the Professional Engineering Practice Act of 1989 [225 ILCS 325], or an engineer licensed to practice in Illinois under the Structural
ILLINOIS REGISTER 3847 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF PROPOSED AMENDMENTS
Engineering Practice Act of 1989 [225 ILCS 340]. A design professional must be knowledgeable about the local building codes applicable to the school.
"School Code" or "Code" means 105 ILCS 5.
"State Board" means the State Board of Education.
"State Superintendent" means the State Superintendent of Education.
(Source: Added at 44 Ill. Reg. ______, effective ______)
Section 425.10 Purpose and Applicability
Section 2-3.25o of the School Code [105 ILCS 5/2-3.25o] requires the State Board of Education to provide for the voluntary registration and recognition of nonpublic elementary and secondary schools, as defined in that Section. Further, Sections 2-3.51.5 and 2-3.155 of the School Code [105 ILCS 5/2-3.51.5 and 2-3.155] make State-recognized, nonpublic schools eligible to receive funds under certain block grant programs.
a) The purpose of this Part is to set forth:
1) the requirements and procedures for nonpublic schools' voluntary registration;
2) the requirements and procedures for nonpublic schools' voluntary recognition;
3) the requirements and procedures for nonpublic schools' receipt of funding under Section 2-3.51.5 of the School Code; and
4) the requirements for monitoring nonpublic schools' use of funding under Section 2-3.155 of the School Code.
b) This Part doesshall not apply to special education facilities under Section 14-7.02 of the School Code [105 ILCS 5/14-7.02] (see 23 Ill. Adm. Code 401).
c) Nothing in this Part mayshall be construed as relieving a nonpublic school from the duty to comply with any other applicable State or federal law or regulatory requirement.
ILLINOIS REGISTER 3848 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF PROPOSED AMENDMENTS
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 425.20 Requirements for Registration
a) The State Superintendent of Education willshall make available an applicationa form to be used for nonpublic schools' voluntary registration. A school's initial registration may occur at any time from October 1 through June 30 of the relevant school year. Initial registration of a school mustshall occur by means of an application process specified by the State Superintendenta paper submission. Each paper registration applicationform shall bear the signature of the school's chief administrative officer and must be received by the Illinois State Board of Education no later than June 25 for the school to be registered by June 30.
1) Descriptive information that must be submitted by the school shall include, but is not limited to, the following:
A) the name of the school, its location and telephone number, its affiliation, and the name of the chief administrator;
B) demographic and other data on the enrolled students, including a student'senrolled by race, ethnicity, and grade level; and
C) data on the staff employed in various capacities.
2) The chief administrator of each school shall provide assurances to the State Superintendent that the school can document one of the following:
A) the school offers:
i) an academic term of at least 176 days of pupil attendance annually that meets the current statutory requirements regarding minimum hours of instruction per day (see Section 10-19.05 of the Code);annually,
ii) at least 880 per-pupil clock hours of instruction annually; or
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iii) an academic term that satisfies any other minimum instructional requirement established in statute that is applicable to public schools, including possible incorporation of exceptions provided for public schools;with at least five clock hours of instruction daily or at least 880 clock hours of instruction annually;
B) itthe school provides instruction in English, except as otherwise permitted pursuant to Section 27-2 of the School Code, [105 ILCS 5/27-2], in the branches of education taught to children of corresponding age and grade in the public schools [105 ILCS 5/26-1], including the language arts, mathematics, the biological, physical and social sciences, the fine arts, and physical development and health [105 ILCS 5/27-1];
C) itthe school requires the students who are enrolled to attend daily during the school's entire regular school term;
D) the physical facilities occupied by the school comply with the applicable local building code and fire safety requirements;
E) it requiresthe school will require evidence that, and furnisheswill furnish to the State Superintendent, of Education the required reports regarding the extent to which, students have complied with the requirements of Section 27-8.1 of the School Code [105 ILCS 5/27-8.1] and the rules of the Illinois Department of Public Health at 77 Ill. Adm. Code 665 with respect to health examinations, immunizations, eye examinations, and dental examinations; and cooperateswill cooperate in the implementation of the Child Vision and Hearing Test Act [410 ILCS 205] and the rules of the Illinois Department of Public Health at 77 Ill. Adm. Code 675 and 685 regarding hearing and vision screenings, respectively;
F) itthe school complies with the applicable requirements of Section 22-30 of the School Code [105 ILCS 5/22-30], to the extent that the school allows the self-administration and self-carry of asthma medication, diabetes medication, and/or epinephrine auto-injectors, Section 22-33 of the Code, the Care of Students with Diabetes Act,and the applicable requirements of Section 22-30 of the School
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Code and 23 Ill. Adm. Code 1.540 (Undesignated Epinephrine Auto-injectors; Opioid Antagonists), to the extent that the school allows the administration of undesignated epinephrine auto- injectors or opioid antagonists, and any other law or rule pertaining to the administration or self-administration of prescription or non- prescription medications;
G) it can document that each student participating in interscholastic athletics has had an annual physical examination (23 Ill. Adm. Code 1.530) and that it complies with the concussion policy and other requirements under Section 22-80 of the Code and Section 1.20 of the Interscholastic Athletic Organization Act;the school complies with the requirements of Section 22-80 of the School Code [105 ILCS 5/22-80]; and
H) itthe school complies with applicable federal and State laws prohibiting discrimination, including, but not limited to, Title IX of the Education Amendments of 1972 (20 USC 1681 et seq.), the Individuals with Disabilities Education Improvement Act of 2004 (20 USC 1400 et seq.), the Age Discrimination in Employment Act of 1967 (29 USC 621 et seq.), Titles VI and VII of the Civil Rights Act of 1964 (42 USC 2000d et seq., 2000e et seq.), the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.), the Illinois School Code [105 ILCS 5], and relevant case law; and, including Plyler v. Doe, 457 U.S. 202, 102 S. Ct. 2382 (1982).
I) it complies with applicable State and federal laws, relevant case law, and State and federal rules and regulations.
3) The chief administrator of each school mustshall provide evidence to the State Superintendentassurances that the school is a not-for-profit entity that is subject to the General Not For Profit Corporation Act of 1986 [805 ILCS 105] or is incorporated as a not-for-profit entity in another state and authorized to do business in the State of Illinois pursuant to the Business Corporation Act of 1983 [805 ILCS 5]. The evidence provided mustshall consist of the file number assigned to the not-for-profit entity by the Illinois Secretary of State, Department of Business Services. Under certain circumstances, as determined by the State Superintendent, the State
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Superintendent may accept an alternative form of evidence from the chief administrator to satisfy the requirements of this subparagraph.
4) The chief administrator of each school must provide documentation that it complies with the requirements of Section 2-3.13a of the Code and 23 Ill. Adm. Code 375.75.
b) Upon receipt of complete information for initial registration, including the required assurances, the State Superintendent mustshall assign a unique identifying number to the school. This number isshall be evidence of completed registration and permitsshall permit the school's chief administrator to apply for a user account affording access to the Illinois Web Application Security (IWAS) System, which the school may then use to exchange information with the State Superintendent of Education as relevant to its situation.
c) The application for renewal of a school's registration in any subsequent year must be submitted no sooner than October 1 and no later than November 15 of that school year or when prescribed by the State Superintendent. Annual renewal of a school's registration mustshall be performed in a manner prescribed by the State Superintendentelectronically and mustshall be submitted only by the school's chief administrator.
d) The chief administrator of each school applying to renew its registration mustshall submit to the State SuperintendentIllinois State Board of Education the same information and assurances required in subsection (a).
e) The State Superintendent may only register schools that have two or more of grades pre-kindergarten through 12.
f) Each school that is registered must have access to official documentation of the school's status. The State Superintendent must maintain a publicly available list of registered schools by school year for, at a minimum, the preceding 5 school years.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 425.30 Requirements for Recognition
a) No nonpublic school may be considered for recognition unless it was registered for the immediately previous school year and has renewed that registration for the
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current school year. Some requirements listed in this Part do not apply to a school whose educational program is delivered via correspondence, online, or through other similar means in acknowledgment of the fact that students participating in a school of this type do not gather in a physical location.No nonpublic school shall apply for recognition unless it was registered for the previous school year, except that a school whose educational program is delivered via correspondence may seek recognition without registration, in acknowledgment of the fact that students participating in a school of this type do not gather in a physical location and thus the school does not provide assurances about its compliance with requirements for health examinations, as required for registration under Section 2-3.25o(b) of the School Code. Recognition shall be granted only to schools that meet the requirements of this Section. A nonpublic school applying for recognition that has not applied for registration renewal by November 15 of the year in which the recognition application is submitted shall not be considered for recognition during the remainder of that school year. ba) Administrative Requirements
1) Each nonpublic school's recognition isshall be contingent upon evidence of compliance with the administrative requirements that are made applicable to nonpublic schools by relevant statutes, case law, or rules and regulations.
2) A school must document to the State Superintendent that it complies with the requirements of:
A) The school shall offer an academic term of at least 176 days of pupil attendance annually, with at least five clock hours of instruction daily or at least 880 clock hours of instruction annually.
B) The school shall require the students who are enrolled to attend daily during the entire regular school term.
C) The school shall comply with applicable federal and State laws prohibiting discrimination, including, but not limited to, Title IX of the Education Amendments of 1972 (20 USC 1681 et seq.), the Individuals with Disabilities Education Improvement Act (20 USC 1400 et seq.), the Age Discrimination in Employment Act of 1967 (29 USC 621 et seq.), Titles VI and VII of the Civil Rights Act of
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1964 (42 USC 2000d et seq., 2000e et seq.), the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.), the Illinois School Code [105 ILCS 5], and relevant case law, including Plyler v. Doe, 457 U.S. 202, 102 S. Ct. 2382 (1982).
AD) The school shall comply with the requirements of Section 4 of the Abused and Neglected Child Reporting Act [325 ILCS 5/4], Section 5 of the Missing Children Records Act [325 ILCS 50/5], Section 5 of the Missing Children Registration Law [325 ILCS 55/5], and the rules of the State Board of Education promulgated pursuant to Section 2-3.13a of the School Code [105 ILCS 5/2- 3.13a] (see 23 Ill. Adm. Code 375.75).
BE) The school shall comply with the requirements of the School Reporting of Drug Violations Act [105 ILCS 127].
CF) The school shall comply with the requirements of Sections 10- 27.1A and 10-27.1B of the School Code [105 ILCS 5/10-27.1A and 10-27.1B] regarding firearms and drug-related incidents in schools.
DG) The school shall comply with the requirements of Section 10-21.7 of the School Code [105 ILCS 5/10-21.7] regarding the reporting of attacks on school personnel.
32) The school must document to the State Superintendent that:Recognition shall also be contingent upon evidence of compliance with the additional administrative requirements of this subsection (a)(2).
A) It maintainsThe school shall maintain written descriptions of its governance structure and its policy-making procedure, maintainsshall maintain its policies in written form, and makesshall make its policies routinely available to parents of the students enrolled and to school staff, as well as to other individuals upon request; or.
B) It maintainsThe school shall maintain a written description of its methods for complying with the nondiscrimination requirements identified in subsection (a)(1)(C).
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cb) Educational Program Each nonpublic school's recognition isshall be contingent upon evidence of compliance with the programmatic requirements that are made applicable to nonpublic schools by relevant statutes, case law, or administrative rules or regulations.
1) The school must document that instruction isInstruction shall be provided in English, except as otherwise permitted pursuant to Section 27-2 of the School Code, in the branches of education taught to children of corresponding age and grade in the public schools (Section 26-1 of the School Code), including the language arts, mathematics, the biological, physical and social sciences, the fine arts, and physical development and health (Section 27-1 of the School Code).
2) Each school supported or maintained wholly or in part by public funds must document that it:
A) providesshall provide instruction in American patriotism, the principles of representative government, as enunciated in the American Declaration of Independence, the Constitution of the United States of America and the Constitution of the State of Illinois, and the proper use and display of the American flag (Section 27-3 of the Code);.
B) leads students in theThe Pledge of Allegiance daily (Section 27-3 of the Code);shall be recited daily in nonpublic schools supported or maintained in whole or in part by public funds. (Sections 27-3 and 27-4 of the School Code)
C) devotes notNot less than one hour per week to the study of the subject matter identified in subparagraph (A) in grades 7 and 8shall be devoted to the study of this subject matter in the seventh and eighth grades or their equivalent and in all high school grades (Section 27-4 of the Code);.
D) ensures that no student receives a certificate of graduation without passing an examination on the subjects listed in subparagraph (A) (Section 27-3 of the Code); andNo student shall receive a
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certificate of graduation from the eighth grade or from high school without passing an examination on these subjects.
E) ensures that noNo student shall be graduated from the eighth grade unless he or she has received instruction in the history of the United States and has given evidence of a comprehensive knowledge of the subject. (Section 27-21 of the School Code [105 ILCS 5/27-21])
3) The school mustshall provide health education as required by the Critical Health Problems and Comprehensive Health Education Act [105 ILCS 110]. dc) Personnel Requirements
1)Each nonpublic school's recognition isshall be contingent upon evidence of compliance with the requirements of Section 2-3.25o(c-5) of the School Code or with any other relevant statute, case law, or administrative rule. The school must document that:.
12) it requires fromEach school shall require of each new employee evidence of physical fitness to perform duties assigned and freedom from communicable disease (Section 24-5(b) of the Code)of freedom from communicable disease. A new or existing employee may be subject to additional health examinations, including screening for tuberculosis, as may be required under the administrative rules of the Illinois Department of Public Health at 77 Ill. Adm. Code 696 or any other relevant statute, case law, or administrative rule;.
23) itsEach school's personnel policies shall require:
A) monitoring the performance of each employee who provides or assists with instruction or has other instructional responsibilities (e.g., teachers, teacher aides, administrators, department chairs); and
B) formal evaluation at least every two years in terms of proficiency and competency;.
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34) students'Students' needs for support services such as counseling and social work areshall be evaluated when school staff believe consideration is needed, such as when there are changes in the student body or stresses within the surrounding community, and the school's staffing configuration reflectsshall reflect decision-making about how those needs should be addressed; and.
45) eachEach individual first assigned to a full-time teaching or administrative position at or after the beginning of the 2011-12 school year shall hold a bachelor's or higher degree.
56) eachEach individual first assigned to a full-time teaching or administrative position prior to the beginning of the 2011-12 school year who does not hold a bachelor's or higher degree shall participate annually in professional development that is demonstrably designed to strengthen his or her knowledge and skills in areas directly related to job duties (e.g., content-area knowledge or pedagogy for teaching staff, and administration, supervision, evaluation, or school management for administrators).
67) eachEach individual employed in a nonteaching or nonadministrative field requiring licensure (e.g., school nurses) holds and practicesshall hold and practice within the scope of the relevant license. ed) Health and Safety Each nonpublic school's recognition mustshall be contingent upon evidence of compliance with the health and safety requirements that are made applicable to nonpublic schools by the following relevant statutes, case law, or administrative rules. The school must document that:
1) theThe physical facilities occupied by the school shall comply with the applicable local building code and fire safety requirements. This compliance may be documented with any of the following:
A) For each school whose geographic location falls within the jurisdiction of a code authority, a copy of a certificate of occupancy issued by that authority, or a copy of a report of the most recent safety and fire inspection conducted by or on behalf of the relevant local authority and valid for the upcoming school year.
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B) For each school not located within the jurisdiction of any code authority, a letter provided by a design professional indicating that he or she has evaluated the facility and found no condition that would constitute a threat to the health and safety of the occupants and no condition that would constitute an obvious violation of the building code under Section 180.60.
C) For any school, the State Superintendent may accept a report from an individual other than a local authority or design professional.
2) ifIf the school provides reimbursable food service, the nutrition program and the facilities used mustshall comply with the Richard B. Russell National School Lunch Act (42 USC 1751 et seq.), the Child Nutrition Act of 1966 (42 USC 1771 et seq.), and the School Breakfast and Lunch Program Act [105 ILCS 125];.
3) it hasThe school shall have a wellness policy on file that complies with the requirements of the Child Nutrition and WIC Reauthorization Act of 2004 (section 204 of Public Law 108-265; 42 USC 1751 et seq.);.
4) The school shall require evidence that, and shall furnish to the State Superintendent of Education the required reports regarding the extent to which, students have complied with the requirements of Section 27-8.1 of the School Code [105 ILCS 5/27-8.1] and the rules of the Illinois Department of Public Health at 77 Ill. Adm. Code 665 with respect to health examinations, immunizations, eye examinations, and dental examinations; and shall cooperate in the implementation of the Child Vision and Hearing Test Act [410 ILCS 205] and the rules of the Illinois Department of Public Health at 77 Ill. Adm. Code 675 and 685 regarding hearing and vision screenings, respectively.
45) it compliesThe school shall comply with the requirements of the School Safety Drill Act [105 ILCS 128], including conducting a review of the plan in accordance with Section 25(f) of that Act;.
56) it compliesThe school shall comply with the requirements of the Eye Protection in School Act [105 ILCS 115];.
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67) it compliesThe school shall comply with the requirements of the Toxic Art Supplies in Schools Act [105 ILCS 135];.
78) it compliesThe school shall comply with the applicable requirements of the Asbestos Abatement Act [105 ILCS 105]; and.
9) The school shall comply with the applicable requirements of Section 22- 30 of the School Code [105 ILCS 5/22-30], to the extent that the school allows the self-administration and self-carry of asthma medication and/or epinephrine auto-injectors, and the applicable requirements of Section 22- 30 of the School Code and 23 Ill. Adm. Code 1.540 (Undesignated Epinephrine Auto-injectors; Opioid Antagonists), to the extent that the school allows the administration of undesignated epinephrine auto- injectors or opioid antagonists.
810) it compliesThe school shall comply with the requirements of Section 22- 80 of the School Code [105 ILCS 5/22-80].
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 425.40 Process for Initial Recognition
A nonpublic school may choose whether to seek recognition under subsection (a) or subsection (b) of this Section. An application for initial recognition may be submitted at any time.
a) Direct Recognition
1) The chief administrator of a registered nonpublic school mustshall submit an application for recognition, using a format specified by the State Superintendent of Education. The application mustshall include summary information about the school, including but not limited to, various assurances of compliance and information about its educational program and its intended calendar for the upcoming school year, as well as a report of the most recent fire inspection conducted by or on behalf of the relevant local authority.
A) For each school whose geographic location falls within the jurisdiction of a code authority, a copy of a certificate of occupancy issued by that
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authority and valid for the upcoming school year shall be included with the application.
B) For each school not located within the jurisdiction of any code authority, the application shall include a letter provided by a design professional, indicating that that individual has evaluated the facility and found no condition that would constitute a threat to the health and safety of the occupants and no condition that would constitute an obvious violation of the building code incorporated at 23 Ill. Adm. Code 180.60.
C) For each school whose most recent fire inspection report is more than one year old, the application shall include a letter provided by either a design professional or an individual who meets the requirements of the rules of the Office of the State Fire Marshal at 41 Ill. Adm. Code 111.30 (General Requirements for a Qualified Fire Official), indicating that that individual has evaluated the facility and found no condition that would constitute a fire hazard.
D) A "design professional" is an architect licensed to practice in Illinois under the Illinois Architecture Practice Act of 1989 [225 ILCS 305] and the administrative rules of the Department of Financial and Professional Regulation implementing that Act (68 Ill. Adm. Code 1150), an engineer licensed to practice in Illinois under the Illinois Professional Engineering Practice Act of 1989 [225 ILCS 325] and the applicable administrative rules of the Department of Financial and Professional Regulation (68 Ill. Adm. Code 1380) or an engineer licensed to practice in Illinois under the Structural Engineering Practice Act of 1989 [225 ILCS 340] and the applicable rules of the Department of Financial and Professional Regulation (68 Ill. Adm. Code 1480).
2) Upon receipt of a complete application, the State Superintendent mustshall schedule a recognition visit and empanel a review team, whose members must, at a minimum,shall include the following people, unless this requirement is waived by the State Superintendent due to extenuating circumstances. The State Superintendent may authorize the nonpublic school to select the team members from subparagraphs (B) and (C).at least
A) a representative of the State Superintendent;,
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B) an individual who is familiar with the public educational milieu, such as an administrative or instructional employee ofa representative of a public educational entity such as a school district or regional office of education, or a representative of a department of education at a public college or university; and either
C) an individual who is familiar with the nonpublic educational milieu, such as a representative of a nonpublic school, other than the school whose recognition is being considered, or a representative of a department of education at a nonpublic college or universityanother individual who is familiar with the nonpublic educational milieu. The team shall visit the school to verify its compliance with the requirements of this Part. The chief administrator shall be notified in advance of the visit regarding the documentation that must be presented relative to each requirement of Section 425.30 of this Part.
3) As part of a school visit, theThe team mustshall observe the operations of the school, review the required documentation, and, in a format specified by the State Superintendent, prepare a report of its findings, including a recommendation regarding recognition of the school, for the consideration of the State Superintendent to determine the recognition of the school as full, pending, probationary, or none, as described in Section 425.50(c).
4) AfterUpon consideration of the evidence presented and the recommendations of the review team and relevant staff members, the State Superintendent mustshall recognize the school if it meets the requirements of Sections 425.20 andSection 425.30 of this Part. If recognition is not granted or is less than full recognition, the State Superintendent must identifySuperintendent's notice to the schoolchief administrative officer shall identify the deficiencies leading to that determination and Section 425.70 of this Part shall apply. The State Superintendent must allow a school that is assigned a recognition status of "recognized pending further review" or "on probation" an opportunity to resolve those deficiencies preventing full recognition status.
5) The State Superintendent may postpone until the following school year consideration for recognition of a school whose application is received in
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the offices of the State Board after the resources for that consideration have been exhausted for the current school year. b) Recognition via External Accrediting Organizations
1) After receipt of a request for recognition from an accrediting organization, theThe State Superintendent mustof Education shall review the processes used by that organizationvarious accrediting organizations to identify if that entity'sthose entities whose approval, recognition, or accreditation of schools is granted on the basis of compliance with at least the requirements of Sections 425.20 andSection 425.30 or if the accrediting organization can properly review a registered nonpublic school for recognition under this Part on behalf of the State Superintendentof this Part. The State Superintendent must approve an entity meeting this standard for the entity to be able to review a registered nonpublic school for recognition purposes under this Part.A nonpublic school shall receive State recognition upon presentation of evidence that it has received approval, recognition, or accreditation from any of these entities. Probationary recognition shall be assigned if the accrediting body has assigned a comparable status to the school.
2) In keeping with the review cycle and process of the relevant accrediting organization, each registered nonpublic school recognized under this Part through an accrediting organization approved by the State Superintendent must be visited by that accrediting organization. The school must submit documentation of the recognition visit to the State Superintendent from the accrediting organization by the required deadline, as determined by the State Superintendent. The State Superintendent must evaluate the documentation and assign the school a status of "fully recognized," "recognized pending further review," "on probation" or no recognition, as described in Section 425.50(c), based on the observations of the accrediting body in the same manner as when evaluating site visit reports generated under subsection (a).
3) The State Superintendent must periodically review the processes of approved accrediting organizations to confirm the organization's ongoing alignment with the requirements of this Part.
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4) The State Superintendent mustshall maintain on the agency's websiteweb site a list of all accrediting organizationsentities whose determinations are accepted pursuant to this subsection (b)(1) of this Section.
c) The State Superintendent must treat each registered nonpublic school recognized under subsection (b) in the same manner as a registered nonpublic school recognized under subsection (a).Each school that is recognized shall receive a Certificate of Nonpublic School Recognition reflecting that status.
d) Recognition shall be valid until the school's recognition status is determined in the following school year and shall be subject to renewal as provided in Section 425.50 of this Part.
e) Recognition that is granted pursuant to this Part shall not be extended to any additional campus, site, or school, nor shall it affect students who are not in attendance at the site to which recognition was specifically granted.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 425.50 Renewal of Recognition
a) Cycle for On-Site Review
1) Each nonpublic school recognized pursuant to Section 425.40(a) of this Part and seeking continued recognition mustshall receive periodic visits by a review team as may be deemed necessary by the State Superintendent to ascertain the degree to which the school complies with applicable requirements of Sections 425.20 and 425.30 and 425.40(a) of this Part and, for those schools receiving block grant funds under Section 2-3.51.5 of the School Code [105 ILCS 5/2-3.51.5], the degree to which the school complies with the requirements of Section 425.80 of this Part. The process for renewal visits must be conducted in the same manner as visits conducted under Section 425.40. TheOn those occasions, the team shall observe the school's operations, confirm compliance with applicable requirements and prepare a report as provided in Section 425.40 of this Part. When the school's application for renewal of its recognition is received, the State Superintendent mustshall consider the evidence presented and proceed as discussed in subsection (c) of this Section.
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2) Each school recognized pursuant to Section 425.40(b) mustof this Part shall be visited in keeping with the review cycle of the relevant accrediting organization. If this review results in a change in a school's recognition status or results in loss of recognition in the course of a school year, the change affects the school's status for the year of the review.When the school's application for renewal of its recognition is received, the State Superintendent shall:
A) renew the school's recognition, if the accrediting organization has renewed the school's accreditation; or
B) assign another status as provided in subsection (c) of this Section, if the accrediting organization has not renewed the school's accreditation. b) Renewal in Intervening Years
1) For each school year between on-site reviews, the chief administrator of a school recognized pursuant to Section 425.40(a) mustof this Part shall apply for renewal of the school's recognition by submitting, in aan electronic format and time specified by the State Superintendent of Education, assurances that the school continues to comply with the requirements of this Part, including any revisions that may have occurred, and that no significant changes have been made in its operations, its facilities, or its programs that would negatively impact recognition.
2) If annual professional development is required for any staff member pursuant to Section 425.30(d)(5)(c)(6) of this Part, the school's chief administrator must separatelyshall also submit an assurance thata written plansplan for ensuring that the affected individuals complete relevant activities are in place and are being followed. The school must maintain copies of these plans and proof of their implementation in the individual's personnel file.
32) For each school year between on-site reviews, the chief administrator of a school recognized pursuant to Section 425.40(b) mustof this Part shall apply for renewal of the school's recognition by submitting, in a manner determined by the State Superintendent, evidence that the school's
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accreditation from the relevant organization is in effect for that school year. c) Upon consideration of the application materials and the report, and recommendation of the review team if a visit was conducted, the State Superintendent mustshall assign a recognition status to the nonpublic school.
1) The State Superintendent must assign aA school a status ofshall be "fully recognized" if the schoolit meets the requirements of this Part, including each school whose accreditation by the relevant organization is in effect until the school's recognition status is determined in the following school year.
2) The State Superintendent may recognize a school, but assign a school a status ofA school shall be "recognized pending further review" if the schoolit exhibits areas of noncompliance that:
A) are not serious enough to warrant probation as delineated in subsection (c)(3) of this Section; and
B) can be anticipated to be corrected prior to the end of the school year following the school year in which they are identified.
3) The State Superintendent may recognize a school, but assign it a status ofA school shall be placed "on probation" if the school has significant areas of noncompliance or areas of noncompliance that can be anticipated to require extended time for correction. Areas of significant noncompliance may include, but are not limited to, the followingit:
A) exhibiting multipleexhibits deficiencies that present a health hazard or a danger to students or staff;
B) failingfails to offer required coursework;
C) employingemploys personnel who lack the required qualifications;
D) failingfails or refusingrefuses to serve students according to relevant legal requirements; and/or
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E) prolonging or repeatingprolongs or repeats instances of noncompliance to a degree that indicates an intention not to comply with relevant requirements. d) When a school is recognized pending further review, the school's chief administrator may, within 30 days after receipt of notification to this effect, request a conference at which representatives of the school mustwill have an opportunity to discuss compliance issues with representatives of the State Board of Education. e) When a school is placed on probation, representatives of the State Board must conductthe State Superintendent shall schedule a conference at which representatives of the school maywill discuss compliance issues with representatives of the State Board of Education, unless the chief administrator has appealed the school's status as provided in Section 425.70 of this Part. If requested by the representatives of the State Board, withinWithin 60 days following a conference under this subsection (e), the school's chief administrator shall submit to the State Superintendent a plan for corrective action that conforms to the requirements of subsection (f) of this Section. f) The State Superintendent must review andof Education shall respond to the submission of a plan within 15 days after receiving it. The State Superintendent mustshall approve a plan if it:
1) specifies steps to be taken that are directly related to the areas of noncompliance cited;
2) provides evidence that the school has the resources and the ability to take the steps described without giving rise to other issues of compliance that would lead to probationary status; and
3) specifies a timeline for correction of the cited deficiencies that is demonstrably linked to the factors leading to noncompliance and is no longer than needed to correct the identified problems. g) If a school's plan is not approvable under subsection (f) of this Section, the State Superintendent mustshall notify the school's chief administrator to this effect. If no plan is submitted, or if no approvable plan is received within 60 days after the
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conference with representatives of the State Board, the school's recognition mayshall be withdrawn, subject to appeal under Section 425.70 of this Part.
h) If, at any time while a plan for corrective action is in effect, the State Superintendent determines that the agreed-upon actions are not being implemented in accordance with the plan or the underlying areas of noncompliance are not being remedied, the State Superintendent mayshall withdraw the school's recognition, subject to appeal under Section 425.70 of this Part.
i) If a recognized nonpublic school fails to renew its registration under subsection (b)(1), the school forfeits its recognition status. Because this loss of recognition status is not due to an administrative action by the State Superintendent, the appeal process in Section 425.70 does not apply. A school seeking to receive a recognition status after forfeiting its status under this subsection must follow the procedures in Section 425.40.
j) If a recognized nonpublic school renews its registration but fails to annually renew its recognition as required in subsection (b)(1), the school forfeits its recognition status. Because this loss of recognition status is not due to an administrative action by the State Superintendent, the appeal process in Section 425.70 does not apply. A school seeking to receive a recognition status after forfeiting its status under this subsection must follow the procedures in Section 425.40.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 425.60 Changes in Recognition Status
A nonpublic school's recognition status may be changed by the State Superintendent of Education at any time to reflect information confirmed during compliance monitoring or by any other means, subject to the provisions of Section 425.70 of this Part. Except in instances in which the State Superintendent determines there is an emergency situation present at a school, noNo school may have its recognition removed by administrative actionshall be nonrecognized without first having been placed on probation.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 425.70 Appeals
ILLINOIS REGISTER 3867 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF PROPOSED AMENDMENTS
A school's chief administrator who wishes to appeal a nonpublic school's placement intoon probation or nonrecognition status mustshall submit to the State Superintendent of Education a written statement of appeal within 14 days after receiving notification of the plannedrecommended status change.
a) Within 30 days after receipt of the appeal, the State Superintendent or a designee mustshall convene a hearing to review all pertinent information, including the procedures that led to the plannedrecommended recognition status change. Representatives of the affected school mustshall have an opportunity to present evidence demonstrating that the school complies with the requirements of this Part.
b) No later than 30 days after the conclusion of the hearing, the State Superintendent mustshall inform the school's chief school administrator of the State Superintendent's determinationschool's recognition status. If there is no change in the school's recognition status, the school does not need to take any further action. If the school's recognition is removed, and the school wishes to become recognized again, the school must follow the procedure in Section 425.40. The decision of the State Superintendent of Education isshall be a final administrative decision, subject to the Administrative Review Law [735 ILCS 5/Art. III].
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 425.75 Other Recognition Considerations
a) Recognition that is granted under this Part may not be extended to any additional campus, site, or school and may not affect students who are not in attendance at the site to which recognition was specifically granted.
b) Each school that is recognized must have access to official documentation of the school's status. The State Superintendent must maintain a publicly available list of recognized schools by school year for, at minimum, the preceding 5 school years.
(Source: Added at 44 Ill. Reg. ______, effective ______)
Section 425.90 Textbook Block Grant Program
ILLINOIS REGISTER 3868 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF PROPOSED AMENDMENTS
Recognized nonpublic schools serving students in kindergarten through grade 12 are eligible to receive annual funding for the direct purchase of selected secular textbooks that have been preapproved and designated by the State Board of Education (see Section 2-3.155 of the School Code).
a) Funding received under the Textbook Block Grant Program shall be used only for the direct purchase of secular textbooks, as defined in Section 2-3.155(b) of the School Code, that have been preapproved and designated by the State Superintendent of Education.
b) For the purposes of monitoring compliance with Section 2-3.155(d) of the School Code, each nonpublic school that receives funding under the Textbook Block Grant Program shall provide to the State Superintendent, upon request, a copy of the purchase order and receipt confirmation for any textbooks acquired that includes the:
1) title of each textbook purchased, including its International Standard Book Number (ISBN), or, if no ISBN is provided, a description of the materials purchased;
2) quantity received; and
3) total cost of the textbooks ordered.
c) Records associated with the purchase of textbooks under Section 2-3.155 of the School Code shall be maintained for three years following the school year in which the textbooks were purchased.
d) In the event that the nonpublic school fails to comply with Section 2-3.155 of the School Code and this Section, then it shall return to the State Board of Education any grant funds expended on textbooks not in compliance with Section 2-3.155 of the School Code.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
ILLINOIS REGISTER 3869 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
1) Heading of the Part: The Administration and Operation of the State Employees' Retirement System of Illinois
2) Code Citation: 80 Ill. Adm. Code 1540
3) Section Numbers: Proposed Actions: 1540.80 Amendment 1540.190 Amendment 1540.380 Amendment
4) Statutory Authority: 40 ILCS 5/14-123; 40 ILCS 5/14-123.1; 40 ILCS 5/14-124; 40 ILCS 5/14-135.03
5) A Complete Description of the Subjects and Issues Involved: The proposed rules clarify the situation in which a member has accepted a refund or an annuity for service earned under the Teachers' Retirement System or the State Universities' Retirement System and applies for either a temporary disability benefit or non-occupational disability benefit from SERS. The clarification provides that such credits earned under TRS or SURS shall not be considered for disability benefit eligibility and duration purposes.
These rules provide consistency in the method used to measure "final average compensation" for disability benefits purposes. The rules provide that the method in measuring "final average compensation" for such benefits shall be based on the date in which the member exits the payroll. This methodology is consistent with how pension benefits are calculated.
Additionally, the proposed rules clarify that for purposes of Section 14-124.5 of the Code, reports shall mean independent medical examinations performed by licensed healthcare professionals.
These rules clarify that compensation received that represents back wages shall be assigned to the pay period in which it was earned.
Additionally, the rules provide that the System may refer debt attributable to overpaid benefit payments to the Attorney General, the Debt Collection Board, the Comptroller's Offset System, or a private collection agency.
Finally, various technical and grammatical changes are made to the "Mistake In Benefit" section.
ILLINOIS REGISTER 3870 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
6) Published studies and 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? Yes
Section Numbers: Proposed Actions: Illinois Register Citations: 1540.80 Amendment 43 Ill. Reg. 13769; December 2, 2019 1540.125 New Section 43 Ill. Reg. 13769; December 2, 2019 1540.395 Amendment 43 Ill. Reg. 13769; December 2, 2019
11) Statement of Statewide Policy Objective: This rulemaking does not create or expand the State mandate as defined in Section 3(b) of the State Mandates Act [30 ILCS 805/3(b)].
12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Comments on this proposed rulemaking may be submitted in writing for a period of 45 days following publication of this Notice. Comments should be submitted to:
Jeff Houch State Retirement Systems 2101 South Veterans Parkway PO Box 19255 Springfield IL 62794-9255
217/524-8105 fax: 217/557-3943 [email protected]
13) Initial Regulatory Flexibility Analysis:
A) Types of small businesses, small municipalities and not-for-profit corporations affected: None
ILLINOIS REGISTER 3871 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
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 impact on small businesses.
15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not anticipated by the System when the most recent regulatory agendas were published.
The full text of the Proposed Amendments begins on the next page:
ILLINOIS REGISTER 3872 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE D: RETIREMENT SYSTEMS CHAPTER I: STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
PART 1540 THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
Section 1540.5 Introduction (Repealed) 1540.10 Appointment of Retirement System Coordinator 1540.20 Member's Contribution and Service Credit 1540.30 Determination of Rate of Compensation 1540.40 Prior Service Credit 1540.50 Credit for Service for Which Contributions are Permitted 1540.60 Severance of Employment – A Condition to the Payment of a Refund or Retirement Annuity 1540.70 Death Benefits 1540.80 Disability Claims 1540.90 Benefit Offset 1540.100 Birth Date Verification 1540.110 Marriage Verification 1540.120 Level Income Option 1540.130 Pension Credit for Unused Sick Leave 1540.140 Removal of Children from Care of Surviving Spouse 1540.150 Proof of Dependency 1540.160 Investigations of Benefit Recipients 1540.170 Interest on Member Contributions 1540.180 Date of Application – Retirement Annuity, Occupational and Nonoccupational and Temporary Disability Benefits, and Resignation Refund Payments 1540.190 Lump Sum Salary Payments 1540.195 Mandatory Distributions Pursuant to Section 401(a)(9) of the Internal Revenue Code 1540.200 Removal from the Payroll 1540.210 Latest Date of Membership 1540.220 Period for Payment and Amount of Payment of Contributions 1540.230 Contributions by the State (Repealed) 1540.240 Actuarially Funded Basis (Repealed) 1540.250 Payments to Establish Credit for Service for Which Contributions are Permitted
ILLINOIS REGISTER 3873 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
1540.255 Pick-up Option for Optional Service Contributions 1540.260 Contributions and Service Credit During Nonwork Periods 1540.270 Written Appeals and Hearings 1540.280 Availability for Public Inspection (Recodified) 1540.290 Procedure for Submission, Consideration and Disposition of Petitions Seeking the Promulgation, Amendment or Repeal of these Rules and Regulations (Recodified) 1540.300 Organization of the State Employees' Retirement System (Recodified) 1540.310 Amendments 1540.320 Optional Forms of Benefits – Basis of Computation 1540.330 Board Elections 1540.340 Excess Benefit Arrangement 1540.350 Qualified Illinois Domestic Relations Orders (QILDRO) 1540.360 Election to be an Employee under Section 14-103.05(b)(3) of the Illinois Pension Code 1540.370 Americans With Disabilities Act 1540.380 Correction of Mistakes in Benefit Payments 1540.385 Suspension of Benefits from Uncashed Warrants 1540.390 Freedom of Information Act 1540.395 Accelerated Pension Benefit Payment Program 1540.400 Multiple Survivors of a Tier 2 Member
1540.APPENDIX A Grievance Form 1540.TABLE A Optional Forms of Benefits – Basis of Computation
AUTHORITY: Implementing and authorized by Article 14 of the Illinois Pension Code [40 ILCS 5].
SOURCE: Filed December 20, 1977, effective December 31, 1977; filed and effective February 28, 1978; emergency rule at 4 Ill. Reg. 2, page 246, effective January 1, 1980; amended at 4 Ill. Reg. 12, pages 530, 532, 534, effective March 11, 1980; emergency rule at 4 Ill. Reg. 46, page 1300, effective November 1, 1980; amended at 5 Ill. Reg. 3454, effective March 19, 1981; amended at 5 Ill. Reg. 7225, effective July 1, 1981; amended at 5 Ill. Reg. 12846, effective October 30, 1981; amended at 6 Ill. Reg. 2114, effective January 29, 1982; amended at 6 Ill. Reg. 5505, effective April 16, 1982; codified at 6 Ill. Reg. 10935; emergency amendment at 6 Ill. Reg. 11084, effective August 31, 1982, for a maximum of 150 days; amended at 7 Ill. Reg. 677, effective December 30, 1982; amended at 7 Ill. Reg. 8831, effective July 15, 1983; emergency amendment at 8 Ill. Reg. 359, effective January 1, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 4144, effective March 26, 1984; Sections 1540.280, 1540.290 and 1540.300 recodified to 2 Ill. Adm. Code 2375 at 8 Ill. Reg. 15902; amended at 9 Ill. Reg. 12375, effective
ILLINOIS REGISTER 3874 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
July 30, 1985; emergency amendment at 9 Ill. Reg. 19752, effective December 5, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 8889, effective May 14, 1986; amended at 11 Ill. Reg. 11155, effective June 15, 1987; amended at 14 Ill. Reg. 10498, effective June 19, 1990; amended at 15 Ill. Reg. 7379, effective April 26, 1991; amended at 16 Ill. Reg. 14407, effective September 4, 1992; amended at 20 Ill. Reg. 8033, effective June 15, 1996; emergency amendment at 21 Ill. Reg. 476, effective January 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 4992, effective April 1, 1997; emergency amendment at 21 Ill. Reg. 13187, effective September 15, 1997, for a maximum of 150 days; amended at 22 Ill. Reg. 967, effective December 22, 1997; amended at 22 Ill. Reg. 15363, effective August 10, 1998; amended at 23 Ill. Reg. 3824, effective March 9, 1999; amended at 23 Ill. Reg. 11313, effective September 1, 1999; amended at 24 Ill. Reg. 6975, effective April 20, 2000; amended at 24 Ill. Reg. 18090, effective December 1, 2000; amended at 25 Ill. Reg. 5632, effective April 4, 2001; emergency amendment at 26 Ill. Reg. 11133, effective June 28, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 16575, effective October 22, 2002; emergency amendment at 28 Ill. Reg. 8775, effective July 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 15628, effective November 18, 2004; amended at 29 Ill. Reg. 15554, effective October 1, 2005; amended at 30 Ill. Reg. 12303, effective July 1, 2006; amended at 31 Ill. Reg. 211, effective December 21, 2006; amended at 32 Ill. Reg. 17779, effective October 29, 2008; emergency amendment at 33 Ill. Reg. 9449, effective June 19, 2009, for a maximum of 150 days; emergency expired November 15, 2009; amended at 34 Ill. Reg. 285, effective December 15, 2009; amended at 34 Ill. Reg. 8313, effective June 10, 2010; amended at 38 Ill. Reg. 4023, effective January 24, 2014; emergency amendment at 39 Ill. Reg. 2792, effective February 6, 2015, for a maximum of 150 days; emergency amendment modified in response to Joint Committee on Administrative Rules Objection at 39 Ill. Adm. Code 5626, effective April 7, 2015, for the remainder of the 150 days; amended at 39 Ill. Reg. 9582, effective June 26, 2015; amended at 41 Ill. Reg. 4217, effective March 22, 2017; amended at 42 Ill. Reg. 9568, effective May 29, 2018; emergency amendment at 42 Ill. Reg. 21436, effective November 13, 2018, for a maximum of 150 days; amended at 43 Ill. Reg. 768, effective December 19, 2018; amended at 43 Ill. Reg. 3965, effective March 18, 2019; amended at 43 Ill. Reg. 9252, effective August 16, 2019; amended at 44 Ill. Reg. 534, effective December 27, 2019; amended at 44 Ill. Reg. ______, effective ______.
Section 1540.80 Disability Claims
a) Nonoccupational Disability and Temporary Disability
1) Any member of the State Employees' Retirement System (SERS) claiming benefits for nonoccupational disability or temporary disability shall file at the SERS Springfield Office of the System a written application on forms prescribed by the Board.
ILLINOIS REGISTER 3875 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
2) If a member makes a payment of contributions to SERS the System in order to establish sufficient credit to qualify for a nonoccupational disability benefit, payment of the benefit shall accrue as of the latter of the 31st day of absence from work (including any periods of thesuch absence for which sick pay was received), the day after the member is last entitled to receive compensation (including any sick pay), or the date of payment to SERSthe System. The date of payment of the required contributions shall be determined in accordance with the provisions of Section 1540.220(a) (Period for Payment). If a member is receiving a nonoccupational disability benefit, and incurs a concurrent sickness or condition that is severe enough to disable the member past the period in which the member is disabled from the original sickness or condition, the nonoccupational benefit would continue uninterrupted and the member would not be required to obtain a new leave of absence or incur a new 30 day waiting period. A benefit will continue uninterrupted in the manner described only if the member is otherwise eligible for the benefit and a physician's report is provided and supports the disabling sickness or condition.
3) If a member makes a payment of contributions to SERS the System in order to establish sufficient credit to qualify for a temporary disability benefit, payment of the benefit shall accrue as of the latter of the 31st day after the member is last entitled to receive compensation or the date of payment to SERS the System. The date of payment of the required contributions shall be determined in accordance with the provisions of Section 1540.220(a) (Period for Payment).
4) If a member who is receiving a nonoccupational or temporary disability benefit wishes to make a payment of contributions to extend the period of eligibility for receipt of the benefit, the request to make the payment must be received at the SERS Springfield Office of the System before the period of eligibility terminates and the date of payment of the required contributions shall be determined in accordance with the provisions of Section 1540.220(a) (Period for Payment).
5) If a member requests to have service credits under the State Universities Retirement System (SURS) or the Teachers' Retirement System of the State of Illinois (TRS) considered for the purposes of determining
ILLINOIS REGISTER 3876 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
nonoccupational or temporary disability benefit eligibility under Section 14-124 or 14-123.1 of the Illinois Pension Code, or for purposes of calculating the total period of time for which benefit will be paid, SERS shall not include in its calculations any credits accrued under Article 15 or 16 of the Code that have been forfeited by acceptance of a refund or applied toward a retirement annuity and that have not been restored or otherwise reestablished in accordance with the requirements of those Articles of the Code. Credits accrued under Article 15 or 16 of the Code that have been forfeited by acceptance of a refund or applied toward a retirement annuity, and that have not been restored or otherwise reestablished in accordance with the requirements of those Articles of the Code, shall not be considered for purposes of determining eligibility for a nonoccupational or temporary disability benefit under Section 14-124 or 14-123.1 of the Code or in determining the total period of time for which such a benefit is payable. b) Occupational Disability Any member of SERSthe Retirement System claiming benefits for occupational disability shall file at the SERS Springfield Office of the System a written application on forms prescribed by the Board. c) Licensed Healthcare Professionals
1) Before an occupational, nonoccupational or temporary disability benefit can be approved, one statement must be received from a licensed healthcare professional attesting to the disability. An additional statement from a second licensed healthcare professional may be required by the disability examiner assigned to the case, depending on the nature of the disabling condition.
2) The term "licensed healthcare professional" shall mean any individual defined as a "licensed healthcare professional" by Section 14-103.42 of the Code. For the purposes of Section 14-124.5 of the Code, "reports" mean independent medical examinations.All licensed physicians must submit their registration number on all reports submitted to the Retirement System. d) Report of Licensed Healthcare Professionals
ILLINOIS REGISTER 3877 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
1) All licensed healthcare professional's reports shall contain, among other things, the date and place of the first examination, the cause and nature of the disability, information regarding surgical work or laboratory tests, the date of last examination, prognosis regarding the member's disability, and an estimate of the probable length of disability.
2) All licensed healthcare professional's reports shall be signed by a licensed practicing healthcare professional or by medical records personnel of a licensed clinic. e) Gainful Employment In the case of occupational, nonoccupational or temporary disability, an individual who is found to be gainfully employed shall have the benefit terminated. The term "gainfully employed" shall mean either of the following:
1) Any employment by or for the State of Illinois.
2) Effective January 1, 2019, any individual who exceeds $3,660 in remuneration in any calendar quarter (the "calendar quarter limitation") will have his or her benefit suspended at the end of the quarter when the calendar quarter limitation was exceeded. The individual may appeal the suspension of benefits to the Executive Committee. If the Executive Committee determines that the individual exceeded the calendar quarter limitation, SERS will recover the dollar amount of the earnings that exceeded the calendar quarter limitation. In addition, the individual must sign an agreement not to exceed the calendar quarter limitation in the future and to acknowledge that termination of benefits shall occur if a second violation occurs. Any individual who exceeds the calendar quarter limitation a second time will have his or her benefit suspended at the end of the quarter when the calendar quarter limitation was exceeded. The individual may appeal this suspension of benefits to the Executive Committee. If the Executive Committee determines that the individual exceeded the calendar quarter limitation a second time, the individual will be considered gainfully employed and benefits will be terminated as of the date of suspension. Any overpayment of benefits due to the termination will be recovered in full.
A) For purposes of this Section, "remuneration" shall mean:
ILLINOIS REGISTER 3878 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
i) any compensation for personal services, including fees, wages, salary, commissions, and similar items;
ii) any income derived from the participation in a business activity, as opposed to a passive investment, through the performance of physical and/or mental activities generally performed for the production of income.
B) For purposes of this Section, remuneration shall be computed on a gross rather than net basis (i.e., no deductions of any kind including but not limited to deductions for losses, expenses, taxes or withholding, will be considered in the such computation). Remuneration shall also include the fair market value of goods or services received, which if received in money would otherwise constitute remuneration. Remuneration representing gain from the sale, exchange or other disposition of goods or other property shall be equal to, the sum of the amount of money and the fair market value of any property received on the such sale, exchange, or disposition, less the amount representing the cost to the seller in acquiring the goods or other property that which is sold, exchanged, or disposed of. In applying this Section, SERS the System shall consider the date on which the remuneration was earned rather than when it was received. For purposes of this Section, remuneration may be earned through either self- employment or employment by others.
C) Gainful employment shall not include remuneration from income producing opportunities or activities created by the member prior to the onset of the disability, except to the extent that the remuneration level has increased through the performance of physical and/or mental activities.
D) A dependent unmarried child over age 18 who is receiving a survivor's annuity shall be considered to be engaged in substantial gainful activity if he or she is gainfully employed as defined in this subsection (e). f) Investigation of Claims
ILLINOIS REGISTER 3879 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
1) The SERS Board of Trustees of the State Employees' Retirement System (SERS) recognizes its obligation to provide a systematic program for the continued investigation, control and supervision of disability claims.
2) Each disability benefit recipient is required to provide a current medical examination report each 6 months to substantiate continued disability. In order to substantiate the member's continued eligibility for disability benefits, the Disability Claims Examiner may require that the member submit to independent medical examinations and may request additional medical statements; hospital records; activity inspection reports; Department of Employment Security Earning Statements; Social Security benefit payment information; income tax records; or other pertinent information, all as deemed reasonable and necessary by the Examiner. SERS The System will pay for independent medical examinations, hospital records, and activity inspection reports that it requires. SERS The System may waive the medical examination report requirement for cases in which the evidence supports that a member is permanently disabled and that the member will never be able to return to his or her former position.
3) Failure of a disability benefit recipient to submit to an independent medical examination, to cooperate with an activity inspection, or to provide the information required shall result in suspension of benefit payments.
4) Any benefit suspended as a result of a medical examination will be suspended on the last day of the month in which the claim is reviewed by the Executive Committee. g) When calculating the amount of a nonoccupational, occupational, or temporary disability benefit under Section 14-123, 14-123.1, or 14-125 of the Code, the "date of disability" or "time disability occurred" is the date the member is removed from payroll by virtue of being placed on disability leave. h) Definition of Phrase "The Duties of the Member's Position" The phrase, "The duties of the member's position" shall mean the duties of the member's position as of the date the member's name is removed from the payroll without regard to subsequent changes in the duties of the position, availability of the position, or the member's right to return to the position.
ILLINOIS REGISTER 3880 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
ih) Member Definition "Member", for purposes of Sections 14-123, 14-123.1, and 14-124 of the Code, means an employee in active service at the time of incurring a disabling condition.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 1540.190 Lump Sum Salary Payments
a) Employee retirement contributions are not to be assessed against certain lump sum salary payments as provided in the Act.
b) Compensation received for unused compensatory time shall be applied to the pay period in which it was earned, rather than when it was received.
c) Compensation received for back wages shall be applied to the pay period in which it was earned, rather than when it was received.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
Section 1540.380 Correction of Mistakes in Benefit Payments
a) As soon as reasonably practicable after discovery that the amount of a benefit being paid to a recipient is incorrect, SERSthe System shall notify the recipient in writing. The written noticecommunication shall indicate the correct amount of the benefit, when the amount of the corrected benefitamount will begin to be paid or when the amount of the overpayment will be due, and the procedure for appealing this determination. For the purposes of this Section, benefit shall include an accelerated pension benefit payment.
b) Upon discovering that SERSthe System has paidbeen paying a benefit that is not correct, SERSthe System shall endeavor to determine whether the recipient has been underpaid or overpaid by the System.
1) If the amount of the benefit provided by SERS to the recipient is less than the amount of that benefit to be provided by the System to the recipient under the Illinois Pension Codethe recipient has been underpaid, SERSthe System shall pay a lump sum amount to the recipient in the amount necessary to make the recipient whole as to the amounts that should have been paid to the recipient by SERSthe System under according to the
ILLINOIS REGISTER 3881 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
terms of the CodeAct. The amount payable under this subsection (b)(1) on account of an underpayment of an accelerated pension benefit payment shall be distributed from the State Pension Obligation Acceleration Bond Fund.If the benefit underpaid to the recipient is an accelerated pension benefit payment, the System shall follow the provisions of this subsection (b). The amount payable to the recipient in accordance with this Section shall be distributed from the State Pension Obligation Acceleration Bond Fund.
2) If the amount of the benefit provided by SERS to the recipient is greater than the amount of the benefit to be provided by SERS to the recipient under the Codethe System determines the recipient has been paid more than provided for by the Act, the System shall determine when the overpaymentoverpayments began.
A) If the overpayment was undiscovered by SERS for three or more years after the overpayment beganoverpayments have been made by the System for more than three years, the recipient will not be required to reimburse SERSthe System for the amount of the overpaymentoverpayments unless the overpayment isoverpayments are the result of incorrect or inaccurate information provided by thea member, beneficiary, or his or her authorized representative.
B) If the overpayment was undiscovered by SERSoverpayments have been made for less than three years after the overpayment began, SERSthe System shall make arrangements for collection of the amount of the overpayment. The overpayment can be repaid by:
i) reductions in any subsequent benefit paymentof the remaining payments due to the recipient or his or her, survivors and beneficiaries;
ii) repayment of the overpayment by the recipient to SERSthe System;
iii) such other arrangement SERSas the System makes with the recipient; or
ILLINOIS REGISTER 3882 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
iv) any other means legally available to SERSthe System.
C) IfNo matter how long an overpayment has been made to a member or beneficiary, if the overpayment is the result of incorrect or inaccurate information provided by a member, beneficiary or his or her authorized representative, SERSthe System shall make arrangements for collection of the amount of the overpayment, regardless of when the overpayment began. The overpayment can be repaid by:
i) reductions in any subsequent benefit paymentof the remaining payments due to the recipient or his or her, survivors and beneficiaries;
ii) repayment of the overpayment by the recipient to SERSthe System;
iii) such other arrangement SERSas the System makes with the recipient; or
iv) any other means legally available to SERSthe System.
D) If the benefit overpaid to the recipient is an accelerated pension benefit payment, SERSthe System shall follow the provisions of this Section, but amounts collected as an overpayment of the accelerated pension benefit payment. Amounts collected in accordance with this subsection (b) shall be remitted to the State Pension Obligation Acceleration Bond Fund. c) Nothing in this Section prevents SERS from referring any debt due SERS to the Attorney General, the Debt Collection Board, the Comptroller's Offset System, or private collection agencies at any time it deems appropriate. d) Definitions As used in this Section:
"Accelerated Pension Benefit Payment" means anyan accelerated pension benefit payment provided under SectionSections 14-147.5 orand 14-147.6 of the Illinois Pension Code.
ILLINOIS REGISTER 3883 20 STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS
NOTICE OF PROPOSED AMENDMENTS
"Benefit" means any retirement annuity, widow's annuity, survivor's annuity, occupational disability benefit, temporary disability benefit, nonoccupational disability benefit, death benefit, accelerated pension benefit payment, or other benefit payable under Article 14 of the Code or any portion of any proportional annuity or survivor's annuity that is payable by SERS under Article 20 of the Code.
"State Pension Obligation Acceleration Bond Fund" means the bond fund created by Section 7.7(d) of the General Obligation Bond Act [30 ILCS 330].
"SERS" means the State Employees' Retirement System of Illinois.
(Source: Amended at 44 Ill. Reg. ______, effective ______)
ILLINOIS REGISTER 3884 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: Chief Procurement Officer for Public Institutions of Higher Education Standard Procurement
2) Code Citation: 44 Ill. Adm. Code 4
3) Section Number: Adopted Action: 4.2020 Amendment
4) Statutory Authority: The Illinois Procurement Code [30 ILCS 500]
5) Effective Date of Rule: March 13, 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 any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.
9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 13841; December 6, 2019
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: No changes were made.
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 issued by JCAR. As a result, no changes were made.
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: The adopted rule implements the change in policy that would effectively eliminate the annual CPI increase in the small purchase threshold and hold the threshold at $100,000.
ILLINOIS REGISTER 3885 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENT
16) Information and questions regarding this adopted rule shall be directed to:
Ben Bagby Chief Procurement Officer Chief Procurement Office for Public Institutions of Higher Education 401 S. Spring Street Room 520 Stratton Office Building Springfield IL 62706
217/720-1555 [email protected]
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER 3886 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENT
TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT SUBTITLE A: PROCUREMENT AND CONTRACT PROVISIONS CHAPTER II: CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
PART 4 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION STANDARD PROCUREMENT
SUBPART A: GENERAL
Section 4.1 Title 4.3 Authority 4.5 Policy 4.8 Implementation of This Part 4.9 Application 4.10 General Exemptions 4.13 Additional Exemptions Applicable to Higher Education 4.14 Certification, Hearing and Registration Waivers Applicable to Higher Education (Repealed) 4.15 Definition of Terms Used in This Part 4.25 Property Rights
SUBPART B: PROCUREMENT RULES, POLICIES AND PROCEDURES
Section 4.525 Rules 4.530 Policies and Procedures
SUBPART C: PROCUREMENT AUTHORITY
Section 4.1005 Procurement Authority 4.1010 Appointment of State Purchasing Officers (Repealed) 4.1011 Procurement Authority of the CPO (Repealed) 4.1030 Other Procurement Authority of the Universities (Repealed)
ILLINOIS REGISTER 3887 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
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4.1060 Delegation 4.1080 Illinois Mathematics and Science Academy
SUBPART D: PUBLICIZING PROCUREMENT ACTIONS
Section 4.1501 Illinois Procurement Bulletin − Higher Education 4.1510 Publication of Higher Education Bulletin 4.1515 Registration 4.1525 Bulletin Content 4.1535 Vendor Portal 4.1545 Supplemental Notice (Repealed) 4.1550 Error in Notice 4.1560 Alternate and Supplemental Notice 4.1580 Direct Solicitation 4.1585 Notice Time 4.1595 Availability of Solicitation Document
SUBPART E: SOURCE SELECTION AND CONTRACT FORMATION
Section 4.2005 General Provisions 4.2010 Competitive Sealed Bidding 4.2012 Multi-Step Sealed Bidding 4.2013 Reverse Auctions 4.2015 Competitive Sealed Proposals 4.2020 Small Purchases 4.2025 Sole Source and Sole Economically Feasible Source Procurement 4.2030 Emergency Procurements 4.2033 Best Value Procurements 4.2035 Competitive Selection Procedures for Professional and Artistic Services 4.2036 Other Methods of Source Selection 4.2037 Tie Bids and Proposals 4.2038 Modification or Withdrawal of Bids or Proposals 4.2039 Mistakes 4.2040 Cancellation of Solicitations; Rejection of Bids or Proposals
SUBPART F: SUPPLIERS, PREQUALIFICATION AND RESPONSIBILITY
ILLINOIS REGISTER 3888 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
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Section 4.2043 Suppliers 4.2044 Vendor List 4.2045 Vendor Prequalification 4.2046 Responsibility
SUBPART G: BID, PROPOSAL AND PERFORMANCE SECURITY
Section 4.2047 Security Requirements
SUBPART H: SPECIFICATIONS AND SAMPLES
Section 4.2050 Specifications and Samples
SUBPART I: CONTRACTS
Section 4.2055 Types of Contracts 4.2060 Duration of Contracts − General 4.2065 Cancellation of Contracts 4.2067 Contract Amendments and Change Orders
SUBPART J: PROCUREMENT FILES
Section 4.2080 Public Procurement File 4.2084 Record Retention 4.2086 Contract Filing
SUBPART K: WORKING CONDITIONS
Section 4.2560 Prevailing Wage 4.2565 Contracts Performed Outside the United States 4.2570 Equal Employment Opportunity; Affirmative Action
ILLINOIS REGISTER 3889 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENT
4.2580 Successor Contractor
SUBPART L: CONSTRUCTION AND CONSTRUCTION RELATED PROFESSIONAL SERVICES
Section 4.3005 Construction and Construction Related Professional Services
SUBPART M: REAL PROPERTY LEASES AND CAPITAL IMPROVEMENT LEASES
Section 4.4005 Real Property Leases and Capital Improvement Leases 4.4010 Authority 4.4015 Method of Source Selection 4.4020 RFI-RPL Process 4.4025 Lease Requirements 4.4030 Purchase Option 4.4035 Rent Without Occupancy 4.4040 Local Site Preferences 4.4042 Historic Area Preference 4.4044 Emergency Lease Procurement
SUBPART N: PREFERENCES
Section 4.4505 Procurement Preferences 4.4510 Resident Bidder and Offeror Preference 4.4515 Soybean Oil-Based Ink and Vegetable Oil-Based Ink 4.4520 Recycled Supplies 4.4525 Recyclable Supplies (Paper) 4.4526 Environmentally Preferable Procurement 4.4530 Correctional Industries 4.4535 Qualified Not-for-Profit Agencies for Persons with Significant Disabilities 4.4540 Gas Mileage, Flex-Fuel, Biodiesel and Hybrid Requirements 4.4545 Small Businesses 4.4550 Illinois Agricultural Products 4.4555 Corn-Based Plastics 4.4557 Veterans and Service-Disabled Veterans
ILLINOIS REGISTER 3890 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
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4.4570 Contracting with Businesses Owned and Controlled by Minorities, Women and Persons with Disabilities 4.4575 Domestic Products 4.4578 Bio-Based Products 4.4579 Notice of Preferences (Repealed) 4.4595 HUBZone Business Contracts
SUBPART O: ETHICS
Section 4.5002 Continuing Disclosures; False Certification 4.5005 Bribery 4.5009 Felons 4.5010 Prohibited Bidders and Contractors 4.5011 Debt Delinquency 4.5012 Collection and Remittance of Illinois Use Tax 4.5013 Conflicts of Interest Prohibited by the Code 4.5014 Environmental Protection Act Violations 4.5015 Lead Poisoning Prevention Act Violations 4.5016 Negotiations for Future Employment 4.5017 Expatriated Entities 4.5020 Exemptions 4.5021 Bond Issuances 4.5023 Other Conflicts of Interest 4.5030 Revolving Door Prohibition 4.5035 Disclosure of Financial Interests and Potential Conflicts of Interest 4.5036 Disclosure of Business in Iran 4.5037 Vendor Registration, Certification and Prohibition on Political Contributions 4.5038 Lobbying Restrictions 4.5039 Procurement Communication Reporting Requirement 4.5040 Reporting and Anticompetitive Practices 4.5055 Supply Inventory 4.5080 Sexual Harassment Policy
SUBPART P: CONCESSIONS
Section 4.5325 Concessions
ILLINOIS REGISTER 3891 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
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SUBPART Q: JOINT AND COOPERATIVE PURCHASING
Section 4.5400 General 4.5420 Governmental Joint Purchasing 4.5422 Nongovernmental Joint Purchasing 4.5424 Group Purchasing Organizations 4.5426 Piggyback Contracts 4.5440 Other Joint Purchasing (Repealed) 4.5460 No Agency Relationship (Repealed)
SUBPART R: DISPUTES AND PROTESTS
Section 4.5500 General 4.5550 Protests
SUBPART S: SUSPENSION AND DEBARMENT
Section 4.5560 Suspension and Debarment
SUBPART T: VIOLATION OF STATUTE OR RULE
Section 4.5620 Violation of Statute or Rule
SUBPART U: HEARING PROCEDURES
Section 4.5700 General 4.5710 Informal Process 4.5720 Hearing Officers 4.5730 Notice of Hearing 4.5740 Written Comments and Oral Testimony 4.6500 General (Repealed) 4.6510 No Agency Relationship (Repealed)
ILLINOIS REGISTER 3892 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENT
SUBPART V: MISCELLANEOUS PROVISIONS OF GENERAL APPLICABILITY
Section 4.7000 Severability 4.7005 Supply Inventory (Repealed) 4.7010 University Furnished Property 4.7015 Inspections 4.7020 Taxes, Licenses, Assessments and Royalties 4.7030 No Waiver of Sovereign Immunity
AUTHORITY: Implementing and authorized by Section 5-25 of the Illinois Procurement Code [30 ILCS 500].
SOURCE: Adopted by emergency rulemaking at 22 Ill. Reg. 13905, effective July 1, 1998, for a maximum of 150 days; amended by emergency rulemaking at 22 Ill. Reg. 19096, effective October 1, 1998, for a period to expire November 27, 1998; adopted at 22 Ill. Reg. 20964, effective November 20, 1998; amended at 32 Ill. Reg. 16388, effective September 24, 2008; recodified, pursuant to PA 96-795, from 44 Ill. Adm. Code 526 to 44 Ill. Adm. Code 4 at 35 Ill. Reg. 10151; amended at 36 Ill. Reg. 10951, effective August 6, 2012; recodified Title heading at 39 Ill. Adm. Code 5903; amended at 40 Ill. Reg. 456, effective January 15, 2016; amended at 40 Ill. Reg. 11260, effective September 1, 2016; Subpart Q and R headers recodified at 42 Ill. Reg. 18550; amended at 43 Ill. Reg. 1781, effective February 15, 2019; amended at 44 Ill. Reg. 3884, effective March 13, 2020.
SUBPART E: SOURCE SELECTION AND CONTRACT FORMATION
Section 4.2020 Small Purchases
a) By August 1 of each year, each university shall prepare and submit to the CPO- HE for approval its small purchase procurement practices that will apply for the current fiscal year. Those practices When making a small purchase, the university shall ensure maximum reasonable competition and promote small businesses, diversity, transparency and other statutory policies. For all small purchases of $20,000 or more, quotes must be sought from at least threemultiple vendors whenever practical, be in writing, promote small and diverse businesses, and be maintained in the procurement file.
ILLINOIS REGISTER 3893 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
NOTICE OF ADOPTED AMENDMENT b) Small Purchase ThresholdApplication. Purchases shall not be artificially divided so as to avoid a competitive procurement.
1) Individual procurements of $100,000 or less for supplies or services, other than professional and artistic, may be made without the notice or level of competition otherwise required of competitive sealed solicitations.
2) Procurements for construction and construction-related services of $100,000 or less may be made without the notice or level of competition otherwise required of competitive sealed solicitations.
3) Procurements of $100,000 or less for professional and artistic services and that have a nonrenewable term of one year or less may be made without the prior notice or level of competition otherwise required of competitive sealed solicitations. Notice of award of these small professional and artistic service contracts must be published in the Bulletin within 14 days after contract execution, and shall include the name of the SPO, reason for the exception, description of the procurement, name of the university decision maker, contract reference number and contract price. c) Determination and Application of CPIDetermination of Small Purchase Status
1) Each April the CPO-HE will determine the CPI adjustment to the small purchase thresholds applicable to the next fiscal year.In determining whether a contract is under the small purchase limit, the stated value of the supplies or services, plus any optional supplies and services, and the value of any renewals, determined in good faith, shall be utilized. Trade-in value is not to be considered in determining whether a contract is under the small purchase limit. When the value is calculated month-to-month or in a similar fashion, the amount shall be calculated for a 12 month period.
2) If the CPI is greater than zero, the thresholds identified in Section 20-20(a) of the Code will be reduced in an amount that, with the CPI increase, would result in the small purchase thresholds remaining as stated in subsection (b).
3) By July 1, 2019 and every five years thereafter, the CPO-HE will review the small purchase thresholds to determine if a modification to the
ILLINOIS REGISTER 3894 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
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thresholds is needed. If a modification is needed, the CPO-HE shall consult with the Procurement Policy Board. If only a unit price or hourly rate is known, the contract shall be considered small and shall have a not- to-exceed limit applicable to the type of procurement (see subsection (a)).
3) If, after signing the contract, the actual cost of completing the contract is determined to exceed the small purchase amount, and the SPO determines that a supplemental procurement is not economically feasible or practicable because of the immediacy of the agency's needs or other circumstances, the SPO must follow the procedures for sole source or emergency procurement, whichever is applicable, to complete the contract. d) Determination of Small Purchase StatusRepetitive Need If there is a repetitive need for small procurements of the same type (which may be evidenced by a pattern of small purchases, as determined by the university or the SPO), the university shall consult with the SPO to consider whether issuing a competitive sealed bid or proposal for procurement of those needs is in the best interests of the State.
1) In determining whether a contract is under the small purchase limit, the stated value of the supplies or services, plus any optional supplies and services, and the value of any renewals, determined in good faith, shall be utilized. Trade-in value is not to be considered in determining whether a contract is under the small purchase limit. When the value is calculated month-to-month or in a similar fashion, the amount shall be calculated for a 12 month period.
2) If only a unit price or hourly rate is known, the contract shall be considered small and shall have a not-to-exceed limit applicable to the type of procurement (see subsection (a)).
3) If, after signing the contract, the actual cost of completing the contract is determined to exceed the small purchase amount, and the SPO determines that a supplemental procurement is not economically feasible or practicable because of the immediacy of the agency's needs or other circumstances, the SPO shall follow the procedures for sole source or
ILLINOIS REGISTER 3895 20 CHIEF PROCUREMENT OFFICER FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION
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emergency procurement, whichever is applicable, to complete the contract. e) Purchases shall not be artificially divided so as to avoid a competitive procurement. f) Repetitive Need If there is a repetitive need for small procurements of the same type (which may be evidenced by a pattern of small purchases, as determined by the university or the SPO), the university shall consult with the SPO to consider whether issuing a competitive sealed bid or proposal for procurement of those needs is in the best interests of the State.
(Source: Amended at 44 Ill. Reg. 3884, effective March 13, 2020)
ILLINOIS REGISTER 3896 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Variable Contracts
2) Code Citation: 50 Ill. Adm. Code 1551
3) Section Numbers: Adopted Actions: 1551.10 Repealed 1551.20 Amendment 1551.30 Amendment 1551.60 Amendment 1551.90 Amendment
4) Statutory Authority: Implementing Article XIV½ and Section 500-35 of, and authorized by Sections 401 and 245.24 of, the Illinois Insurance Code [215 ILCS 5].
5) Effective Date of Rules: March 2, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? Yes
8) A copy of the adopted rules, including any material incorporated by reference, is on file in the principal office of the Department of Insurance and is available for public inspection.
9) Notice of Proposal published in Illinois Register: 43 Ill. Reg. 12054; October 25, 2019
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: Section 1551.60(e), 4th line, changed "of those benefits" to "thereunder".
12) Have all 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
ILLINOIS REGISTER 3897 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENTS
15) Summary and Purpose of Rulemaking: Part 1551 has been amended to change references to the former National Association of Security Dealers (NASD) to refer instead to the entity's successor, the Financial Industry Regulatory Authority (FINRA), and its rules. A definition of 'Annuity 2000 Mortality Table' has been added to Section 1551.20 and the reference in Section 1551.60 has been revised to reflect that this is now the mortality table in use. Also, 50 Ill. Adm. Code 3117: Licensing and Suitability Requirements for the Solicitation of Variable Contracts, was simultaneously being repealed in its entirety, and several of its provisions have been moved to Section 1551.60.
16) Information and questions regarding these adopted rules shall be directed to:
David Murphy Assistant Deputy Director Licensing/Education & Testing Department of Insurance 320 West Washington Street Springfield IL 62767-0001
217/782-5415
The full text of the Adopted Amendments begins on the next page:
ILLINOIS REGISTER 3898 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENTS
TITLE 50: INSURANCE CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER t: SEPARATE ACCOUNTS
PART 1551 VARIABLE CONTRACTS
Section 1551.10 Authority (Repealed) 1551.20 Definitions 1551.30 Qualification of Insurance Companies to Issue Variable Contracts 1551.40 Separate Accounts 1551.50 Filing of Contracts 1551.60 Contracts Providing for Variable Benefits 1551.70 Required Reports 1551.80 Foreign or Alien Companies 1551.90 Licensing of Producers for Variable Contracts 1551.100 Disclosure
1551.APPENDIX A Variable Annuities Only
AUTHORITY: Implementing Article XIV½ and Section 500-35 of, and authorized by Sections 401 and 245.24 of, the Illinois Insurance Code [215 ILCS 5].
SOURCE: Filed February 18, 1972, effective March 1, 1972; codified at 7 Ill. Reg. 4217; amended at 25 Ill. Reg. 4208, effective March 5, 2001; transferred from the Department of Insurance to the Department of Financial and Professional Regulation pursuant Executive Order 2004-6 on July 1, 2004; transferred from the Department of Financial and Professional Regulation to the Department of Insurance pursuant to Executive Order 2009-4 on July 1, 2009; amended at 38 Ill. Reg. 18664, effective August 27, 2014; amended at 39 Ill. Reg. 9369, effective June 26, 2015; amended at 39 Ill. Reg. 14559, effective October 22, 2015; recodified from 50 Ill. Adm. Code 1451 to 50 Ill. Adm. Code 1551 at 41 Ill. Reg. 149; amended at 44 Ill. Reg. 3896, effective March 2, 2020.
Section 1551.10 Authority (Repealed)
This Part is issued by the Director of Insurance pursuant to:
a) Section 401 of the Illinois Insurance Code which empowers the Director "... to
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make reasonable rules and regulations as may be necessary for making effective..." the insurance laws of this State; and
b) Section 245.24 of the Illinois Insurance Code, which empowers the Director "... to promulgate such reasonable rules and regulations as may be appropriate to carry out the purposes and provisions of ..." Article XIV½ of the Illinois Insurance Code.
(Source: Repealed at 44 Ill. Reg. 3896, effective March 2, 2020)
Section 1551.20 Definitions
"Annuity 2000 Mortality Table" means the mortality table developed by the Society of Actuaries Committee on Life Insurance Research and adopted as a recognized mortality table for annuities in December 1996 by the National Association of Insurance Commissioners (NAIC), as published in the Transactions of the Society of Actuaries, Vol. XLVII, p. 240.
"Code" means the Illinois Insurance Code [215 ILCS 5].
"Company" means a stock or mutual legal reserve life insurance company or a fraternal benefit company that operates on a legal reserve basis. It does not include an assessment legal reserve company, or any other company as that term is defined in Section 2(e) of the Code.
"Department" means the Department of Insurance.
"Director" means the Director of the Illinois Department of Insurance.
"1983 Table "a"" means the mortality table developed by the Society of Actuaries Committee to Recommend a New Mortality Basis for Individual Annuity Valuation and adopted as a recognized mortality table for annuities in June 1982 by the National Association of Insurance Commissioners.
"Producer" means any person who is licensed as a life insurance producer under the Illinois Insurance Code. The term producer also includes any person who represents a fraternal benefit company, operating on a legal reserve basis, and who solicits, negotiates or effects, for or on behalf of the fraternal benefit company, policies or contracts for insurance covering risks in this State.
ILLINOIS REGISTER 3900 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENTS
"Securities Examination" means proof of passing either the Financial Industry Regulatory Authority (FINRA)NASD Series 6 or Series 7 Qualification Examinations or any superseding FINRANASD examination that grants a person authority to sell variable contracts.
"Variable Contract" means any policy or contract that provides for life insurance or annuity benefits that vary according to the investment experience of any separate account or accounts maintained by the insurer as to that policy or contract, as provided for in Section 245.21 of the Code; or any policy or contract that is registered under the Securities Act of 1933, as amended (15 USC 77a et seq.), and that provides for benefits that vary according to the performance of an index, when the funds are not guaranteed as to principal or a stated rate of interest and in which the supporting assets are held and reported in a noninsulated separate account in which changes in asset values substantially match changes in contractual benefits from inception of the contract.
"Variable Contract Producer" means a producer who sells or offers to sell any variable contract.
(Source: Amended at 44 Ill. Reg. 3896, effective March 2, 2020)
Section 1551.30 Qualification of Insurance Companies to Issue Variable Contracts
a) Before any company shall deliver or issue for delivery variable contracts within this State it shall submit to the Director:
1) A general description of the kinds of variable contracts it intends to issue in this State;,
2) If requested by the Director, a copy of the statutes and regulations of its state of domicile under which it is authorized to issue variable contracts;, and
3) If requested by the Director, biographical affidavitsdata with respect to officers and directors of the company. The biographical affidavits shall include, but not be limited to, the following information: identifying and contact information; educational, residential and employment history; professional, business and technical licenses and memberships; a complete
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history of fidelity bonding; criminal charges and convictions; civil, regulatory, administrative and disciplinary actions; a complete history of bankruptcy, insolvency, liens and foreclosures; affiant's consent to release background reports to the Department and consent for third parties to cooperate in the gathering of background information and confirmation; and the individual's, and his or her immediate family's, equity holdings in any entity subject to insurance regulation. The Department will accept the biographical affidavit, and any supplement to that affidavit. The affidavit is available on the website of the NAIC or the Department.on the forms prescribed in Management Information Reports (50 Ill. Adm. Code 915).
b) The Director may require additional information to be filed prior to authorizing a company to transact a variable contract business.
c) The Director shall notify the company, in writing, that it is authorized to transact a variable contract business in this State.
(Source: Amended at 44 Ill. Reg. 3896, effective March 2, 2020)
Section 1551.60 Contracts Providing for Variable Benefits
a) Illustrations of benefits payable under any variable contract shall not include projections of past investment experience into the future or attempted predictions of future investment experience; provided, however, that the form of illustration found in Appendix A of this Part may be utilized by companies in the sale of immediate variable annuities only.
b) No individual variable annuity contract calling for the payment of periodic stipulated payments shall be delivered or issued for delivery in this State unless it contains in substance the following provisions or provisions which in the opinion of the Director are more favorable to the holders of such contracts:
1) A provision that there shall be a period of grace of 30 days or of one month, within which any stipulated payment to the insurer falling due after the first may be made, during which period of grace the contract shall continue in force. The contract may include a statement of the basis for determining the date as of which any such payment received during the period of grace shall be applied to produce the values under the contract arising therefrom;
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2) A provision that, at any time within 1 year from the date of default, in making periodic stipulated payments to the insurer during the life of the annuitant and unless the cash surrender value has been paid, the contract may be reinstated upon payment to the insurer of such overdue payments as required by the contract, and of all indebtedness to the insurer on the contract, including interest. The contract may include a statement of the basis for determining the date as of which the amount to cover such overdue payments and indebtedness shall be applied to produce the values under the contract arising therefrom;
3) A provision specifying the options available in the event of default in a periodic stipulated payment. ThoseSuch options may include an option to surrender the contract for a cash value as determined by the contract, and shall include an option to receive a paid-up annuity if the contract is not surrendered for cash, the amount of thesuch paid-up annuity being determined by applying the value of the contract at the annuity commencement date in accordance with the terms of the contract. c) No individual variable life insurance policy shall be delivered or issued for delivery in this State unless it contains in substance the following provisions or provisions that,which in the opinion of the Director, are more favorable to the holders of thosesuch policies:
1) A provision that there shall be a period of grace of 30 days or of one month, within which payment of any premium after the first may be made, during which period of grace the policy shall continue in force, but if a claim arises under the policy during thesuch period of grace before the overdue premiums or the deferred premiums of the current policy year, if any, are paid, the amount of thosesuch premiums, together with interest not in excess of 6% per annum, may be deducted from any amount payable under the policy in settlement. The policy may contain a statement of the basis for determining any variation in benefits that may occur as a result of the payment of premium during the period of grace.
2) A provision that the policy will be reinstated at any time within 3 years from the date of default, unless the cash surrender value has been paid or unless the period of extended insurance has expired, upon the application of the insured and the production of evidence of insurability, including
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good health, satisfactory to the insurer and the payment of an amount not exceeding the greater of:
A) all overdue premiums and the payment of any other indebtedness to the insurer upon said policy with interest at a rate not exceeding 6% per annum compounded annually;, or
B) 110% of the increase in cash surrender value resulting from reinstatement.
3) A provision for cash surrender values and paid-up insurance benefits available as non-forfeiture options under the policy in the event of default in a premium payment after premiums have been paid for a specified period.
A) If the policy does not include a table of figures for the options so available, the policy shall provide that the company will furnish at least once in each policy year a statement showing the cash value as of a date no earlier than the prior policy anniversary.
B) The method of computation of cash values and other non-forfeiture benefits, as described either in the policy or in a statement filed with the Commissioner, Director or Superintendent of the jurisdiction in which the policy is delivered, shall be in accordance with actuarial procedures that recognize the variable nature of the policy. The method of computation must be such that, if the net investment return credited to the contract at all times from the date of issue should be equal to the assumed investment increment factor if the contract provides for such a factor, or 3½% if not, with premiums and benefits determined accordingly under the terms of the policy, the resulting cash values and other non-forfeiture benefits would be at least equal to the minimum values required by Section 229.2 of the Illinois Insurance Code [215 ILCS 5/229.2] for a fixed dollar policy with thosesuch premiums and benefits. The method of computation may disregard incidental minimum guarantees as to the dollar amounts payable. Incidental minimum guarantees include, for example, but are not to be limited to, a guarantee under a policy thatwhich provides for an assumed investment increment factor that the amount payable at death or
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maturity shall be at least equal to the amount that otherwise would have been payable if the net investment return credited to the contract at all times from the date of issue had been equal to thatsuch factor. d) Any variable annuity contract delivered or issued for delivery in this State shall stipulate the investment increment factors to be used in computing the dollar amount of variable benefits or other variable contractual payments or values thereunder, and may guarantee that expense and/or mortality results shall not adversely affect thosesuch dollar amounts. In the case of an individual variable annuity contract under which the expense and mortality results may adversely affect the dollar amount of benefits, the expense and mortality factors shall be stipulated in the contract.
1) In computing the dollar amount of variable benefits or other contractual payments or values under an individual variable annuity contract:
A) The annual net investment increment assumption shall not exceed 5%, except with the approval of the Director;
B) To the extent that the level of benefits may be affected by future mortality results, the mortality factor shall be determined from the Annuity 2000 Mortality1983 Table, "a" or any modification of that table not having a lower life - expectancy at any age, or any annuity mortality table adopted after 1996 by NAIC that is, if approved by the Director, from another table.
2) "Expense,", as used in subsection (d) of this Section, may exclude some or all taxes, as stipulated in the contract. e) Any individual variable life insurance policy delivered or issued for delivery in this State shall stipulate the investment increment factor to be used in computing the dollar amount of variable benefits or other variable contractual payments or cash values thereunder and shall guarantee that expense and mortality results shall not adversely affect thosesuch dollar amounts. f) The reserve liability for variable contracts shall be established pursuant to the requirements of Section 223 of the Illinois Insurance Code [215 ILCS 5/223] in accordance with actuarial procedures that recognize the variable nature of the
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benefits provided and any mortality guarantees, provided thosesuch actuarial procedures meet the approval of the Director.
(Source: Amended at 44 Ill. Reg. 3896, effective March 2, 2020)
Section 1551.90 Licensing of Producers for Variable Contracts
a) No producer shall be eligible to sell or offer for sale a variable contract unless, prior to making any solicitation or sale of such a contract, the producer also is licensed as a variable contract producer. No agent of a fraternal benefit company that, which operates on a legal reserve basis, shall be eligible to be licensed as a variable contract producer unless the producer also is licensed as a life insurance producer.
b) Any producer who participates only in the sale or offering for sale of variable contracts that are not registered under the Federal Securities Act of 1933 (15 USC 77(a) et seq.) need not be licensed as a variable contract producer.
c) Any producer applying for a license as a variable contract producer shall do so by obtaining a life insurance producer license pursuant to 50 Ill. Adm. Code 3119 and filing with this Department proof of passing the Securities Examination. Upon completion of these requirements, the Director shall issue a variable contract license to the individualNASD Series 6 or 7 examination or any superseding examination that grants authority to sell variable contracts.
d) Any person licensed in this State as a variable contract producer shall immediately report to the Director:
1) any suspension or revocation of the variable contract producer's license or life insurance producer's license in any other State or Territory of the United States;,
2) the imposition of any disciplinary sanction (including suspension or expulsion from membership, suspension or revocation of or denial of registration) imposed by any national securities exchange, or national securities association, or any federal, or state or territorial agency with jurisdiction over securities or variable contracts;,
3) any judgement or injunction entered against the producer on the basis of
ILLINOIS REGISTER 3906 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENTS
conduct deemed to have involved fraud, deceit, misrepresentation, or violation of any insurance or securities law or regulation. e) The Director may reject any application or suspend or revoke or refuse to renew any variable contract producer's license upon any ground that would bar thesuch applicant or such producer from being licensed to sell life insurance contracts in this State. The rules governing any proceeding relating to the suspension or revocation of a life insurance producer's license shall also govern any proceeding for suspension or revocation of a variable contract producer's license. f) Renewal of a variable contract producer's license shall follow the same procedure established for renewal of a producer's license to sell life insurance contracts in this State. g) No recommendation shall be made by an insurance producer, or insurer when no producer is involved, to an applicant to purchase a variable life insurance policy, on an individual basis, in the absence of reasonable grounds to believe that the purchase of the policy is not unsuitable for the applicant on the basis of information furnished after reasonable inquiry of the applicant concerning the applicant's age, insurance and investment objectives, financial situation, needs and tax status, and any other information known to the insurer or producer making the recommendation.
1) For purposes of this subsection (g), "recommendation" means advice provided by an insurance producer, or an insurer when no producer is involved, to an individual consumer that results in a purchase or exchange of a variable life insurance contract in accordance with that advice.
2) Compliance with the Financial Industry Regulatory Authority rules pertaining to suitability (1735 K Street, N.W., Washington DC 20006) (amended by SR-FINRA-2014-016, effective May 2, 2014; no later editions or amendments are included) shall satisfy the requirements under this Section for the recommendation of variable life insurance policies. However, nothing in this Section shall limit the Director's ability to enforce this requirement.
3) Violation of the requirements of this Part shall be an unfair trade practice and evidence of incompetence or untrustworthiness in the conduct of business under Section 500-70(a)(7) and (8) of the Code.
ILLINOIS REGISTER 3907 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENTS
(Source: Amended at 44 Ill. Reg. 3896, effective March 2, 2020)
ILLINOIS REGISTER 3908 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED REPEALER
1) Heading of the Part: Licensing and Suitability Requirements for the Solicitation of Variable Contracts
2) Code Citation: 50 Ill. Adm. Code 3117
3) Section Numbers: Adopted Actions: 3117.10 Repealed 3117.20 Repealed 3117.25 Repealed 3117.40 Repealed 3117.200 Repealed 3117.210 Repealed
4) Statutory Authority: Implementing Article XXXI and authorized by Sections 401 and 500-145 of the Illinois Insurance Code [215 ILCS 5/Art. XXXI, 401 and 500-145].
5) Effective Date of Repealer: March 2, 2020
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? Yes
8) A copy of the adopted rules, including any material incorporated by reference, is on file in the principal office of the Department of Insurance and is available for public inspection.
9) Notice of Proposal published in Illinois Register: 43 Ill. Reg. 12070; October 25, 2019
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: None
12) Have all 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
ILLINOIS REGISTER 3909 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED REPEALER
15) Summary and Purpose of Rulemaking: Most of the Sections of Part 3117 have already been repealed, and the remaining three Sections are now being incorporated into 50 Ill. Adm. Code 1551: Variable Contracts. Accordingly, Part 3117 is no longer necessary and is being repealed in its entirety.
16) Information and questions regarding these adopted rules shall be directed to:
David Murphy Assistant Deputy Director Licensing/Education & Testing Department of Insurance 320 West Washington Street Springfield IL 62767-0001 ` 217/782-5415
ILLINOIS REGISTER 3910 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: Pre-Licensing and Continuing Education
2) Code Citation: 50 Ill. Adm. Code 3119
3) Section Number: Adopted Action: 3119.60 Amendment
4) Statutory Authority: Implementing Sections 500-25, 500-30 and 500-35 and authorized by Section 401 of the Illinois Insurance Code [215 ILCS 5/500-25, 500-30, 500-35, and 401].
5) Effective Date of Rule: March 2, 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 any material incorporated by reference, is on file in the principal office of the Department of Insurance and is available for public inspection.
9) Notice of Proposal published in Illinois Register: 43 Ill. Reg. 11067; October 11, 2019
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: None
12) Have all 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: 3119.60(c)(2) specifies that no course can be approved for less than 1 hour of CE credit, but currently there is no formal requirement regarding the maximum course approval for hours. The rule is being amended to specify that 12 hours of CE is the maximum number of hours to be approved for a course filing.
16) Information and questions regarding this adopted rule shall be directed to:
ILLINOIS REGISTER 3911 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENT
David Murphy Assistant Deputy Director Licensing/Education & Testing Department of Insurance 320 West Washington Street Springfield IL 62767-0001
217/782-5415
The full text of the Adopted Amendment begins on the next page:
ILLINOIS REGISTER 3912 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENT
TITLE 50: INSURANCE CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER ii: INSURANCE PRODUCERS, LIMITED INSURANCE REPRESENTATIVES AND BUSINESS ENTITIES
PART 3119 PRE-LICENSING AND CONTINUING EDUCATION
Section 3119.10 Purpose 3119.20 Definitions 3119.30 Provider Responsibilities 3119.40 Responsibilities of Applicant for Insurance Producer Licenses and Licensed Insurance Producers Until 1/1/97 (Repealed) 3119.45 Responsibilities of the Applicant for Insurance Producer Licenses and the Licensed Insurance Producers 3119.50 Pre-Licensing – Course of Study Requirements 3119.60 Continuing Education Requirements 3119.65 Course Credit 3119.70 Course and Provider Disqualification 3119.75 Additional Penalties 3119.80 Severability
3119.EXHIBIT A Request for Certification of a Pre-Licensing Course (Repealed) 3119.EXHIBIT B Request for Certification of a Continuing Education Course (Repealed) 3119.EXHIBIT C Provider List – Proof of Completion (Repealed) 3119.EXHIBIT D Provider List – Proof of Completion (Continuing Education) (Repealed) 3119.EXHIBIT E Course of Study – Life 3119.EXHIBIT F Course of Study – Accident/Health 3119.EXHIBIT G Course of Study – Fire 3119.EXHIBIT H Course of Study – Casualty/Motor Vehicle
AUTHORITY: Implementing Sections 500-25, 500-30 and 500-35 and authorized by Section 401 of the Illinois Insurance Code [215 ILCS 5/500-25, 500-30, 500-35, and 401].
SOURCE: Adopted at 9 Ill. Reg. 80, effective January 1, 1985; amended at 15 Ill. Reg. 69, effective January 1, 1991; amended at 16 Ill. Reg. 126, effective January 1, 1992; amended at 18 Ill. Reg. 16568, effective November 1, 1994; amended at 20 Ill. Reg. 10340, effective July 19, 1996; amended at 21 Ill. Reg. 13820, effective October 15, 1997; amended at 25 Ill. Reg. 6480,
ILLINOIS REGISTER 3913 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENT effective May 3, 2001; amended at 26 Ill. Reg. 16522, effective October 28, 2002; amended at 29 Ill. Reg. 15515, effective September 29, 2005; amended at 34 Ill. Reg. 5856, effective April 7, 2010; amended at 34 Ill. Reg. 12802, effective August 20, 2010; amended at 44 Ill. Reg. 3910, effective March 2, 2020.
Section 3119.60 Continuing Education Requirements
a) The certification must be received by the Director at least 30 days prior to any course being offered.
b) For purposes of this Section, "full credit" shall mean the reasonable amount of time, as certified by the provider, that is necessary for a student to study for and pass an examination, or in the case of a course with no examination, the number of documented classroom attendance hours.
c) Courses shall be intended to increase the knowledge and understanding of insurance principles and coverages, applicable laws, insurance regulations, agency management, customer service and sales. The following courses shall not be considered for continuing education:
1) Courses used for insurance pre-licensing training or insurance qualifying examination preparation.
2) Courses with less than 1 hour of certified continuing education credit.
3) Courses in excess of 12 hours of certified continuing education credit.
d) For purposes of this Section, the minimum number of hours may be made up of any combination of classroom, seminar, or self-study hours.
e) One credit will be awarded for each 50 minutes of contact instruction.
f) No credit shall be given for a self-study course if the student does not successfully complete the examination. If the student fails an examination and successive examinations are given, the successive examinations must be substantially different from each other. Self-study courses are subject to the following additional requirements:
ILLINOIS REGISTER 3914 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENT
1) No students shall evaluate their own examination. The evaluation of the examination must be completed by the provider;
2) No provider shall furnish the answers to an examination prior to the student completing the examination;
3) Self-study exams must contain at least 25 questions. The number of questions must increase proportionately as the amount of material increases;
4) No more than a third of the questions shall be true/false; and
5) Credit hours shall be determined by the time it may take a student to study the material using 10 8½" by 11" full pages per credit hour (10-12 point font text), single line spacing with 1" margins. g) Interactive Online Courses Interactive online is considered to be a type of self-study course. Interactive online courses are, by definition, only presented on the Internet and do not require a proctored final exam. To be eligible for certification under Section 3119.30, an interactive online course must meet the following additional requirements:
1) The course must provide at least 5 questions after each unit or chapter. The questions must be answered prior to proceeding to the next unit or chapter. The material may be reviewed while answering questions;
2) The course must provide clear instructions on how to navigate through the course;
3) The course must provide the ability to go back and review any unit at any time;
4) The course must provide online viewing access to the Department at all times;
5) The course must include a statement that the student information will not be sold or distributed to any third party without prior written consent of the student. Taking the course shall not constitute consent;
ILLINOIS REGISTER 3915 20 DEPARTMENT OF INSURANCE
NOTICE OF ADOPTED AMENDMENT
6) The course must provide some type of encryption. All personal information, including credit card number, name and address of the student must be encrypted so that the information cannot be read as it passes across the Internet;
7) Students must affirm that they, and only they, completed the course; and
8) The course must include the ability to contact an instructor (i.e., automated e-mail). h) LTC Training Credit
1) Continuing education credit may be earned based on the criteria established in Section 3119.65.
2) Training credit may be obtained after a failed examination if the provider gives, and the student successfully completes, a substantially different examination.
3) If a student receives training credit only, the provider shall issue a proof of completion certificate to the student but the certificate shall be prominently stamped "NO CON-ED CREDIT".
(Source: Amended at 44 Ill. Reg. 3910, effective March 2, 2020)
ILLINOIS REGISTER 3916 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Sport Fishing Regulations for the Waters of Illinois
2) Code Citation: 17 Ill. Adm. Code 810
3) Section Numbers: Adopted Actions: 810.5 Amendment 810.15 Amendment 810.37 Amendment 810.45 Amendment 810.70 Amendment
4) 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].
5) Effective Date of Rules: February 26, 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 the Illinois Register: 43 Ill. Reg. 13935, December 6, 2019
10) Has JCAR issued a Statement of Objection this rulemaking? No
11) Differences between Proposal and Final Version: In Section 810.45,Under "Forest Preserve District of Kane County Lakes and Ponds", "Northern Pike", the "14" Minimum Length Limit" has been corrected to "24" Minimum Length Limit"; under "Vandalia Lake, City of Vandalia", "3 Fish Daily Harvest Limit" has been added for "Striped, White, or Hybrid Bass (16)"
ILLINOIS REGISTER 3917 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
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 any 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 update site- specific and statewide sportfishing regulations.
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 3918 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 810 SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS
Section 810.5 Definitions 810.10 Sale of Fish and Fishing Seasons − Statewide 810.14 Wanton Waste – Fish, Reptiles, Amphibians, Mollusks and Crustaceans Abandonment 810.15 Statewide and Site Specific Bowfishing (Archery/Spear Methods) Regulations 810.20 Snagging 810.25 Trotlines 810.28 Mussels 810.30 Pole and Line Fishing Only (Repealed) 810.35 Statewide Sportfishing (Hook and Line and Other Non-Bowfishing or Non- Snagging Legal Methods Under a Sportfishing License) Regulations – Daily Harvest and Size Limits 810.37 Definitions for Site Specific Sportfishing Regulations 810.40 Daily Harvest and Size Limits (Repealed) 810.45 Site Specific Water Area Regulations 810.50 Bait Fishing 810.60 Bullfrogs (Repealed) 810.70 Free Fishing Days 810.80 Emergency Protective Procedures 810.90 Fishing Tournament Permit 810.100 Bed Protection
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].
SOURCE: Adopted at 5 Ill. Reg. 751, effective January 8, 1981; codified at 5 Ill. Reg. 10647; amended at 6 Ill. Reg. 342, effective December 23, 1981; amended at 6 Ill. Reg. 7411, effective June 11, 1982; amended at 7 Ill. Reg. 209, effective December 22, 1982; amended at 8 Ill. Reg. 1564, effective January 23, 1984; amended at 8 Ill. Reg. 16769, effective August 30, 1984; amended at 9 Ill. Reg. 2916, effective February 26, 1985; emergency amendment at 9 Ill. Reg.
ILLINOIS REGISTER 3919 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
3825, effective March 13, 1985, for a maximum of 150 days; emergency expired August 10, 1985; amended at 9 Ill. Reg. 6181, effective April 24, 1985; amended at 9 Ill. Reg. 14291, effective September 5, 1985; amended at 10 Ill. Reg. 4835, effective March 6, 1986; amended at 11 Ill. Reg. 4638, effective March 10, 1987; amended at 12 Ill. Reg. 5306, effective March 8, 1988; emergency amendment at 12 Ill. Reg. 6981, effective April 4, 1988, for a maximum of 150 days; emergency expired September 1, 1988; emergency amendment at 12 Ill. Reg. 10525, effective June 7, 1988, for a maximum of 150 days; emergency expired November 4, 1988; amended at 12 Ill. Reg. 15982, effective September 27, 1988; amended at 13 Ill. Reg. 8419, effective May 19, 1989; emergency amendment at 13 Ill. Reg. 12643, effective July 14, 1989, for a maximum of 150 days; emergency expired December 11, 1989; emergency amendment at 13 Ill. Reg. 14085, effective September 4, 1989, for a maximum of 150 days; emergency expired February 1, 1990; emergency amendment at 13 Ill. Reg. 15118, effective September 11, 1989, for a maximum of 150 days; emergency expired February 8, 1990; amended at 14 Ill. Reg. 6164, effective April 17, 1990; emergency amendment at 14 Ill. Reg. 6865, effective April 17, 1990, for a maximum of 150 days; emergency expired September 19, 1990; amended at 14 Ill. Reg. 8588, effective May 21, 1990; amended at 14 Ill. Reg. 16863, effective October 1, 1990; amended at 15 Ill. Reg. 4699, effective March 18, 1991; emergency amendment at 15 Ill. Reg. 5430, effective March 27, 1991, for a maximum of 150 days; emergency expired August 24, 1991; amended at 15 Ill. Reg. 9977, effective June 24, 1991; amended at 15 Ill. Reg. 13347, effective September 3, 1991; amended at 16 Ill. Reg. 5267, effective March 20, 1992; emergency amendment at 16 Ill. Reg. 6016, effective March 25, 1992, for a maximum of 150 days; emergency expired August 22, 1992; amended at 16 Ill. Reg. 12526, effective July 28, 1992; amended at 17 Ill. Reg. 3853, effective March 15, 1993; emergency amendment at 17 Ill. Reg. 5915, effective March 25, 1993, for a maximum of 150 days; emergency expired August 22, 1993; amended at 17 Ill. Reg. 10806, effective July 1, 1993; amended at 18 Ill. Reg. 3277, effective February 28, 1994; emergency amendment at 18 Ill. Reg. 5667, effective March 25, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 12652, effective August 9, 1994; amended at 19 Ill. Reg. 2396, effective February 17, 1995; emergency amendment at 19 Ill. Reg. 5262, effective April 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 10614, effective July 1, 1995; amended at 20 Ill. Reg. 4640, effective March 6, 1996; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 21 Ill. Reg. 9389; amended at 21 Ill. Reg. 4709, effective April 1, 1997; emergency amendment at 21 Ill. Reg. 5590, effective April 15, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 12140, effective August 26, 1997; amended at 22 Ill. Reg. 4930, effective March 2, 1998; amended at 23 Ill. Reg. 3434, effective March 8, 1999; emergency amendment at 23 Ill. Reg. 7317, effective June 10, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 8406, effective July 7, 1999; amended at 24 Ill. Reg. 3736, effective February 25, 2000; amended at 25 Ill. Reg. 6296, effective March 26, 2001; emergency amendment at 25 Ill. Reg. 7947, effective June 16, 2001, for a maximum of 150 days; emergency amendment at 25 Ill. Reg. 9912, effective
ILLINOIS REGISTER 3920 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
August 1, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 11386, effective August 14, 2001; emergency amendment at 25 Ill. Reg. 12122, effective September 15, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 1210, effective January 16, 2002; amended at 26 Ill. Reg. 4294, effective March 6, 2002; amended at 27 Ill. Reg. 3376, effective February 14, 2003; amended at 28 Ill. Reg. 4607, effective March 1, 2004; amended at 29 Ill. Reg. 3955, effective February 24, 2005; amended at 30 Ill. Reg. 4810, effective March 1, 2006; amended at 31 Ill. Reg. 3480, effective February 16, 2007; emergency amendment at 31 Ill. Reg. 8265, effective May 25, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 14432, effective October 5, 2007; amended at 32 Ill. Reg. 3302, effective February 25, 2008; amended at 33 Ill. Reg. 5275, effective March 25, 2009; amended at 34 Ill. Reg. 6391, effective April 20, 2010; amended at 35 Ill. Reg. 4011, effective February 22, 2011; amended at 36 Ill. Reg. 5461, effective March 22, 2012; amended at 37 Ill. Reg. 6658, effective May 1, 2013; amended at 37 Ill. Reg. 16426, effective October 3, 2013; emergency amendment at 38 Ill. Reg. 13022, effective June 9, 2014, for a maximum of 150 days; emergency expired November 5, 2014; amended at 39 Ill. Reg. 6517, effective April 27, 2015; amended at 40 Ill. Reg. 6000, effective March 25, 2016; amended at 41 Ill. Reg. 4006, effective March 24, 2017; amended at 42 Ill. Reg. 7773, effective April 20, 2018; amended at 43 Ill. Reg. 3399, effective February 27, 2019; amended at 44 Ill. Reg. 3916, effective February 26, 2020.
Section 810.5 Definitions
Aquatic life – all fish, reptiles, amphibians, mollusks, crustaceans, algae, aquatic plants and aquatic invertebrates, and any other aquatic animals or plants that the Department identifies in administrative rules.
Catch and Release Fly Fishing – fly fishing with no harvest of target fish species permitted. Caught fish must be returned to the water immediately unharmed.
Fishing – taking or attempting to take aquatic life in any waters of the State, by any method, and all other acts such as placing, setting, drawing or using any device commonly used for the taking of aquatic life, whether resulting in taking or not. This also applies to the removal of dead and decaying aquatic life.
Harvest – any aquatic life taken into possession from any waters of the State by any method.
In the aggregate – combination of two or more species or hybrids that in total do not exceed the daily harvest limit.
ILLINOIS REGISTER 3921 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Relic Mussel Shell – the shell of a mussel that apparently died of natural causes in the water and contains no meat or soft parts. The shell readily exhibits noticeable sediment, vegetation, algal or mineral stains, discolorations, soiling, weathering or other visual evidence on its interior surface that clearly and unambiguously shows the mussel shell has not been cooked-out or freshly cleaned.
Snagging – the practice of dragging or jerking a hook (or hooks), baited or unbaited, through the water with the intention of hooking a fish on contact anywhere on the body other than the inside of the mouth.
Take – to lure, kill, destroy, capture, gig or spear, trap or ensnare, or attempt to do so.
Water of the State – any water within the jurisdiction of the State of Illinois that is adapted for purposes of navigation or public access.
> − symbol means "greater than".
≥ − symbol means "greater than or equal to".
< − symbol means "less than".
≤ − symbol means "less than or equal to".
(Source: Amended at 44 Ill. Reg. 3916, effective February 26, 2020)
Section 810.15 Statewide and Site Specific Bowfishing (Archery/Spear Methods) Regulations
a) Legal Methods of Taking Aquatic life, as listed by species in subsection (b),Carp, catfish, buffalo, suckers, gar, shad, drum, bowfin, bullfrogs and common snapping turtles may be taken by means of legal bowfishing devices, including a pitchfork, underwater spear gun, bow and arrow or bow and arrow device, spear or gig. A valid sport fishing license is required for taking aquatic life under this SectionEach person taking fish, bullfrogs or common snapping turtles by these means shall possess a valid sport fishing license. Aquatic lifeFish, bullfrogs and common snapping turtles taken by these means shall not be sold or bartered. No other aquatic life (e.g., fish, amphibian or reptile species) may be taken in this State by these means. It is
ILLINOIS REGISTER 3922 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
unlawful to discharge any gun or bow and arrow device along, upon, across or from any public right-of-way or highway in this State. [520 ILCS 5/2.33(r)] b) Species 1)Only fish, amphibian and reptile species listed may be taken by bowfishing and other legal methods and in accordance with harvest limits identified for each. Fish, amphibian and reptile species permitted to be taken by bowfishing and other archery/spear fishing legal methods in Illinois waters include:
1) Order Petromyzontiformes
Family Petromyzontidae (Non-Native Species):
Sea lamprey – Petromyzon marinus (Linnaeus)
2A) Order Lepisosteiformes
Family Lepisosteidae (Native Species):
Spotted gar − Lepisosteus oculatus (Winchell)
Longnose gar – Lepisosteus osseus (Linnaeus)
Shortnose gar – Lepisosteus platostomus (Rafinesque)
Alligator Gar – Atractosteus spatula (Lacepede) native
3B) Order Amiiformes
Family Amiidae (Native Species):
Bowfin – Amia calva (Linnaeus)
4) Order Clupeiformes
Family Clupeidae (Native Species):
Gizzard shad – Dorosoma cepedianum (Lesueur)
ILLINOIS REGISTER 3923 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
5C) Order Cypriniformes
Family Cyprinidae (Non-Native Species):
Grass carp − Ctenopharyngodon idella (Valenciennes)
Common carp − Cyprinus carpio (Linnaeus)
Silver carp − Hypophthalmichthys molitrix (Valenciennes)
Bighead carp − Hypophthalmichthys nobilis (Richardson)
Goldfish − Carassius auratus (Linnaeus)
Black carpCarp – Mylopharyngodon piceue
Family Cobitidae (Non-Native Species):
Oriental weatherfish – Misgurnus
Anguillicaudatus (Cantor)
Family Catostomidae (Native Species):
River carpsucker − Carpiodes carpio (Rafinesque)
Quillback carpsucker − Carpiodes cyprinus (Lesueur)
Highfin carpsucker − Carpiodes velifer (Rafinesque)
White sucker − Catostomus commersoni (Lacepede)
Blue sucker − Cycleptus elongates (Lesueur)
Smallmouth buffalo − Ictiobus bubalus (Rafinesque)
Bigmouth buffalo − Ictiobus cyprinellus (Valenciennes)
Black buffalo − Ictiobus niger (Rafinesque)
ILLINOIS REGISTER 3924 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Spotted sucker − Minytrema melanops (Rafinesque)
Silver redhorse − Moxostoma anisurum (Rafinesque)
Black redhorse − Moxostoma duquesnei (Lesueur)
Golden redhorse − Moxostoma erythrurum (Rafinesque)
Shorthead redhorse − Moxostoma macrolepidotum (Lesueur)
Family Sciaenidae (Native Species):
Freshwater drum − Aplodinotus grunniens (Rafinesque)
Family Clupeidae (Native Species):
Gizzard shad − Dorosoma cepedianum (Lesueur)
6) Order Characiformes
Family Serrasalmidae (Non-Native Species):
Pacu – Callisoma spp. (Eigenmann and Kennedy)
7D) Order Siluriformes
Family Ictaluridae (Native Species):
Channel catfish – Ictalurus punctatus (Rafinesque)
Blue catfish – Ictalurus furcatus (Lesueur)
Flathead catfish – Pylodictis olivaris (Rafinesque)
Yellow bullhead – Ameiurus natalis (Lesueur)
Brown bullhead – Ameiurus nebulosus (Lesueur)
ILLINOIS REGISTER 3925 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Black bullhead – Ameiurus melas (Rafinesque)
Family Ictaluridae (Non-Native Species):
White catfish – Ameiurus catus (Linnaeus)
8) Order Perciformes
Family Scianidae (Native Species):
Freshwater drum – Aplodinotus grunniens (Rafinesque)
9) Order Cichliformes
Family Cichlidae (Non-Native Species):
Tilapia – Tilapia spp. (Smith)
10) Order Gobbiformes
Family Gobiidae (Non-Native Species):
Round goby – Neogobius malanistomus (Pallas)
11) Order Anabantiformes
Family Channidae (Non-Native Species):
Northern snakehead – Channa argus (Cantor)
12E) Order Anura
Family Ranidae (Native Species):
American bullfrogBullfrog – Lithobates catesbeianus (Shaw)Rana catesbiana
13F) Order Testudines
ILLINOIS REGISTER 3926 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Family Chelydridae (Native Species):
Common snapping turtleSnapping Turtle – Chelydra serpentine (Linnaeus)serpentina
2) All non-native fish species. c) Asian Carp (Non-Native Fish Species) No live possession of non-native fish species listed in subsection (b) is permitted, with the exception of common carp and goldfishAsian carp species is permitted. d) Waters Open to Bowfishing and Other Legal Archery and Spearfishing Methods
1) Illinois waters open to bowfishing and other legal methods include all public rivers and streams noted in 17 Ill. Adm. Code 3704.Appendix A, except as restricted by subsections (d)(3) through (14).
2) All public site specific waters as noted in Section 810.45.
3) Catfish species may only be taken in rivers and connected public (wholly accessible by boat) backwaters (see list in Section 810.15) as noted in subsections (d)(4) through (15).
4) Mississippi River connected public (wholly accessible by boat) backwaters, including that portion of the Kaskaskia River below the navigation lock and dam, except:
A) Quincy Bay, including Quincy Bay Waterfowl Management Area.
B) Spring Lake in the Upper Mississippi River Wildlife and Fish Refuge.
C) Mark Twain U.S. Fish and Wildlife Service National Wildlife Refuge Waters (except by special permit).
5) Illinois River and connected public (wholly accessible by boat) backwaters from Route 89 highway bridge downstream, except for:
A) U.S. Fish and Wildlife National Refuge Waters.
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B) Meredosia Lake in Cass and Morgan Counties during the central zone duck season.
C) Clear Lake in Mason County 7 days prior to and during the central zone duck season.
D) Route 89 highway bridge to Starved Rock Dam for the commercial removal of Asian carp only by a limited number of restricted period contracts.
6) Wabash River.
7) Embarras River.
8) Sangamon River, downstream of Belt Route 48 southwest of Decatur to mouth in Cass County.
9) Kaskaskia River south of Route U.S. 50 Bridge to mouth in Randolph County.
10) Little Wabash River.
11) Big Muddy River.
12) Skillet Fork.
13) Cache River from Route 51 downstream to the Mississippi River via Cache Diversion Channel, but not including that portion of the Cache River between the Cache Diversion Channel Levee and the Ohio River.
14) Saline River in Gallatin and Saline Counties.
15) Ohio River, except for:
A) Lock and Dam 52 downstream to a line perpendicular with the end of the longest lock wall, including the circular cell portion.
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B) Lock and Dam 53 downstream to a line perpendicular with the end of the longest lock wall, including the circular cell portion.
C) Smithland Dam downstream to a line perpendicular to the end of the outer lock wall.
D) Within 50 yards of the mouth of any tributary or stream.
e) Bowfishing for common snapping turtles is not permitted in the following Illinois counties: Randolph, Perry, Franklin, Hamilton, White, Gallatin, Saline, Williamson, Jackson, Union, Johnson, Pope, Hardin, Massac, Pulaski and Alexander.
(Source: Amended at 44 Ill. Reg. 3916, effective February 26, 2020)
Section 810.37 Definitions for Site Specific Sportfishing Regulations
a) Site Specific Regulations are listed by water area affected. The coverage of the regulation is dictated by the extent of the water area listed and not by the county. In some cases, regulations for a given water area or site may extend beyond the counties listed. The counties listed refer to the location of the dam or outfall for impoundments or mouths of small streams. Since large rivers or streams usually flow through many counties, the term "Multiple" is used rather than listing all counties where the large stream or river flows.
b) The following subsections are referred to by number in Section 810.45. Each water area listed in Section 810.45 has numbers in parentheses that explain all of the restrictions or special provisions in this Section that apply to that water area.
1) Sport fishermen must not use more than 2 poles and each pole must not have more than 2 hooks or lures attached (Alabama rigs not allowed) while fishing, except that legal size cast nets (in accordance with Section 810.50(a)(1)), shad scoops, and minnow seines may be used to obtain shad, minnows and crayfish to use as bait, provided that they are not sold, and except that bullfrogs may be taken by hand, gig, pitchfork, spear, landing net and hook and line during bullfrog season.
2) All jugs set in a body of water shall be under the immediate supervision of the fisherman. Immediate supervision shall be defined as the fisherman
ILLINOIS REGISTER 3929 20 DEPARTMENT OF NATURAL RESOURCES
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being on the water where the jugs are set and readily available to identify jugs to law enforcement officers.
3) All largemouth and smallmouth bass taken must be less than 12" in total length or greater than or equal to 15" in total length.
4) Sport fishermen shall be allowed to use trotlines, jugs, and by hand, except that sport fishermen may not submerge any pole or similar object to take or locate any fish and the use and aid of underwater breathing devices is prohibited. West of Wolf Creek Road, fishing from boats is permitted all year. Trotlines/jugs must be removed from sunrise until sunset from Memorial Day through Labor Day. East of Wolf Creek Road, fishing from boats is permitted from March 15 through September 30. Fishing from the bank is permitted all year only at the Wolf Creek and Route 148 causeways. On the entire lake, jugs and trotlines must be checked daily and must be removed on the last day they are used. It is illegal to use stakes to anchor any trotlines; they must be anchored only with portable weights and must be removed on the last day they are used. The taking of carp, carpsuckers, shad, drum, buffalo, gar, bowfin and suckers with spear, gig, bow and arrow or archery device is permissible.
5) Sport fishermen may take carp, carpsuckers, buffalo, gar, bowfin and suckers by pitchfork, gigs, bow and arrow or bow and arrow devices.
6) Sport fishing is allowed in the Fox River south of the Illinois-Wisconsin line to the Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge.
7) Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears during May and June.
8) Daily harvest limit includes striped bass, white bass, yellow bass and hybrid striped bass either singly or in the aggregate.
9) Catch and Release Fishing Only means that fish (all or identified species) caught must be immediately released alive and in good condition back into the water from which they came.
10) It shall be illegal to possess trout during the period of October 1 to 5 a.m.
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on the third Saturday in October (both dates inclusive) that were caught during that period.
11) It shall be illegal to possess trout during the period of March 15 to 5 a.m. on the 1st Saturday in April (both dates inclusive) that were caught during that period.
12) Daily harvest limit for largemouth or smallmouth bass, either singly or in the aggregate, shall not exceed 6 fish, no more than one of which shall be greater than or equal to 15" in total length. Fish greater than or equal to 12" and less than 15" in total length are protected and may not be harvested.
13) Jug fishing is permitted from the hours of sunset to sunrise and carp and buffalo may be taken by bow and arrow devices from May 1 through September 30. All jugs must have owner's/user's name and complete address affixed.
14) Daily harvest limit includes all fish species (either singly or in the aggregate) caught within each of the following fish groupings.
A) Largemouth or smallmouth bass
B) Walleye, sauger, or their hybrid
C) Bluegill, redear, sunfish or pumpkinseed or hybrid sunfish
D) Channel or blue catfish
15) Daily harvest limit includes white, black or hybrid crappie either singly or in the aggregate.
16) Daily harvest limit includes striped bass, white bass and hybrid striped bass either singly or in the aggregate.
17) Daily harvest limit shall not exceed 10 fish, no more than 3 of which may be greater than or equal to 17" total in length.
18) Clinton Lake − Sport fishermen shall be allowed to use trotlines, jugs and
ILLINOIS REGISTER 3931 20 DEPARTMENT OF NATURAL RESOURCES
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bank poles in the portions of the lake that lie north of the Route 54 Railroad Bridge and northeast of the Route 48 Bridge. Sport fishermen may take carp, carpsuckers and buffalo by bow and arrow, bow and arrow devices, gigs and spears on the entire lake, but not within 150 feet of any boat ramp, dock, beach or other developed recreation areas. All jugs and trotlines set in a body of water shall be under the immediate supervision of the angler.
19) It shall be unlawful to enter upon a designated duck hunting area between sunset of the Sunday immediately preceding opening day of regular duck season through the day before regular duck season and Canada goose season as posted at the site, or to fish on such areas during the regular duck season except in areas posted as open to fishing. It shall be unlawful to enter upon areas designated as waterfowl rest areas or refuges from two weeks prior to the start of the regular duck season through the end of duck and Canada goose season.
20) Carlyle Lake (including its tributary streams and those portions of the Kaskaskia River and Hurricane Creek up to the U.S. Army Corps of Engineers Carlyle Lake Project boundaries), U.S. Army Corps of Engineers, Bond, Clinton and Fayette Counties. Does not include the tailwaters. Sport fishermen may not use a minnow seine, cast net or shad scoop for bait collecting between U.S. Route 50 and the Carlyle Lake dam and spillway.
21) Lake Shelbyville (including its tributary streams and those portions of the West Okaw and Kaskaskia Rivers up to Lake Shelbyville Project boundaries – including parts of the Lake Shelbyville Fish and Wildlife Management Area), U.S. Army Corps of Engineers, Shelby and Moultrie Counties. Does not include the tailwater except for the 48" total length and live bait rig requirement for muskellunge (see subsections (b)(40) and (43)).
22) Rend Lake (including its tributary streams and those portions of the Big Muddy and Casey Fork Rivers up to the Rend Lake Project boundaries), Rend Lake Project Ponds, U.S. Army Corps of Engineers, Franklin and Jefferson Counties. Does not include tailwaters. Sport fishermen may not use a minnow seine, cast net, or shad scoop for bait collecting within 1,000 yards downstream of the Rend Lake Dam and Spillway.
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23) Daily harvest limit for black, white or hybrid crappies, singly or in the aggregate, shall not exceed 20 fish, no more than 10 of which may be less than 10" in total length and no more than 10 of which may be greater than or equal to 10" in total length.
24) 15" minimum length limit for walleye with no possession of walleye greater than or equal to 20" and less than 27" in total length − protected slot limit.
25) Daily harvest limit for largemouth or smallmouth bass, singly or in the aggregate, shall not exceed 3 fish, no more than one of which may be greater than or equal to 15" in total length and no more than 2 of which may be less than 15" in total length.
26) Lake Vermilion – Trotline and jug fishing allowed north of Boiling Springs Road.
27) Bank fishing is prohibited. Boat fishing is permitted May 1 through August 31 during the hours of 2:00 p.m. to 8:00 p.m. See site for additional regulations and exact opening and closing dates.
28) Trotlines may be set within 300 feet from shore.
29) Carp, buffalo, suckers and carpsuckers may be taken by means of pitchfork and gigs (no bow and arrow devices).
30) Fishing is permitted from March 15 through September 30, both dates inclusive, from sunrise to sunset. Fishing during all other times of the year is illegal and not permitted.
31) Daily harvest limit for largemouth or smallmouth bass, singly or in the aggregate, shall not exceed 3 fish per day, no more than one of which may be greater than or equal to 15" in total length and no more than 2 of which may be less than 12" in total length.
32) Daily harvest limit of striped bass, white bass, yellow bass and hybrid striped bass, singly or in the aggregate, shall not exceed 4 fish per day that must be greater than or equal to 15" in length.
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33) It shall be unlawful to trespass upon a designated waterfowl hunting area during the 7 days prior to the regular duck season, or to fish on such areas during the regular duck and Canada goose season except in areas posted as open to fishing. It shall be unlawful to trespass upon areas designated as waterfowl rest areas or refuges from 2 weeks prior to the start of the regular duck season through the end of duck and Canada goose season.
34) Sport fishermen may harvest carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears from May 1 through August 31.
35) 14" minimum length limit for walleye, sauger or hybrid walleye, either singly or in the aggregate, with no possession of fish greater than or equal to 18" and less than 24" in total length. There is a 4 fish daily harvest limit of which only one can be greater than or equal to 24" in total length.
36) Sport fishermen may not use a minnow seine, minnow trap, cast net or shad scoop for bait collecting in the following water areas:
Charleston Lower Channel Lake tailwaters from that portion of the Embarras River from the Charleston Lower Channel Lake Dam downstream to the Route 130 Bridge.
Clinton Lake tailwaters from that portion of Salt Creek from the Clinton Dam downstream to the Route 10 Bridge
Cook County Forest Preserve District Waters (except in the Des Plaines River)
Lake Decatur tailwaters from that portion of the Sangamon River from the Lake Decatur Dam downstream to the Route 48 Bridge.
37) Daily harvest limit for smallmouth bass shall not exceed 3 fish, no more than one of which may be greater than or equal to 18" in total length and 2 may be less than 12" in total length.
38) Daily harvest limit for largemouth and smallmouth bass, either singly or in the aggregate, shall not exceed 6 fish per day, no more than one of which
ILLINOIS REGISTER 3934 20 DEPARTMENT OF NATURAL RESOURCES
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may be greater than or equal to 18" in total length and 5 may be less than 14".
39) Powerton Lake shall be closed to boat traffic, except for legal waterfowl hunters, from one week prior to regular waterfowl season to February 15, and closed to all unauthorized entry during the regular goose and duck season.
40) The 48 inch total length limit on pure muskellunge applies to that body of water listed as well as any tailwaters as defined below:
Evergreen Lake (McLean County) – including the portion of Six Mile Creek below the Evergreen Lake Dam downstream to its confluence with the Mackinaw River.
Fox Chain O' Lakes (Lake/McHenry Counties) – including the Fox River south of the Wisconsin-Illinois boundary to the Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge.
Kinkaid Lake (Jackson County) – including the portion of Kinkaid Creek below the Kinkaid Lake Dam downstream to the Route 149 Bridge.
Lake Shelbyville (Moultrie/Shelby Counties) – including the portion of the Kaskaskia River below the Lake Shelbyville Dam downstream to the State Route 128 Road Bridge near Cowden.
Otter Lake (Macoupin County) – including the portion of Otter Creek below Otter Lake Dam downstream to its confluence with East Otter Creek.
Pierce Lake (Winnebago County) – including the portion of Willow Creek below the Pierce Lake Dam downstream to Forest Hills Road.
41) It shall be unlawful to enter upon areas designated as waterfowl hunting areas during the 10 days prior to the start of the regular duck season, or to fish on such areas during the regular duck season except in areas posted as open to fishing. It shall be unlawful to enter upon areas designated as waterfowl rest areas or refuges from 10 days prior to the start of the regular duck season through the end of duck and Canada goose season.
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42) During duck season, walk-in only access for fishing from the bank is permitted after 1:00 p.m.
43) When using live bait, all live bait in excess of 8" in total length shall be rigged with a quick set rig. The hook shall be immediately set upon the strike. A quick set rig is defined as follows: a live bait rig with up to 2 treble hooks attached anywhere on the live bait; single hooks are prohibited. This subsection (b)(43) does not apply to trotlines, jug lines, etc., if allowed on the lake.
44) Sport fishermen may take carp from boat by bow and arrow and bow and arrow devices, but not within 150 feet of any developed recreation areas.
45) Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow devices, gigs or spears (except during waterfowl season) but not within 200 yards of any developed recreational areas.
46) Daily harvest limit for largemouth and smallmouth bass, either singly or in the aggregate, shall not exceed 3 fish, no more than 1 of which may be greater than or equal to 18" in total length and 2 may be less than 12" in total length.
47) 14" minimum length limit for walleye, sauger or hybrid walleye, either singly or in the aggregate, with no possession of fish greater than or equal to 18" or less than 26" in total length. There is a 3 fish daily harvest limit of which only 1 fish can be greater than or equal to 26" in total length.
48) Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears, except when closed under site regulations (17 Ill. Adm. Code 110) and posted on site.
49) Length limit regulation exemptions for fishing tournaments may be allowed for any fish species found in water body.
50) Daily harvest limit for largemouth or smallmouth bass, singly or in the aggregate, shall not exceed 3 fish daily, no more than one of which may be greater than or equal to 18" in total length and no more than 2 of which may be less than 14" in total length.
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51) Lake Decatur, (including all boundaries within the City of Decatur) from the dam to the Sangamon River at Macon County Highway 25 (North Oakley Road) and the area west of Baltimore Ave. Does not include the tailwater.
52) Daily harvest for muskellunge shall not exceed 1 fish greater than or equal to 36", but less than 42", or 1 fish greater than or equal to 48" in total length.
53) The daily harvest limit for yellow perch shall not exceed 15 fish in the combined waters of Lake Michigan, Calumet River, and Chicago River including its North Branch, South Branch and the North Shore Canal.
(Source: Amended at 44 Ill. Reg. 3916, effective February 26, 2020)
Section 810.45 Site Specific Water Area Regulations
Fishing regulations, including species of fish, fishing methods and Daily Harvest Limits are listed for each water area. The numbers in parenthesis refer to the corresponding numbered definitions in Section 810.37. If a water area is not listed or if a specific species is not listed, then statewide restrictions apply. Check the bulletin boards and regulation signs at the specific site for any emergency changes to regulations.
Altamont Reservoir, City of Altamont Effingham County Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Anderson Lake State Fish and Wildlife Area (33) Fulton County
Largemouth Bass ● 6 Fish Daily Harvest Limit ● 12 Minimum Length Limit
Andover Lake, City of Andover Henry County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
ILLINOIS REGISTER 3937 20 DEPARTMENT OF NATURAL RESOURCES
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Anna City Lake, City of Anna Union County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 8" Minimum Length Limit ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Apple River (within Apple River Canyon State Park and Satellite Boundaries), State of Illinois Jo Daviess County All Fish ● 2 Pole and Line Fishing Only (1) Smallmouth Bass ● Catch and Release Fishing Only (9) Trout ● Spring Closed Season (11). No harvest with Hook and Line Fishing. Catch and Release Fishing permitted. (9) ● Fall Closed Season (10) No harvest with Hook and Line Fishing; Catch and Release Fishing permitted. (9)
Argyle Lake, Argyle Lake State Park McDonough County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Hybrid Walleye ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit of 14-18" ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit Trout ● Fall Closed Season (10) White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish greater than or equal to 10"
Arrowhead Heights Lake, Village of Camp Point Adams County All Fish ● 2 Pole and Line Fishing Only (1)
ILLINOIS REGISTER 3938 20 DEPARTMENT OF NATURAL RESOURCES
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Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Arrowhead Lake, City of Johnston City Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit With 1 Fish ≥ 15" and/or 2 Fish < 12" Daily Harvest (31) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Ashland City Old Reservoir, City of Ashland Morgan County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Ashland City Reservoir, City of Ashland Morgan County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit
Auburn Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
Axehead Lake, Cook County Forest Preserve Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Bakers Lake, City of Peru
ILLINOIS REGISTER 3939 20 DEPARTMENT OF NATURAL RESOURCES
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LaSalle County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Baldwin Lake, Baldwin Lake Conservation Area Randolph County All Fish ● 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit ● 9" Minimum Length Limit
Banana Lake, Lake County Forest Preserve District Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Banner Marsh Lake & Ponds, Banner Marsh State Fish and Wildlife Area (33) Peoria/Fulton Counties Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (34) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 3 Fish Daily Harvest Limit ● Protected Slot Length Limit of 12-18" Pure Muskellunge ● 42" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"
Batchtown State Wildlife Management Area (19) Calhoun County
ILLINOIS REGISTER 3940 20 DEPARTMENT OF NATURAL RESOURCES
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Baumann Park Lake, City of Cherry Valley Winnebago County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Beall Woods Lake, Beall Woods Conservation Area Wabash County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Spring Closed Season (11) ● Fall Closed Season (10)
Beaver Dam Lake, Beaver Dam State Park Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit ● 9" Minimum Length Limit
Beck Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed Sunfish ● 15 Fish Daily Harvest Limit (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
ILLINOIS REGISTER 3941 20 DEPARTMENT OF NATURAL RESOURCES
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Belk Park Pond, City of Wood River Madison County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Belleau Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed Sunfish ● 15 Fish Daily Harvest Limit (14) Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Belvidere Ponds, City of Belvidere Boone County Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 14" Minimum Length Limit
Bevier Lagoon, Waukegan Park District Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Bird Park Quarry, City of Kankakee Kankakee County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Blandinsville North and South Ponds, Village of Blandinsville McDonough County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ 15" and/or 2 Fish ˂ 12" (31)
ILLINOIS REGISTER 3942 20 DEPARTMENT OF NATURAL RESOURCES
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● 3 Fish Daily Harvest Limit
Bloomington Park District Lakes (Anglers Lake, Holiday Lake, Miller Park Lake, Tipton Lake and White Oaks Lake), City of Bloomington McLean County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Blue Pond, Boone County Conservation District Boone County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Borah Lake, City of Olney Richland County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Boston Pond, Stephen A. Forbes State Park Marion County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Bowen Lake, City of Washington Tazewell County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with no possession of Fish < 15" or ≥ 12" (3) ● 3 Fish Daily Harvest Limit
Boyd-Wesley Park Pond, Village of Towanda McLean County
ILLINOIS REGISTER 3943 20 DEPARTMENT OF NATURAL RESOURCES
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All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit
Braidwood Lake, Braidwood State Fish and Wildlife Area (41) Will County Recreational Use Restrictions ● Braidwood Lake is closed to all fishing and boat traffic, except for legal waterfowl hunters, from 10 days prior to duck season through the day before duck season and is closed to all fishing during waterfowl season commencing with regular duck season through the close of the Canada goose and regular duck season All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White or Hybrid Striped Bass ● 10 Fish Daily Harvest with no more than 3 (16) Fish > 17" (17)
Breese JC's Park Pond, City of Breese Clinton County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Buckner City Reservoir, City of Buckner Franklin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Buffalo Prairie State Pheasant Habitat Area Lakes and Ponds (Buffalo Lake South, Buffalo Lake North, Buffalo Pond Northwest, Buffalo Wetland) State of Illinois Knox County
ILLINOIS REGISTER 3944 20 DEPARTMENT OF NATURAL RESOURCES
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All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● Protected Slot Length Limit of 14-18" ● 3 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Walleye, Sauger or Hybrid Walleye (14) ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 1 Fish ≥ 36" but < 42", or 1 Fish ≥ 48" in Total Length (52) White, Black or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10" Channel Catfish ● 6 Fish Daily Harvest Limit
Bullfrog Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Large or Smallmouth Bass ● 14" Minimum Length Limit Bluegill, Redear, or Pumpkinseed Sunfish ● 15 Fish Daily Harvest Limit (14) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Bunker Hill Lake, City of Bunker Hill Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Burning Star State Fish and Wildlife Area – All lakes and ponds Jackson County Recreation Use Restrictions ● Waterfowl Refuge or Hunting Area (all use other than waterfowl hunting from November 1 through the last day in February) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with 1 Fish ≥ 18" and 5 Fish < 14" (38) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
Burrells Wood Park Pond White County
ILLINOIS REGISTER 3945 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Channel Catfish ● 6 Fish Daily Harvest Limit
Busse Lake (including Busse Lake Spillway and Salt Creek downstream to Arlington Heights Road), Cook County Forest Preserve Cook County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed Sunfish ● 15 Fish Daily Harvest Limit (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit
Cache River State Natural Area Pulaski/Johnson Counties Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area; no fishing in Nature Preserves – Section 8 Woods, Heron Pond/Little Black Slough All Fish ● 2 Pole and Line Fishing Only (1) (5) ● No Seines
Calhoun Point State Wildlife Management Area (19) Calhoun County
Calumet River Cook County Yellow Perch ● 15 Fish Daily Harvest Limit ● Closed May 1 through June 15
Campbell Pond State Wildlife Management Area (19) Jackson County
Campus Lake – Southern Illinois University, State of Illinois Jackson County All Fish ● 2 Pole and Line Fishing Only (1)
ILLINOIS REGISTER 3946 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Channel Catfish ● 6 Fish Daily Harvest Limit
Campus Pond – Eastern Illinois University, State of Illinois Coles County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Canton Lake, City of Canton Fulton County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel or Blue Catfish (14) ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit
Carbondale City Reservoir, City of Carbondale Jackson County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Carlinville Lake #1, City of Carlinville Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Carlinville Lake #2, City of Carlinville Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Carlton Silt Basin, State of Illinois Whiteside County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 8" Minimum Length Limit
ILLINOIS REGISTER 3947 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● 10 Fish Daily Harvest Limit Large or Smallmouth Bass ● Catch and Release Fishing Only (9)
Carlyle Lake, U.S. Army Corps of Engineers (20) (33) Clinton/Bond/Fayette Counties Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit ● 10" Minimum Length Limit
Carthage Lake, City of Carthage Hancock County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Casey Park Pond, City of Casey Clark County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit of which only 5 Fish ≥ 8" Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Cedar Lake and Little Cedar Lake, U.S. Forest Service and City of Carbondale Jackson County All Fish ● 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass (14) ● Protected Slot Length Limit with 1 Fish ≥ 18" and 5 Fish < 14" (38) ● 6 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
Centennial Park Pond, Coloma Township Park District Whiteside County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
ILLINOIS REGISTER 3948 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Centralia Foundation Park Catfish Pond, Centralia Park Foundation Marion County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Centralia Lake, City of Centralia Marion County Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Cermack Quarry, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)
Champaign Park District Lakes (Kaufman Lake, Heritage Lake, Porter Lake and Mattis Lake), Champaign Park District Champaign County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout (Kaufman Lake) ● Fall Closed Season (10) ● Spring Closed Season (11)
Charleston Lower Channel Lake, City of Charleston Coles County All Fish ● 2 Pole and Line Fishing Only (1) (5) (36)
Charleston Side Channel Lake, City of Charleston Coles County All Fish ● 2 Pole and Line Fishing Only (1) (5)
ILLINOIS REGISTER 3949 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit for Fish < 10"; 10 Fish Daily Harvest Limit for Fish ≥ 10" (23)
Charlie Brown Lake & Pond, City of Flora Clay County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Charter Oak North – Peoria Park District Lake, Peoria Park District Peoria County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Charter Oak South – Peoria Park District Pond, Peoria Park District Peoria County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Chautauqua Lake North and South Pools, U.S. Fish and Wildlife Service Mason County Recreational Use Restrictions ● Lake Chautauqua North and South Pools will be closed to boat fishing from
October 6 through January 31 ● Bank fishing will be allowed in selected areas only ● Ice fishing will be allowed following the February 1 reopening Largemouth Bass ● 12" Minimum Length Limit
ILLINOIS REGISTER 3950 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Chenoa City Lake, City of Chenoa McLean County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Chicago River (including its North Branch, South Branch, and the North Shore Channel) Cook County Yellow Perch ● 15 Fish Daily Harvest Limit ● Closed May 1 through June 15
Chillicothe Park District Trails Edge Ponds, City of Chillicothe Peoria County
All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Christopher Old City Lake, City of Christopher Franklin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Citizen's Lake, City of Monmouth Warren County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Limit with 1 Fish ≥ 15" and/or 5 Fish < 12" ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)
Clear Lake, Kickapoo State Park Vermilion County
ILLINOIS REGISTER 3951 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish ≥ 15" and 2 Fish < 15" (25) ● 3 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Clinton Lake, Clinton Lake State Recreation Area DeWitt County All Fish ● 2 Pole and Line Fishing Only (1) (2) (18) (36) Blue or Channel Catfish ● 10 Fish Daily Harvest Limit, singly or in the aggregate Large or Smallmouth Bass (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Daily Harvest Limit, with no more (16) than 3 Fish ≥ 17" (17) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit ● 9" Minimum Length Limit Walleye ● 3 Fish Daily Harvest Limit ● 18" Minimum Length Limit
Coffeen Lake, Coffeen Lake State Fish and Wildlife Area Montgomery County Channel Catfish ● All jugs must be attended at all times while fishing (2) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie ● 10" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit
Coffeen Upland Management Pond, Coffeen Lake State Fish and Wildlife Area Montgomery County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass ● 1 Fish Daily Harvest Limit ● 18" Minimum Length Limit
ILLINOIS REGISTER 3952 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Coles County Airport Lake, Coles County Airport Coles County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with only 1 Fish ≥ 18" and 2 Fish < 14" ● 3 Fish Daily Harvest Limit (50)
Columbus Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
Commissioners Park Pond, Alsip Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Conservation World Ponds, Illinois State Fairgrounds Sangamon County Fishing by special permit only for senior groups, children's groups or group guests of the Director. Apply for permit by writing to: Department of Natural Resources, Division of Fisheries, One Natural Resources Way, Springfield IL 62702
Cook Co. Forest Preserve District Lakes, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass ● 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Coulterville City Lake, City of Coulterville Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
ILLINOIS REGISTER 3953 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Channel Catfish ● 6 Fish Daily Harvest Limit
Crab Orchard National Wildlife Refuge – Crab Orchard Lake, U.S. Fish and Wildlife Service Williamson County All Fish ● 2 Pole and Line Fishing Only (1) (4) Large or Smallmouth Bass (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Crab Orchard National Wildlife Refuge – Devil's Kitchen Lake, U.S. Fish and Wildlife Service Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 8" Minimum Length Limit ● 25 Fish Daily Harvest Limit
Crab Orchard National Wildlife Refuge – Little Grassy Lake, U.S. Fish and Wildlife Service Williamson County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass(14) ● Protected Slot Length Limit of 12-15" (3) ● 6 Fish Daily Harvest Limit
Crab Orchard National Wildlife Refuge – Visitors Pond Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Crab Orchard National Wildlife Refuge − Restricted Use Area Ponds (30), except Visitor Pond, and Crab Orchard National Wildlife Refuge − All Other Ponds, U.S. Fish and Wildlife Service Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit
ILLINOIS REGISTER 3954 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Crawford County State Fish and Wildlife Area – Picnic Pond, Crawford County Conservation Area Crawford County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Fall Closed Season (10)
Crawford County State Fish and Wildlife Area Ponds, Crawford County Conservation Area Crawford County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Crull Impoundment State Wildlife Management Area (33) Jersey County
Crystal Lake, Urbana Park District Champaign County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit
Cypress Creek National Wildlife Refuge − All Ponds, U.S. Fish and Wildlife Service Johnson/Pulaski/Union Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Cypress Creek National Wildlife Refuge − Cache River Fish and Wildlife Service Johnson/Pulaski Counties All Fish ● 2 Pole and Line Fishing Only (1) ● No Seines
Dawson Lake & Park Ponds, Moraine View State Park McLean County
ILLINOIS REGISTER 3955 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
All Fish ● 2 Pole and Line Fishing Only (1) (44) Bluegill or Redear Sunfish (14) ● 20 Fish, singly or in the aggregate, Daily Harvest Limit with no more than 5 Fish ≥
8" Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish ≥ 15" and 2 Fish < 15" (25) ● 3 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye ● 3 Fish Daily Harvest Limit ● 15" Minimum Length Limit with no more than 1 Fish ≥ 20" White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Decatur Park District Pond Macon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit (except for Fairview Park – Dreamland Pond, which
has a 3 Fish Daily Harvest Limit) Large or Smallmouth Bass ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Defiance Lake, Moraine Hills State Park McHenry County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Des Plaines River Basin (former Hoffman Dam site to 47th Street Bridge, including tributaries) Cook County Channel Catfish ● 15" Minimum Length Limit ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Catch and Release Only (9) Northern Pike ● 30" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
ILLINOIS REGISTER 3956 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Diamond Lake, City of Mundelein Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Dieterich Park Pond, City of Dieterich Effingham County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Dolan Lake, Hamilton County Conservation Area Hamilton County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with only 10 Fish ≥ 10"
Dongola City Lake, City of Dongola Union County Largemouth Bass ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Donnelley State Wildlife Area (33) Bureau County
Double "T" State Fish and Wildlife Area, State of Illinois Fulton County Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area (all use other than waterfowl hunting is prohibited from October 1 through the end of the central zone Canada goose season) ●
ILLINOIS REGISTER 3957 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
All live bait > 8" must be rigged with a
quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel or Blue Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 21" Minimum Length Limit ● 1 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10" Minimum Length Limit ● 25 Fish Daily Harvest Limit
Douglas Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
DuPage County Forest Preserve District Lakes and Ponds (excluding Harrier Lake), Forest Preserve District of DuPage County DuPage County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit ● 12" Minimum Length Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with 1 Fish ≥ 18" and 3 Fish < 14" ● 4 Fish Daily Harvest Limit Muskellunge ● 48" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Yellow Perch ● 9" Minimum Length Limit ● 5 Fish Daily Harvest Limit
DuPage County Forest Preserve District (Harrier Lake Only), Forest Preserve District of DuPage County DuPage County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit
ILLINOIS REGISTER 3958 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● 12" Minimum Length Limit Largemouth Bass ● Protected Slot Length Limit with 1 Fish ≥ 18" and 3 Fish < 14" ● 4 Fish Daily Harvest Limit Smallmouth Bass ● Catch and Release Fishing Only (9) Walleye, Sauger, or Hybrid Walleye (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Yellow Perch ● 9" Minimum Length Limit ● 5 Fish Daily Harvest Limit
DuPage River – West Branch (between the former dam sites located in the McDowell Grove Forest Preserve and the Warrenville Grove Forest Preserve) DuPage County Large or Smallmouth Bass ● Catch and Release Fishing Only (9)
DuQuoin City Lake, City of DuQuoin Perry County Channel Catfish ● 6 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14"-18" Protected Slot Length Limit with only 1 Fish ≥ 18" and 5 Fish < 14" (38) White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
DuQuoin State Fairgrounds – All Lakes and Ponds, State of Illinois Perry County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 3 Fish Daily Harvest Limit ● 15" Minimum Length Limit
East Fork Lake, City of Olney Richland County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
ILLINOIS REGISTER 3959 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Ed Madigan State Park Pond Logan County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass ● 18" Minimum Length Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit
Eldon Hazlet State Park (See Also Carlyle Lake) Clinton County
Elliott Lake, Wheaton Park District DuPage County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit
Embarras River Bottoms State Habitat Area Lawrence County All Fish ● 2 Pole and Line Fishing Only (1) (5)
Emiquon Preserve − Thompson Lake Fulton County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Black, White, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 25 Fish Daily Harvest Limit Bluegill, Redear, Pumpkinseed Seed, ● 25 Fish Daily Harvest Limit Green, or Orange spotted Sunfish and
Hybrid Sunfish (14) Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye (14) ● 14" Minimum Length Limit
● 6 Fish Daily Harvest Limit
Evergreen Lake, City of Bloomington McLean County
ILLINOIS REGISTER 3960 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 48" Minimum Length Limit (40) Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Fairgrounds Pond – Fort Massac State Park, State of Illinois Massac County Largemouth and Smallmouth Bass ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Fairview Park – Dreamland Pond, Decatur Park District Macon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Largemouth and Smallmouth Bass ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Ferne Clyffe Lake, Ferne Clyffe State Park Johnson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Flatfoot Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit
ILLINOIS REGISTER 3961 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Fletcher Park Pond, City of Mt. Zion Macon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 5 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Foli Park Pond, Village of Plano Kendall County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Forbes State Lake, Stephen A. Forbes State Park (including Forbes State Lake tailwaters and that portion of Lost Fork Creek within Stephen A. Forbes State Park) Marion County All Fish ● 2 Pole and Line Fishing Only (1) (5) Recreation Use Restrictions ● Waterfowl Refuge or Hunting Area (33) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit
● 6 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit
Forbes State Park Ponds, Stephen A. Forbes State Park Marion County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit
Forest Park Lagoon, City of Shelbyville Shelby County
ILLINOIS REGISTER 3962 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Forest Preserve District of Kane County Lakes and Ponds Kane County Largemouth Bass ● 14-18" Protected Slot Length Limit with 3 fish < 14" and 1 fish > 18" Harvest Limit ● 4 Fish Daily Harvest Limit White, Black or Hybrid Crappie (14) ● 10 Fish Daily Harvest Limit Bluegill ● 10 Fish Daily Harvest Limit Smallmouth Bass ● Catch and Release Fishing Only Northern Pike ● 24" Minimum Length Limit ● 1 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit
Four Lakes, Winnebago County Forest Preserve Winnebago County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Spring Closed Season (11) ● Fall Closed Season (10)
Fox Chain O'Lakes (including the Fox River south of the Wisconsin-Illinois boundary to the Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge) (6) (Applies to Grass Lake and Nippersink Lake State Managed Blind Areas Only), State of Illinois Lake and McHenry Counties Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) on State Park property bordering the Fox River and
Grass Lake Flathead Catfish ● 1 Fish ≥ 28" and/or 2 Fish ≤ 28" per day
ILLINOIS REGISTER 3963 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit (6) ● 6 Fish Daily Harvest Limit of which no more than 3 can be Smallmouth Bass Pure Muskellunge ● 48" Minimum Length Limit (40) Smallmouth Bass ● All Fish must be immediately released between April 1 and June 15 Walleye, Sauger, or Hybrid Walleye (14) ● 14" Minimum Length Limit with an 18- 24" Protected Slot Length Limit (no possession) (6) ● 4 Fish Daily Harvest Limit of which only 1 can be ≥ 24" (35)
Fox Ridge State Park (see also Hurricane Pond, Wilderness Pond and Ridge Lake) Coles County
Fox River, Algonquin Dam to confluence with the Illinois River, including tributaries, State of Illinois Multiple Counties Flathead Catfish ● 1 Fish ≥ 28" and/or 2 Fish < 28" ● 3 Fish Daily Harvest Limit Smallmouth Bass ● 1 Fish ≥ 12" and 2 Fish < 12" ● 3 Fish Daily Harvest Limit
Fox River (at Moraine Hills State Park and Dam and on Bolger Lock and Dam Properties), State of Illinois McHenry County All Fish ● 2 Pole and Line Fishing Only (1) on Moraine Hills State Park and Dam property and on property at the Bolger Lock and Dam along the Fox River
Fox River Marina, Lake County Forest Preserve Lake County All Fish ● 2 Pole and Line Fishing Only; Bank Fishing Only (in areas designated by Lake
County Forest Preserve District)
ILLINOIS REGISTER 3964 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Fox Valley Park District Lakes and Ponds (except Jericho Lake and Lake Gregory), Fox Valley Park District Kane and DuPage Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Frank Holten Lakes, Frank Holten State Park St. Clair County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Franklin Creek (within the boundaries of Franklin Creek State Natural Area) Lee County All Fish ● 2 Pole and Line Fishing Only (1)
Franklin Creek Mill Pond − Franklin Creek State Park, State of Illinois Lee County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Fuller Lake (19) Calhoun County
Fulton County Camping and Recreation Area Waters, Fulton County Board Fulton County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
ILLINOIS REGISTER 3965 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Large or Smallmouth Bass (14) ● Protected Slot Length Limit with no possession of Fish < 15" and ≥ 12" (3) ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit
Gages Lake, Wildwood Park District Lake County Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Garfield Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
Gebhard Woods Pond, Gebhard Woods State Park Grundy County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Spring Closed Season (11)
Germantown Lake, City of Germantown Clinton County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Giant City Park Ponds, Giant City State Park Jackson and Union Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth and Spotted Bass ● 15" Minimum Length Limit
ILLINOIS REGISTER 3966 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Gillespie New City Lake, City of Gillespie Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with no possession of Fish < 15" and ≥ 12" (3) ● 3 Fish Daily Harvest Limit
Gillespie Old City Lake, City of Gillespie Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Glades − 12 Mile Island Wildlife Management Area (19) Jersey County
Gladstone Lake, Henderson County Conservation Area Henderson County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel or Blue Catfish (14) ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish ≥ 15" and/or 2 Fish < 12" ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 48" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Glen O Jones Lake Trout Pond, Saline County Conservation Area Saline County Trout ● Fall Closed Season (10)
Glen O Jones State Lake, Saline County Conservation Area Saline County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ 18" and 5 Fish < 14" (38) ● 6 Fish Daily Harvest Limit
ILLINOIS REGISTER 3967 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Glen Oak Park Lagoon, Peoria Park District Peoria County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Glen Shoals Lake, City of Hillsboro Montgomery County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit
Godar-Diamond/Hurricane Island Wildlife Management Area (19) Calhoun County
Gompers Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
Gordon F. More Park Lake, City of Alton Madison County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Governor Bond Lake, City of Greenville Bond County Channel Catfish ● All jugs must be attended at all times while fishing (2) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit
ILLINOIS REGISTER 3968 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
Grayslake Park District (Grayslake and Park Ponds), City of Grayslake Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Green Lake, Cook County Forest Preserve Cook County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Greenfield City Lake, City of Greenfield Greene County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (12) ● 1 Fish ≥ to 15" and/or 5 Fish < 12" ● 6 Fish Daily Harvest Limit
Greenville Old City Lake, Kingsbury Park District Bond County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Hanover Lake – Apple River Canyon State Park, State of Illinois Jo Daviess County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Harrisburg New City Reservoir, City of Harrisburg
ILLINOIS REGISTER 3969 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Saline County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit
Heidecke Lake, Heidecke Lake State Fish and Wildlife Area Grundy County (41) Recreational Use Restrictions ● Heidecke Lake shall be closed to all fishing and boat traffic except for legal waterfowl hunters from 10 days prior to duck season through the day before duck season and is closed to all fishing during waterfowl season commencing with regular duck season through the close of the Canada goose and regular duck season ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Black, White, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ 18" and 2 Fish < 12" (46) ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 48" Minimum Length Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Daily Harvest Limit with no more (16) than 3 Fish ≥ 17" (17) Walleye, Sauger, or Hybrid Walleye (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Heiland Lakes, Kankakee River Valley Forest Preserve District Kankakee County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish ● 15 Fish Daily Harvest Limit, singly or in the aggregate Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
ILLINOIS REGISTER 3970 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Helmbold Slough (19) Calhoun County
Henderson Creek State Fish and Wildlife Area Henderson County Recreational Use Restrictions ● It shall be unlawful to trespass upon a designated waterfowl hunting area during the 7 days prior to regular duck season or to fish on such areas during the regular duck season except in areas posted as open to fishing; it shall be unlawful to trespass
upon areas designated as waterfowl rest areas or refuges from 2 weeks prior to the start of the regular duck season through the end of duck and Canada Goose season (33)
Hennepin Canal – Mainline & Feeder, Hennepin Canal Parkway State Park Multiple Counties All Fish ● 2 Pole and Line Fishing Only (1) (13) Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Hennepin-Hopper Lakes, The Wetlands Initiative Putnam County Recreational Use Restrictions ● All live bait greater than 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Black, White or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit (14) ● 3 Fish Daily Harvest Limit
Heritage Quarries, City of Lemont
ILLINOIS REGISTER 3971 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Will County Black, White or Hybrid Crappie ● 15 Fish Daily Harvest Limit Bluegill or Redear Sunfish ● 15 Fish Daily Harvest Limit Large or Smallmouth Bass ● 3 Fish Daily Harvest Limit ● 14" Minimum Length Limit
Herrin Lake #1, City of Herrin Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Herrin Lake #2, City of Herrin Williamson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Heyworth Centennial Lake, City of Heyworth McLean County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 16" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Hidden Springs State Forest Pond, Hidden Springs State Forest Shelby County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Highland Old City Lake, City of Highland Madison County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit
ILLINOIS REGISTER 3972 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● 3 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)
Hillsboro Old City Lake, City of Hillsboro Montgomery County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with no possession of Fish < 15" and ≥ 12" (3) ● 3 Fish Daily Harvest Limit
Homer Guthrie Pond – Eldon Hazlet State Park, State of Illinois Clinton County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Homer Lake, Champaign County Forest Preserve District Champaign County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Hormel Pond, Donnelly State Fish and Wildlife Area Bureau County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Horseshoe Lake − Alexander Co., Horseshoe Lake Conservation Area Alexander County Recreational Use Restrictions ● Only trolling motors in refuge from October 15-March 1 All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
ILLINOIS REGISTER 3973 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Horseshoe Lake − Madison County, Horseshoe Lake State Park (19) Madison County All Fish ● 2 Pole and Line Fishing Only (1) (5) (28) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
Horsetail Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Horton Lake, Nauvoo State Park Hancock County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● No harvest with Hook and Line; Catch and Release Fly Fishing Permittedis permitted (9) ● Spring Closed Season (11) ● No harvest with Hook and Line; Catch and Release Fly Fishing Permittedis permitted (9) Large or Smallmouth Bass 18" Minimum Length Limit 1 Fish Daily Harvest Limit
Humbolt Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
Hurricane Pond, Fox Ridge State Park Coles County
ILLINOIS REGISTER 3974 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 5 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Illinois & Michigan Canal, State of Illinois Grundy/LaSalle/ Will Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Spring Closed Season (11) ● Fall Closed Season (10)
Illinois Beach State Park Ponds, Illinois Beach State Park Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Illinois Department of Transportation Lake, State of Illinois Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Fall Closed Season (10) ● Catch and ReleaseNo harvest with Hook and Line; Fly Fishing is permitted (9) ● Spring Closed Season (11) ● Catch and ReleaseNo harvest with Hook and Line; Fly Fishing is permitted (9)
Illinois River – Pool 26 (19) Calhoun County
Illinois River − Starved Rock Pool LaSalle and Grundy Counties Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit
ILLINOIS REGISTER 3975 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Illinois River – State of Illinois Multiple Counties Large or Smallmouth Bass ● 12" Minimum Length Limit
Indian Boundary South Pond, Frankfort Square Park District Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Iroquois & Kankakee Rivers and their Tributaries, State of Illinois Multiple Counties Walleye, Sauger, and Hybrid Walleye ● 14" Minimum Length Limit (14) ● Protected Slot Length Limit with no possession of Fish < 26" and ≥ 18" ● 3 Fish Daily Harvest Limit of which only 1 Fish can be > 26" (47)
Island Pond, Boone County Conservation District Boone County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Jackson Park (Columbia Basin) Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
Jericho Lake, Fox Valley Park District Kane County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Black, White, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 15 Fish Daily Harvest Limit
ILLINOIS REGISTER 3976 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Jim Edgar/Panther Creek State Fish and Wildlife Area, All Lakes and Ponds, Jim Edgar/Panther Creek Fish and Wildlife Area Cass County Recreational Use Restrictions ● All live bait ≥ 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 48" Minimum Length Limit
Jim Edgar/Panther Creek State Fish and Wildlife Area − Drake Lake, Jim Edgar/Panther Creek Fish and Wildlife Area Cass County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Jim Edgar/Panther Creek State Fish and Wildlife Area – Gridley Road Lake, Jim Edgar/Panther Creek Fish and Wildlife Area Cass County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Trout ● Spring Closed Season (11) ● No harvest with Hook and Line; Catch and Release Fly Fishing Permittedpermitted (9) ● Fall Closed Season (10) ● No harvest with Hook and Line; Catch and Release Fly Fishing Permittedpermitted (9)
Johnson Sauk Trail Lake & Pond, Johnson Sauk Trail State Park Henry County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1)
ILLINOIS REGISTER 3977 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Jones Park Lake, City of East St. Louis St. Clair County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Jubilee College State Park Pond, Jubilee College State Park Peoria County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Kankakee-Iroquois Rivers and their Tributaries, State of Illinois Multiple Counties Walleye, Sauger, and Hybrid Walleye ● 14" Minimum Length Limit (14) ● Protected Slot Length Limit with no possession of Fish < 26" and ≥ 18" ● 3 Fish Daily Harvest Limit of which only 1 Fish can be ≥ 26" (47)
Kankakee River, from the Kankakee Dam to the Wilmington Dam on the Kankakee River, including tributaries, State of Illinois Multiple Counties Smallmouth Bass ● Protected Slot Length Limit with only 1 Fish greater than or equal to 18" and 2 Fish less than 12" ● 3 Fish Daily Harvest Limit (37)
Kaskaskia River State Fish and Wildlife Area – Doza Creek Wildlife Management Area (33) St. Clair County
Kendall Co. Lake #1, Kendall County Forest Preserve District Kendall County All Fish ● 2 Pole and Line Fishing Only (1)
ILLINOIS REGISTER 3978 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Kent Creek Winnebago County Trout ● Catch and Release Fishing Only (9) ● Fly Fishing is permitted (9)
Kickapoo State Park Lakes & Pond, Kickapoo State Park Vermilion County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish ≥ 15" and 2 Fish < 15" (25) ● 3 Fish Daily Harvest Limit
Kincaid City Reservoir, City of Kincaid Christian County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
King Park Lagoon, City of Pittsfield Pike County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Spring Closed Season (11) ● Fall Closed Season (10)
Kinkaid Lake, Kinkaid Lake State Fish and Wildlife Area Jackson County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) Large or Smallmouth Bass (14) ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 48" Minimum Length Limit (40) White, Black, or Hybrid Crappie (15) ● 9" Minimum Length Limit
ILLINOIS REGISTER 3979 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● 25 Fish Daily Harvest Limit
Kinmundy Reservoir, City of Kinmundy Marion County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit
Kishwaukee River and South Branch of Kishwaukee River and Tributaries, State of Illinois Multiple Counties Smallmouth Bass ● 14" Minimum Length Limit
Lake Atwood, McHenry County Conservation District McHenry County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)
Lake Bloomington, City of Bloomington McLean County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Daily Harvest Limit with no more (16) than 3 Fish ≥ 17" (17)
White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Walleye ● 3 Fish Daily Harvest Limit ● 18" Minimum Length Limit
Lake Carlton, Morrison-Rockwood State Park Whiteside County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit
ILLINOIS REGISTER 3980 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● 14" Minimum Length Limit Pure Muskellunge ● 36" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
Lake Chaminwood, Will County Forest Preserve District Will County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Lake Co. Forest Preserve District Lakes (except Independence Grove Lake), Lake County Forest Preserve District Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 16" Minimum Length Limit
Lake Decatur, City of Decatur Macon County All Fish ● 2 Pole and Line Fishing Only (1) (29) (36) White, Black, or Hybrid Crappie (15) ● 10" Minimum Length Limit ● 10 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Lake Depue Fish and Wildlife Area (33) Bureau County
Lake Eureka, City of Eureka Woodford County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 6 Fish Daily Harvest Limit
ILLINOIS REGISTER 3981 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Lake George, Loud Thunder Forest Preserve Rock Island County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Pure Muskellunge ● 36" Minimum Length Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
Lake Jacksonville, City of Jacksonville Morgan County All Fish ● 2 Pole and Line Fishing Only (1) (29) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit of 14-18" ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit, singly or in the aggregate, with no more than 10 Fish ≥ 10"
Lake Kakusha, City of Mendota LaSalle County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
Lake Le-Aqua-Na Kids Only Fishing Pond, Lake Le-Aqua-Na State Park Stephenson County Recreational Use Restrictions ● Only kids under 16 years of age permitted to fish Channel Catfish ● 1 Fish Daily Harvest Limit Bluegill or Redear Sunfish and Their ● 10 Fish Daily Harvest Limit Hybrids
ILLINOIS REGISTER 3982 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Lake Le-Aqua-Na, Lake Le-Aqua-Na State Park Stephenson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit
Lake Lou Yaeger, City of Litchfield Montgomery County All Fish 2 Pole and Line Fishing Only (1) Channel Catfish 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) 15" Minimum Length Limit 3 Fish Daily Harvest Limit
Lake Mattoon, City of Mattoon Coles/Cumberland/Shelby Counties All Fish ● 2 Pole and Line Fishing only (1) Large or Smallmouth Bass (14) ● 14" Minimum Length Limit Channel Catfish ● 6 Fish Daily Harvest Limit
Lake Mendota, City of Mendota LaSalle County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish greater than or equal to 15" and/or 2 less than 12" (31) ● 3 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)
Lake Michigan (Illinois Portion) (49), State of Illinois Lake/Cook Counties Recreational Use Restriction ● All devices used for sport fishing on Lake Michigan must be attended at all times Trout and Salmon ● 10" Minimum Length Limit ● 5 Fish Daily Harvest, singly or in the aggregate, except for Lake Trout
ILLINOIS REGISTER 3983 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Lake Trout ● 2 Fish Daily Harvest Limit Yellow Perch (53) ● 15 Fish Daily Harvest Limit ● Closed May 1 through June 15 Large or Smallmouth Bass (14) ● 21" Minimum Length Limit ● 1 Fish Daily Harvest Limit Lake Whitefish and Round Whitefish 12 Fish (in the aggregate) Daily Harvest ● Limit
Lake Milliken, Des Plaines Conservation Area Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Catch and Release Fishing Only Trout ● Spring Closed Season (11)
Lake Mingo & Kennekuk Cove Park Ponds, Vermilion County Conservation Area Vermilion County All Fish ● 2 Pole and Line Fishing Only (1) (44) Bluegill or Redear Sunfish (14) ● 20 Fish Daily Harvest Limit with no more than 5 Fish > 8" Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 1 Fish > 15" and 2 Fish < 15" (25) ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 36" Minimum Length Limit (40) White, Black, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 15 Fish Daily Harvest Limit
Lake Murphysboro, Lake Murphysboro State Park Jackson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 3 Fish Daily Harvest Limit
Lake Nellie, City of St. Elmo Fayette County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 3 Fish Daily Harvest Limit ● 14" Minimum Length Limit
ILLINOIS REGISTER 3984 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Lake of the Woods & Elk's Pond, Champaign County Forest Preserve District Champaign County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● No more than 5 Fish ≥ 7" permitted; unlimited Daily Harvest for Fish ˂ 7" Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)
Lake Opeka Cook County
All Fish ● 2 Pole and Line Fishing Only (1) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Bluegill, Pumpkinseed, or Hybrid ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Lake Owen, Hazel Crest Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Lake Paradise, City of Mattoon Coles County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Lake Sara, City of Effingham Effingham County Large or Smallmouth Bass ● Protected Slot Length Limit of 15-18" ● 6 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
ILLINOIS REGISTER 3985 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Lake Shelbyville (21), U.S. Army Corps of Engineers Moultrie/Shelby Counties Recreational Use Restrictions ● During the regular waterfowl season, no bank or boat fishing shall be permitted on the Kaskaskia River from the Strickland Boat Access north to the Illinois Central Railroad Bridge from one-half hour before sunrise to 1 p.m. ● All live bait > 8" must be rigged with a quick set rig (43) Large or Smallmouth Bass ● 14" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit (40) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit with only 5 Fish < 10" and 10 Fish ≥ 10" permitted
Lake Shelbyville – U.S. Army Corps of Engineers Project Ponds (except Woods Lake), and Lake Shelbyville State Fish and Wildlife Management Area Ponds (33) Moultrie/Shelby Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit with only 5 Fish < 10" and 10 Fish ≥ 10" permitted
Lake Shermerville, Northbrook Park District Cook County All Fish ● 2 Pole and Line Fishing Only Bluegill and Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Lake Sinnissippi (33) Whiteside County
Lake Springfield, City of Springfield Sangamon County
ILLINOIS REGISTER 3986 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
All Fish ● 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit ● 10" Minimum Length Limit
Lake Storey, City of Galesburg Knox County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Bluegill and Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel or Blue Catfish (14) ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit of 12-18" ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye (14) ● 3 Fish Daily Harvest Limit
Lake Strini, Village of Romeoville Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)
Lake Sule, Flagg-Rochelle Park District Ogle County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 5 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit Pure Muskellunge ● 36" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit
Lake Taylorville, City of Taylorville Christian County Large or Smallmouth Bass ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more
ILLINOIS REGISTER 3987 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
than 10 Fish ≥ 10"
Lake Vandalia, City of Vandalia Fayette County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit
Lake Vermilion, Vermilion County Conservation District Vermilion County All Fish ● 2 Pole and Line Fishing Only (1) (26) (except that sport fishermen may take carp, carpsuckers, buffalo, gar, bowfin, and suckers by pitchfork, gigs, bow and
arrow or bow and arrow devices north of Boiling Springs Road, but not within 300 feet around the wetland boardwalk) Large or Smallmouth Bass ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit for Fish ˂ 10"; 10 Fish Daily Harvest Limit for Fish ≥ 10" (23)
Lake Victoria, City of South Beloit Winnebago County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Lake Williamsville, City of Williamsville Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
LaSalle Lake, LaSalle Lake State Fish and Wildlife Area LaSalle County Recreational Use Restrictions ●
ILLINOIS REGISTER 3988 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Waterfowl refuge or hunting area; site
regulations apply All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 18" Minimum Length Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Harvest Limit with no more than (16) 3 Fish ≥ 17" Daily Harvest (17)
Levings Lake, Rockford Park District Winnebago County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Lincoln Log Cabin Pond, Lincoln Log Cabin Historical Site Coles County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Lincoln Park North Lagoon, Chicago Park District Cook County All Fish ● Closed to Fishing
Lincoln Park South Lagoon, Chicago Park District Cook County All Fish ● Closed to Fishing
Lincoln Trail Lake, Lincoln Trail State Park Clark County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with 1 Fish ≥ 18" and/or 3 Fish < 14" or all 4 Fish may be < 14" ● 4 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
ILLINOIS REGISTER 3989 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Litchfield City Lake, City of Litchfield Montgomery County Large or Smallmouth Bass (14) ● 3 Fish Daily Harvest Limit with 1 Fish ≥ 15" and 2 Fish < 15" (25) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Little Casters Pond, Boone County Conservation District Boone County All Fish 2 Pole and Line Fishing Only Channel Catfish 6 Fish Daily Harvest Limit Large or Smallmouth Bass 14" Minimum Length Limit 1 Fish Daily Harvest Limit
Loami Reservoir, City of Loami Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Mackinaw Ponds 1 and 2, Mackinaw State Fish and Wildlife Area Tazewell County Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Macon County Conservation District Ponds (see also Rock Springs Pond and Rock Springs Bike Trail Pond), Macon County Conservation District Macon County All Fish ● 2 Pole and Line Fishing Only (1)
Maple Lake, Cook County Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
ILLINOIS REGISTER 3990 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Marine Heritage Lake, Village of Marine Madison County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Marissa City Lake, City of Marissa St. Clair County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Marquette Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
Marshall County Conservation Area (Fishing Ditch), Marshall County Conservation Area (33) Marshall County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 6 Fish Daily Harvest Limit ● 12" Minimum Length Limit
Marshall County Conservation Area – Sparland Unit (33) Marshall County
Mascoutah Reservoir, City of Mascoutah St. Clair County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Matthiessen Lake, Matthiessen State Park LaSalle County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit
ILLINOIS REGISTER 3991 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Channel Catfish ● 6 Fish Daily Harvest limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Mautino State Fish and Wildlife Area Bureau County All Fish ● 2 Pole and Line Fishing Only (1) (34) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Mauvaise Terre/Morgan Lake, City of Jacksonville Morgan County All Fish 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Fall Closed Season (10) ● No Harvest with Hook and Line. Catch and Release Fly Fishing Permitted (9) ● Spring Closed Season (11) ● No Harvest with Hook and Line; Catch and Release Fly Fishing Permitted (9)
Mazonia Lakes & Ponds (excluding Ponderosa Lake), Mazonia State Fish and Wildlife Area (33) Grundy/Kankakee/Will Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit
McCullom Lake, City of McHenry McHenry County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
ILLINOIS REGISTER 3992 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
McKinley Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
McLeansboro City Lakes, City of McLeansboro Hamilton County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Mechanicsburg Park Pond, City of Mechanicsburg Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Meredosia Lake – Cass County Portion Only (meandered waters only) (33) Cass County
Meredosia Lake, Cass County Portion Cass County Recreational Use Restrictions ● Meandered waters only; All boat traffic is prohibited from operating on meandered waters (except non-motorized boats may be used to assist in the retrieval of waterfowl shot from private land) from the period from one week before waterfowl season opens until the season closes; hunting and/or any other activity is prohibited during the period from one week before waterfowl season opens until the season closes
Mermet State Lake, Mermet Lake Conservation Area (33) Massac County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit
ILLINOIS REGISTER 3993 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Large or Smallmouth Bass ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
Middle Fork Forest Preserve Pond, Champaign County Forest Preserve Champaign County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Middle Fork of the Vermilion River, Kickapoo State Park and Middle Fork Fish and Wildlife Area Vermilion County All Fish ● 2 Pole and Line Fishing Only (1)
Mill Creek Lake, Clark County Park District Clark County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 4 Fish < 15" and 1 Fishfish ≥ 15" Dailydaily ● 5 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit, of which only 2 Fishfish can be 12" or longer
Mill Race Ponds, Belvidere Park District Boone County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)
Miller Park Lake, Bloomington Park District McLean County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit
ILLINOIS REGISTER 3994 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)
Mineral Springs Park Lagoon, City of Pekin Tazewell County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)
Mississippi River Pools 16, 17, 18, 21, 22, 24 (33) Multiple Counties
Mississippi River Pools 25 and 26 (19) Multiple Counties
Mississippi River (between IL & IA), State of Illinois Multiple Counties Recreational Use Restrictions ● Any tagged sport fishing device may not be left unattended for more than 24 hours
or must be completely removed ● Maximum treble hook size is 5/0; gaffs may not be used to land paddlefish ● Spring Lake in Carroll County is closed to fishing during the 7 days prior to the regular duck season and during the regular duck and Canada goose season except in areas posted as open to fishing
All Fish ● Sport fishermen must not use more than 2 poles and each pole must not have more
than 2 hooks or lures while trolling Bluegill or Pumpkinseed Sunfish ● 25 Fish Daily Harvest Limit singly or in the aggregate Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 5 Fish Daily Harvest Limit Northern Pike ● 5 Fish Daily Harvest Limit Paddlefish ● Snagging for paddlefish is permitted from ½ hour before sunrise to ½ hour after
sunset daily, March 1 through April 15
ILLINOIS REGISTER 3995 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
within a 500 yard downstream limit below locks and dams on the Mississippi River between Illinois and Iowa; Daily Harvest Limit is 2 fish; the maximum length limit for paddlefish taken from the Mississippi River between Illinois and Iowa is 33" eye-to-fork length (all paddlefish ≥ to 33" must be immediately released back to the Mississippi River); no sorting allowed; once the daily limit of paddlefish has been reached, snagging must cease Rock Bass ● 25 Fish Daily Harvest Limit Striped, White, Yellow or Hybrid ● 25 Fish Daily Harvest Limit singly or in Striped Bass the aggregate – statewide regulation limiting Daily Harvest to 3 fish ≥ 17" is
not in effect on the Mississippi River between Illinois and Iowa Walleye and Sauger (14) ● 6 Fish Daily Harvest Limit with no more than 1 Walleye ≥ 27" in total length Walleye ● 15" Minimum Length Limit with no possession of Fish ≥ 20" and < 27"
Protected Slot Length Limit (24) White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit singly or in the aggregate Yellow Perch ● 25 Fish Daily Harvest Limit
Mississippi River (between IL & MO), State of Illinois Multiple Counties Recreational Use Restrictions ● Boating prohibited on refuge area (Ellis Bay) immediately upstream of Melvin Price Lock and Dam 26 overflow dike from October 15-April 15 ● Any tagged sport fishing device may not be left unattended for more than 24 hours or must be completely removed All Nongame Species Combined ● 100 Total Fish Daily Harvest Limit (Excludes endangered and threatened species and the following game species: Crappie,
ILLINOIS REGISTER 3996 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Channel/Blue/Flathead Catfish, Rock Bass, Warmouth, White/Yellow/Striped/Hybrid Striped Bass, Trout, Largemouth/Smallmouth/Spotted Bass, Muskellunge, Northern Pike, Chain/Grass Pickerel, Walleye, Sauger, Paddlefish) Channel or Blue Catfish (14) ● 20 Fish Daily Harvest Limit Flathead Catfish ● 10 Fish Daily Harvest Limit Largemouth, Smallmouth, Spotted ● 12" Minimum Length Limit or Bass Northern Pike ● 1 Fish Daily Harvest Limit Paddlefish ● 24" Eye-to-Fork Minimum Length Limit ● Snagging for paddlefish is permitted from September 15 through December 15 and March 15 through May 15 within a 300 yard downstream limit below locks and dams on the Mississippi River between Illinois and Missouri except for the Chain of Rocks low water dam at Chouteau Island, also known as Dam 27 at the Chain of Rocks (Madison County) where no snagging is permitted; Daily Harvest Limit is 2 fish; sorting is permitted; every paddlefish ≥ 24" in eye-to-fork length must be taken into immediate possession and included in the Daily Harvest Limit; paddlefish < 24" eye to fork length must be returned immediately to the water; once the daily limit of paddlefish has been reached, snagging must cease Striped, White, Yellow or Hybrid ● 30 Fish Daily Harvest Limit singly or in Striped Bass the aggregate – statewide regulation limiting daily harvest to 3 fish ≥ 17" is not in effect on the Mississippi River between Illinois and Missouri Walleye and Sauger (14) ● 6 Fish Daily Harvest Limit ● 14" Minimum Length Limit
ILLINOIS REGISTER 3997 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
White, Black, or Hybrid Crappie (15) ● 30 Fish Daily Harvest Limit
Monee Reservoir, Will County Forest Preserve District Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Montrose Lake, City of Montrose Cumberland County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Bluegill and Redear Sunfish ● 15 Fish, singly or in the aggregate, Daily Harvest Limit
Mt. Olive City Lakes (Old and New), City of Mt. Olive Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Mt. Pulaski Park District Lake, Mt. Pulaski Park District Logan County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Mt. Sterling Lake, City of Mt. Sterling Brown County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with no possession of Fish < 15" and ≥ 12" (3)
ILLINOIS REGISTER 3998 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Mt. Vernon City Park Lake, City of Mt. Vernon Jefferson County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Mt. Vernon Game Farm Pond, Mt. Vernon Game Farm Jefferson County All Fish ● 2 Pole and Line Fishing Only (1) Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Mundelein Park District Ponds, City of Mundelein Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Nashville City Lake, City of Nashville Washington County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Newton Lake, Newton Lake State Fish and Wildlife Area (41) (33) Jasper County Recreational Use Restrictions ● The cold water arm of Newton Lake shall be closed daily from one-half hour before sunrise until 1:00 p.m. to all fishing and boat traffic except for legal waterfowl hunters during waterfowl season
commencing with regular duck season through the close of the Canada goose and regular duck season; fishing tournaments prohibited from June 1 through August 31 ● Lake closed to fishing during firearm deer
ILLINOIS REGISTER 3999 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
seasons All Fish ● 2 Pole and Line Fishing Only (1) (5) ● Closed for Regular Shotgun Deer Season Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit ● 10" Minimum Length Limit
Norris City Reservoir, City of Norris City White County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Oakland City Lake, City of Oakland Coles County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Oblong Lake, City of Oblong Crawford County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Ohio River (between IL & KY), State of Illinois Multiple Counties Large or Smallmouth Bass ● 12" Minimum Length Limit Northern Pike ● No Minimum Length Limit ● No Daily Harvest Limit Muskie or Tiger Muskie ● 1 Fish Daily Harvest Limit ● 36" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 6 Fish Daily Harvest Limit (14) ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 30 Fish Daily Harvest Limit ●
ILLINOIS REGISTER 4000 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
30 Fish Daily Harvest Limit, singly or in Striped, White, Yellow or Hybrid the aggregate, of which no more than 4 Striped Bass Fish ≥ 15" Daily (32)
Ohio River (between IL & KY), State of Illinois and Wabash River, various counties (between IL and IN) Channel Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 28" ● No Daily Harvest Limit for Fish ≥ 13" and ˂ 28" ● No harvest < 13" Blue and Flathead Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 35" ● No Daily Harvest Limit for Fish ≥ 13" and ˂ 35" ● No harvest < 13"
Ohio River – Smithland Pool Tributary Streams (in Pope/Hardin/Gallatin Counties, excluding Wabash River and Saline River Above Route 1 Bridge) Multiple Counties Large or Smallmouth Bass ● 12" Minimum Length Limit
Old Kinmundy Reservoir, City of Kinmundy Marion County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Olsen Lake, Rock Cut State Park Winnebago County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Omaha City Reservoir, City of Omaha Gallatin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
ILLINOIS REGISTER 4001 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Omaha Township Reservoir, City of Omaha Gallatin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Otter Lake, Otter Lake Water Commission Macoupin County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Daily Harvest, singly or in the (16) aggregate, of which only 3 Fish may be ≥ 17" (17) Pure Muskellunge ● 48" Minimum Length Limit (40)
Palmissano Pond (Stern's Park Quarry), Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) ● Catch and Release Fishing Only (9)
Palmyra – Modesto Water Commission Lake, Palmyra/Modesto Water Commission Macoupin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Pana Lake, City of Pana Shelby and Christian Counties Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit
ILLINOIS REGISTER 4002 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● 1 Fish Daily Harvest Limit
Paris East & West Lakes, City of Paris Edgar County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Peabody River King, Pit #3 Lakes and Ponds, River King State Conservation Area (see also Willow Lake for additional regulations) St Clair County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit ● 9" Minimum Length Limit
Pecatonica River and Tributaries, State of Illinois Winnebago/Stephenson Counties Smallmouth Bass ● 14" Minimum Length Limit
Perry Farm Pond, Bourbonnais Park District Kankakee County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Piasa (19) Madison/Jersey Counties
Pierce Lake, Rock Cut State Park Winnebago County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (7) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit (40)
ILLINOIS REGISTER 4003 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
Pinckneyville Lake, City of Pinckneyville Perry County Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Pine Creek (within the boundaries of White Pines Forest State Park) Ogle County All Fish ● 2 Pole and Line Fishing Only (1) Smallmouth Bass ● 14" Minimum Length Limit Trout ● Spring Closed Season (11) ● No harvest with Hook and Line; Catch and Release Fly Fishing Permittedpermitted (9) ● Fall Closed Season (10) ● No harvest with Hook and Line; Catch and Release Fly Fishing Permittedpermitted (9)
Piscasaw Creek McHenry County Smallmouth Bass ● 14" Minimum Length Limit Trout ● Spring Closed Season (11)
Pittsfield City Lake, City of Pittsfield Pike County All Fish ● 2 Pole and Line Fishing Only (1) (7) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length (16) ● 3 Fish Daily Harvest Limit
Pocahontas Park Ponds, City of Pocahontas Bond County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth Bass ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Ponderosa Lake, Mazonia State Fish and Wildlife Area (33)
ILLINOIS REGISTER 4004 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Kankakee County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit
Powerton Lake, Powerton Lake Fish and Wildlife Area (39) Tazewell County Recreational Use Restrictions ● Powerton Lake shall be closed to boat traffic except for legal waterfowl hunters from one week prior to regular waterfowl season to February 15, and closed to all unauthorized entry during regular Canada goose and duck season All Fish ● 2 Pole and Line Fishing Only (1) Blue Channel or Flathead Catfish ● 6 Fish Daily Harvest Limit, singly or in the aggregate, with no more than 1 fish ≥ 35" Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 10 Fish Daily Harvest Limit, singly or in (16) the aggregate, with no more than 3 Fish ≥ 17" (17) Walleye, Sauger, or Hybrid Walleye ● 3 Fish Daily Harvest Limit (14) ● 18" Minimum Length Limit
Prospect Pond, City of Moline Rock Island County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Pyramid State Park – Blue Wing Lake, Green Wing Lake, and Goldeneye Lake and Mallard Lake, Pyramid State Park Perry County
ILLINOIS REGISTER 4005 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Recreational Use Restrictions ● Waterfowl Hunting Area (from November 1 through the last day in February, fishing is permitted in designated areas only, and fishing hours are from ½ hour before sunrise to 2 p.m.) ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with 1 Fish ≥ 18" and/or 5 fish < 14" (38)
Pure Muskellunge ● 48" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
Pyramid State Park – Captain, Denmark, Galum and East Conant Areas – All Lakes and Ponds except Blue Wing Lake, Green Wing Lake and Goldeneye Lake, Pyramid State Park Perry County Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area (all use other than waterfowl hunting prohibited from November 1 through the last day in February) ● All live bait > 8 inches must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ 18" and/or 5 Fish < 14" (38) Pure Muskellunge ● 48" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit
Pyramid State Park Lakes & Ponds (excluding Captain, Denmark, Galum and East Conant Areas), Pyramid State Park Perry County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit
ILLINOIS REGISTER 4006 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ to 18" and/or 5 Fish < 14" (38)
Raccoon Lake, City of Centralia Marion County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Ramsey Lake, Ramsey Lake State Park Fayette County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit ● 9" Minimum Length Limit
Ramsey Lake State Park Ponds, Ramsey Lake State Park Fayette County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Randolph County Lake, Randolph County Conservation Area Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 3 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)
Red Hills Lake, Red Hills State Park Lawrence County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Red's Landing Wildlife Management Area (19)
ILLINOIS REGISTER 4007 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Calhoun County (Access to walk-in area closed 7 days prior to duck season)
Redwing Slough/Deer Lake (33) Lake County
Rend Lake, U.S. Army Corps of Engineers (22) (33) Franklin and Jefferson Counties Channel Catfish ● All jugs must be attended at all times while fishing (2) Large or Smallmouth Bass ● 14" Minimum Length Limit Striped, White, Yellow or Hybrid ● 20 Fish Daily Harvest Limit, singly or in Striped Bass (8) the aggregate, with no more than 3 Fish ≥ 17" White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit, singly or in the aggregate, with no more than 10 Fish ≥ 10"
Rend Lake Project Ponds – Jackie Branch Pond, Ina N. Borrow Pit, Green Heron Pond, North Marcum Campground Pond, U.S. Army Corps of Engineers Franklin and Jefferson Counties All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Rice Lake State Fish and Wildlife Area (33) (34) Fulton County Large or Smallmouth Bass 12" Minimum Length Limit 6 Fish Daily Harvest Limit
Ridge Lake, Fox Ridge State Park Coles County All Fish ● 2 Pole and Line Fishing Only (1) (27) Channel Catfish ● 14" Minimum Length Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Riis Park Lagoon, Chicago Park District
ILLINOIS REGISTER 4008 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
Riprap Landing (19) Calhoun County
River Bend Forest Preserve Lakes (Sunset Lake and Shadow Lake), Champaign County Forest Preserve District Champaign County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 1 Fish ≥ 15" and 2 Fish < 15" (25) ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 10 Fish Daily Harvest Limit
Riverside Park Lagoon, Moline Park District Rock Island County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Rochester Park Pond, City of Rochester Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Rock Creek, State of Illinois Kankakee County All Fish ● 2 Pole and Line Fishing Only (1) Trout ● Spring Closed Season (11) ● No Harvest with Hook and Line; Catch and Release Fly Fishing Permittedpermitted (9) ● Fall Closed Season (10)
ILLINOIS REGISTER 4009 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● No Harvest with Hook and Line; Catch and Release Fly Fishing Permittedpermitted (9)
Rock River, from the Sears and Steel Dam downstream to confluence of the Mississippi River, State of Illinois Rock Island County Walleye ● 15" Minimum Length Limit with a 20-27" Protected Slot Length Limit (24) Walleye and Sauger (14) ● 6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 27"
Rock River, Wisconsin State Line downstream to confluence of the Mississippi River, including tributaries, State of Illinois Multiple Counties Smallmouth Bass ● 14" Minimum Length Limit
Rock Springs Bike Trail Pond, Macon County Conservation District Macon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Rock Springs Pond, Macon County Conservation District Macon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)
Roodhouse Park Lake, City of Roodhouse Green County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Route 6 Quarries (East and West), Will County Forest Preserve District Will County
ILLINOIS REGISTER 4010 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Route 154 Day Use Pond, State of Illinois Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Sag Quarry East, Cook County Forest Preserve District Cook County Bluegill, Redear, or Pumpkinseed) ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Spring Closed Season (11) White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Sahara Woods State Fish and Wildlife Area, State of Illinois Saline County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Salem Reservoir, City of Salem Marion County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Sam Dale Lake, Sam Dale Conservation Area Wayne County
ILLINOIS REGISTER 4011 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit
Sam Dale Trout Pond, Sam Dale Conservation Area Wayne County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Sam Parr Lake, Sam Parr State Park Jasper County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Sand Lake, Illinois Beach State Park Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Sanganois State Conservation Area (33) (42) Mason/Cass/Schuyler/Menard Counties Large or Smallmouth Bass ● 12" Minimum Length Limit
Sangchris Lake, Sangchris Lake State Park Christian/Sangamon Counties Recreational Use Restrictions ● Posted waterfowl refuge closed to all boat traffic during waterfowl season. Bank
fishing along the dam shall be permitted.
ILLINOIS REGISTER 4012 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
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. 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 (41) All Fish ● 2 Pole and Line Fishing Only (1) (45) Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit ● 10" Minimum Length Limit
Schiller Pond, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)
Schuy-Rush Lake, City of Rushville Schuyler County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"
Sesser City Lake, City of Sesser Franklin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
ILLINOIS REGISTER 4013 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Shabbona Lake, Shabbona Lake State Park DeKalb County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) ● No sport fishing below dam to fence All Fish ● 2 Pole and Line Fishing Only (1) (48) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 14" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit (40) Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 10 Fish Daily Harvest Limit
Shawnee National Forest − Lakes and Ponds less than 10 acres, U.S. Forest Service Multiple Counties All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass
Shawnee National Forest – Bay Creek Lake #5 and #8 (Sugar Creek Lake), U.S. Forest Service Pope County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth and Spotted ● 15" Minimum Length Limit Bass
Shawnee National Forest – Dutchman Lake, U.S. Forest Service Johnson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass
Shawnee National Forest – Lake Glendale, U.S. Forest Service
ILLINOIS REGISTER 4014 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Pope County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass
Shawnee National Forest – Little Cache #1, U.S. Forest Service Johnson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth or Smallmouth Bass ● 15" Minimum Length Limit
Shawnee National Forest – One Horse Gap Lake, U.S. Forest Service Pope County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass
Shawnee National Forest – Pounds Hollow Lake, U.S. Forest Service Gallatin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass
Shawnee National Forest – Tecumseh Lake, U.S. Forest Service Hardin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass
Shawnee National Forest – Turkey Bayou, U.S. Forest Service Jackson County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass
ILLINOIS REGISTER 4015 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Shawnee National Forest – Whoopie Cat Lake, U.S. Forest Service Hardin Counties All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass
Sherman Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
Siloam Springs Lake, Siloam Springs State Park Adams County All Fish ● 2 Pole and Line Fishing Only (1) (7) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with no possession of fish < 15" or ≥ 12" (3) Trout ● Fall Closed Season (10) ● No harvest with Hook and Line, Catch and Release Fly Fishing Permittedis permitted
(9) ● Spring Closed Season (11) ● No harvest with Hook and Line, Catch and Release Fly Fishing Permittedis permitted
(9)
Siloam Springs State Park − Buckhorn Unit Waters, Siloam Springs State Park Brown County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 8" Minimum Length Limit ● 10 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Silver Lake, City of Highland Madison County
ILLINOIS REGISTER 4016 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Silver Springs State Park – Big Lake & Ponds, Silver Springs State Fish and Wildlife Area Kendall County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Skokie Lagoons (including Skokie Lagoons Spillway and Skokie River Downstream to Willow Road), Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit
Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Snakeden Hollow State Fish and Wildlife Area – McMaster Lake & Other Site Waters, State of Illinois Knox County Recreational Use Restrictions ● Waterfowl Refuge or Hunting Area (all use other than waterfowl hunting prohibited from 14 days prior to duck season through the end of the central zone Canada goose season) ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit of 14-18"
● 3 Fish Daily Harvest Limit
ILLINOIS REGISTER 4017 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Pure Muskellunge ● 1 Fish ≥ 36" but < 42", or 1 fish ≥ 48" in total length (52) ● 1 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye ● 3 Fish Daily Harvest Limit (14) White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"
Southwind Pond, Springfield Park District Sangamon County Trout ● Spring Closed Season (11) ● Fall Closed Season (10)
Sparta New City Reservoir (North), City of Sparta Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Sparta Old City Reservoir (South), City of Sparta Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Sparta "T" Lake, City of Sparta Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 8" Minimum Length Limit ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 10 Fish Daily Harvest Limit
Sparta World Shooting and Recreational Complex − Derby Lake, State of Illinois Randolph County
ILLINOIS REGISTER 4018 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
All Fish ● 2 Pole and Line Fishing Only (1)(5) Bluegill and Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large and Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10" Minimum Length Limit ● 10 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Sparta World Shooting and Recreational Complex Lakes, State of Illinois Randolph County All Fish ● 2 Pole and Line Fishing Only (1)(5) Bluegill and Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large and Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 10" Minimum Length Limit ● 10 Fish Daily Harvest Limit
Sportsmans' Club Pond, Macon County Conservation District Macon County All Fish ● 2 Pole and Line Fishing Only (1) Trout ● Spring Closed Season (11)
Spring Grove Hatchery Pond, City of Spring Grove McHenry County Trout ● Fall Closed Season (10)
Spring Lake, City of Macomb McDonough County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish or Blue Catfish (14) ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length limit ● 1 Fish Daily Harvest Limit
ILLINOIS REGISTER 4019 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit Walleye ● 18" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Spring Lakes (North & South), Spring Lake Conservation Area (33) Tazewell County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit; 12-18" ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 42" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"
Spring Pond, Flagg-Rochelle Park District Ogle County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Starved Rock State Park (33) LaSalle County
Staunton City Lake, City of Staunton Macoupin County Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit Pure Muskellunge ● 36" Minimum Length Limit
Sterling Lake, Lake County Forest Preserve District Lake County
ILLINOIS REGISTER 4020 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Recreational Use Restrictions ● All live bait > 8" must be rigged with a quick set rig (43) All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit Pure Muskellunge ● 48" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 16" Minimum Length Limit
Storm Lake, DeKalb Park District DeKalb County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Stump Lake State Wildlife Management Area (19) Jersey County
Tampier Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye ● 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Taylorville Park District Pond, Taylorville Park District Christian County All Fish ● 2 Pole and Line Fishing Only (1) Trout ● Spring Closed Season (11) ● Fall Closed Season (10)
Ten Mile Creek Lakes, Ten Mile Creek State Fish and Wildlife Area Hamilton/Jefferson Counties (Areas designated as waterfowl rest areas are closed to all access during the Canada goose season only)
ILLINOIS REGISTER 4021 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 3 Fish Daily Harvest Limit
Three Oaks North and South Lakes, City of Crystal Lake McHenry County All Fish ● 2 Pole and Line Fishing Only (1) ● Catch and Release Fishing Only (9)
Tilton City Lake, City of Tilton Vermilion County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Toledo Reservoir, City of Toledo Cumberland County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with 1 Fish ≥ 15" and 2 Fish < 12" ● 3 Fish Daily Harvest Limit
Tower Lake (St. Elmo South Lake), City of St. Elmo Fayette County All Fish 2 Pole and Line Fishing Only (1) Channel Catfish 6 Fish Daily Harvest Limit Large or Smallmouth Bass 14" Minimum Length Limit
Tri-Township Park Pond, City of Troy Madison County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 10 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
ILLINOIS REGISTER 4022 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Turkey Bluff Ponds, State of Illinois Randolph County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large and Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Turner Lake, Chain O'Lakes State Park Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 1 Fish Daily Harvest Limit ● 15" Minimum Length Limit
Turtle Lake (East Lake Renwick), Will County Forest Preserve District Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit
Tuscola City Lake, City of Tuscola Douglas County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Union County State Fish and Wildlife Area – All lakes and ponds Union County (All fishing and boat traffic prohibited from October 15 through the last day of February) All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit
Valley Lake, Wildwood Park District Lake County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit
ILLINOIS REGISTER 4023 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● 3 Fish Daily Harvest Limit
Valmeyer Lake, City of Valmeyer Monroe County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Vandalia Lake, City of Vandalia Fayette County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Striped, White, or Hybrid Bass (16) ● 17" Minimum Length Limit ● 3 Fish Daily Harvest Limit
Vanhorn Woods Pond, Plainfield Park District Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)
Vernor Lake, City of Olney Richland County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Villa Grove East Lake, City of Villa Grove Douglas County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit
Villa Grove West Lake, City of Villa Grove Douglas County
ILLINOIS REGISTER 4024 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 1 Fish Daily Harvest Limit Trout ● Fall Closed Season (10)
Wabash River, various counties (between IL and IN) and Ohio River (between IL & KY), State of Illinois Multiple Counties Channel Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 28" ● No Daily Harvest Limit for Fish ≥ 13" and ˂ 28" ● No harvest < 13" Blue and Flathead Catfish ● 1 Fish Daily Harvest Limit for Fish ≥ 35" ● No Daily Harvest Limit for Fish ≥ 13" and ˂ 35" ● No harvest < 13"
Waddams Creek Stephenson County Trout ● Spring Closed Season (11)
Walnut Point Lake, Walnut Point State Fish and Wildlife Area Douglas County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 20 Fish, either singly or in aggregate, Daily Harvest Limit, of which only 5 Fish may be ≥ 8" Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with no possession of Fish < 15" or ≥ 12" (3)
Walton Park Lake, City of Litchfield Montgomery County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit
ILLINOIS REGISTER 4025 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● 3 Fish Daily Harvest Limit
Wampum Lake, Cook County Forest Preserve District Cook County All Fish ● 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed ● 15 Fish Daily Harvest Limit Sunfish (14) Large or Smallmouth Bass ● 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) ● 15 Fish Daily Harvest Limit
Washington County Lake, Washington County Conservation Area Washington County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● Protected Slot Length Limit with 1 Fish ≥ 18" and 2 Fish < 14" Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit
Washington Park Lagoon, Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 4 Fish Daily Harvest Limit
Washington Park Pond, Springfield Park District Sangamon County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Watseka City Ponds (Clements Pond, Kapers Pond and Municipal Center Pond), City of Watseka Iroquois County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 9" Minimum Length Limit ● 10 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit
ILLINOIS REGISTER 4026 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● 3 Fish Daily Harvest Limit
Waverly Lake, City of Waverly Morgan County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 15" Minimum Length Limit
Weinberg-King Pond, Weinberg-King State Park Schuyler County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit
Weldon Springs Lake, Weldon Springs State Park DeWitt County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Walleye, Sauger, and Hybrid Walleye ● 3 Fish Daily Harvest Limit ● 15" Minimum Length Limit with no more than 1 Fish ≥ 20" Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
West Frankfort New City Lake, City of West Frankfort Franklin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
West Frankfort Old City Lake, City of West Frankfort Franklin County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit
ILLINOIS REGISTER 4027 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
West Salem Reservoir, City of West Salem Edwards County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit
Whalon Lake, Forest Preserve District of Will County Will County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 15 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit Walleye, Sauger, or Hybrid Walleye ● 16" Minimum Length Limit ● 3 Fish Daily Harvest Limit
White Hall City Lake, City of White Hall Greene County All Fish ● 2 Pole and Line Fishing Only (1) (5) Channel Catfish ● 6 Fish Daily Harvest Limit
Wilderness Pond, Fox Ridge State Park Coles County All Fish ● 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) ● 5 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit ● 1 Fish Daily Harvest Limit
William W. Powers State Conservation Area (33) Cook County Trout ● Fall Closed Season (10) ● Spring Closed Season (11)
Willow Lake, Peabody River King State Conservation Area St. Clair County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit
ILLINOIS REGISTER 4028 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit ● 9" Minimum Length Limit Trout ● Fall Closed Season (10) ● No Harvest with Hook and Line. Catch and Release Fly Fishing Permittedpermitted. (9) ● Spring Closed Season (11) ● No Harvest with Hook and Line. Catch and Release Fly Fishing Permittedpermitted. (9)
Wolf Lake, William W. Powers Conservation Area (33) Cook County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass ● 14" Minimum Length Limit Trout ● Spring Closed Season (11) ● Fall Closed Season (10)
Woodford Co. Cons. Area (Fishing Ditch), Woodford County Conservation Area (33) Woodford County All Fish ● 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) ● 6 Fish Daily Harvest Limit ● 12" Minimum Length Limit
Woodlawn Pond, Frankfort Square Park District Will County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit
Woods Lake, U.S. Army Corps of Engineers Moultrie County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Striped, White, or Hybrid Striped Bass ● Catch and Release Only (16)
ILLINOIS REGISTER 4029 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ 18" and 2 Fish < 14" Bluegill and Readear Sunfish ● 15 Fish, either singly or in the aggregate, Daily Harvest Limit, of which only 5 Fish may be ≥ 8" White, Black, or Hybrid Crappie ● 15 Fish Daily Harvest Limit with only 5 Fish < 10" and 10 Fish ≥ 10"
Wyman Lake, City of Sullivan Moultrie County All Fish ● 2 Pole and Line Fishing Only (1) Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 1 Fish Daily Harvest Limit Trout ● Spring Closed Season (11)
Yellow Creek Stephenson County Trout ● Spring Closed Season (11)
(Source: Amended at 44 Ill. Reg. 3916, effective February 26, 2020)
Section 810.70 Free Fishing Days
During the period of June 1914, 2015, 2116 and 2217, 20202019, it shall be legal for any person to fish in waters wholly or in part within the jurisdiction of the State, including the Illinois portion of Lake Michigan, without possessing a sport fishing license, salmon stamp or inland trout stamp.
(Source: Amended at 44 Ill. Reg. 3916, effective February 26, 2020)
ILLINOIS REGISTER 4030 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
1) Heading of the Part: Commercial Fishing and Musseling in Certain Waters of the State
2) Code Citation: 17 Ill. Adm. Code 830
3) Section Number: Adopted Action: 830.80 Amendment
4) 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].
5) Effective Date of Rule: February 26, 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 the Illinois Register: 43 Ill. Reg. 14050, December 6, 2019
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 update site- specific regulations.
16) Information and questions regarding this adopted rule shall be directed to:
ILLINOIS REGISTER 4031 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 4032 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 830 COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE
Section 830.5 Definitions 830.10 Waters Open to Commercial Harvest of Fish 830.11 Special Regulations for the Commercial Harvest of VHS-Susceptible Fish Species 830.12 Special Regulations for the Commercial Harvest of Bighead Carp, Silver Carp, Grass Carp and Black Carp 830.13 Special Regulations for the Commercial Harvest of Roe-Bearing Species 830.14 License Requirements 830.15 Waters Open to Commercial Harvest of Crayfish 830.20 Waters Open to Commercial Harvest of Mussels and Seasons 830.25 Daily Fee Fishing Area 830.30 Special Regulations 830.40 Devices 830.50 Permission 830.60 Species 830.70 Size and Creel Limit 830.80 Commercial Fishing and Musseling in Additional Waters 830.90 Revocation and Suspension of Commercial Fishing and Musseling Privileges, Hearings and Appeals and Reporting Requirements
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].
SOURCE: Adopted at 5 Ill. Reg. 6809, effective June 16, 1981; codified at 5 Ill. Reg. 10648; emergency amendment at 6 Ill. Reg. 6468, effective May 18, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 10680, effective August 20, 1982; amended at 7 Ill. Reg. 2707, effective March 2, 1983; amended at 10 Ill. Reg. 6926, effective April 15, 1986; amended at 11 Ill. Reg. 9513, effective May 5, 1987; amended at 12 Ill. Reg. 11714, effective June 30, 1988; amended at 15 Ill. Reg. 8544, effective May 24, 1991; amended at 16 Ill. Reg. 5257, effective March 20, 1992; amended at 17 Ill. Reg. 3177, effective March 2, 1993; emergency amendments at 18 Ill. Reg. 4671, effective March 14, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 9985, effective June 21, 1994; amended at 19 Ill. Reg. 5250, effective March 27, 1995; recodified by
ILLINOIS REGISTER 4033 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 21 Ill. Reg. 4700, effective April 1, 1997; amended at 22 Ill. Reg. 6697, effective March 30, 1998; amended at 24 Ill. Reg. 4945, effective March 13, 2000; amended at 29 Ill. Reg. 6277, effective April 25, 2005; amended at 31 Ill. Reg. 13187, effective August 30, 2007; amended at 34 Ill. Reg. 2938, effective February 19, 2010; emergency amendment at 34 Ill. Reg. 15884, effective October 1, 2010, for a maximum of 150 days; amended at 35 Ill. Reg. 4187, effective February 22, 2011; amended at 36 Ill. Reg. 11161, effective July 3, 2012; amended at 36 Ill. Reg. 12120, effective July 16, 2012; emergency amendment at 37 Ill. Reg. 19912, effective December 2, 2013, for a maximum of 150 days; amended at 38 Ill. Reg. 9043, effective April 14, 2014; amended at 39 Ill. Reg. 11034, effective July 22, 2015; amended at 39 Ill. Reg. 14581, effective October 20, 2015; amended at 41 Ill. Reg. 4819, effective April 18, 2017; amended at 43 Ill. Reg. 3524, effective February 27, 2019; amended at 44 Ill. Reg. 4030, effective February 26, 2020.
Section 830.80 Commercial Fishing and Musseling in Additional Waters
a) Additional public waters may be open to targeted commercial fishing or musseling by a Special Use Permit. Any licensed commercial fisherman or musseler who wishes to fish in any water not listed under Section 830.10, 830.20 or 830.80(i) must request permission from the Division of Fisheries. The Division will determine whether the fish, crayfish or mussel resource can support such activity and whether the activity is in the best interests of the general public. If so, the Department shall issue a Special Use Permit for targeted removal specifying the type of gear, season, species of fish, crayfish or mussel that shall be removed, and any other regulations as shall be necessary to protect the resource.
b) The standards for determining whether or not an additional fishery will be open to targeted commercial fishing or musseling shall include: a biological sampling of the commercial fish, crayfish or mussel population to determine the relative abundance of the species present; an assessment of the impact of commercial fishing or musseling gear on sport fish, crayfish or mussel populations; a determination of the potential impact of commercial fishing or musseling activities on other water-based recreation; a determination of whether the fish are safe for public consumption (U.S. Food and Drug Administration standards are followed (21 CFR 109.30 (2014)); and a fair and equitable allocation of commercial fishing or musseling opportunities.
ILLINOIS REGISTER 4034 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT c) For commercial musseling, in addition to the criteria listed in subsection (b), both of the specific criteria listed below must be met for areas to be open or remain open to commercial harvest of selected mussel species:
1) sub-legal to legal mussel (same species) ratio equal to or exceeding 2:1; and
2) catch rate (CPUE) of individual specimens of a given species, as measured by a timed diver sample equal to or exceeding 60 per hour. d) For commercial fishing, in addition to the criteria listed in subsection (b), the specific criteria that must be met for areas to be open or remain open to commercial harvest of selected fish includes: the results of a biological survey of the fish population present that indicates the total biomass of fish species listed in Section 830.60(a), with the exception of catfish, paddlefish and shovelnose sturgeon, is more than the combined biomass of the sport fishes listed in subsection (e). e) The following fishes shall be considered "sport fishes" for the purposes of determining whether a body of water meets the criteria established under subsection (d):
1) The following members of the sunfish family (Centrarchidae):
black crappie – Pomoxis nigromaculatus
bluegill – Lepomis macrochirus
largemouth bass – Micropterus salmoides
rock bass – Ambloplites rupestris
redear sunfish – Lepomis microlophus
smallmouth bass – Micropterus dolomieu
spotted bass – Micropterus punctulatus
white crappie – Pomoxis annularis
ILLINOIS REGISTER 4035 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
2) The following members of the catfish family (Ictaluridae):
blue catfish – Ictalurus furcatus
brown bullhead – Ameiurus nebulosus
black bullhead – Ameiurus melas
channel catfish – Ictalurus punctatus
flathead catfish – Pylodictis olivaris
yellow bullhead – Ameiurus natalis
3) The following members of the pike family (Esocidae):
muskellunge – Esox masquinongy
northern pike – Esox lucius
4) The following members of the perch family (Percidae):
sauger – Sander canadensis
walleye – Sander vitreus
yellow perch – Perca flavescens
5) The following members of the temperate bass family (Moronidae):
Striped bass – Morone saxatilis
Striped bass X white bass hybrid – M. Saxatilis X M. chrysops
White bass – Morone chrysops f) Commercial fishing or musseling Special Use Permits will not be issued:
ILLINOIS REGISTER 4036 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
1) for non-commercial purposes; or
2) if an individual has been found guilty of a violation of a State Fish and Aquatic Life Code law or this Part during the past 12 months. g) Commercial fishing Special Use Permits may be issued for private bodies of water at the request of the owner or his or her authorized agent, if all of the following conditions have been satisfied:
1) The body of water is completely encompassed by land that is owned by an individual, leased by a tenant residing upon it, or controlled by ownership or lease by a private club or association.
2) The commercial fisherman has obtained permission in writing from the owner, tenant or private club who controls the property and either:
A) None of the commercially-harvested fish are offered for barter or sale; or
B) If commercially-harvested fish are offered for barter or sale, it has been determined that either:
i) the fish are tested and found safe for public consumption (FDA standards are followed (21 CFR 109.30 (2004))); or
ii) the fish are sold to a market utilizing them for a product other than human consumption. h) Application procedures for targeted commercial fish removal Special Use Permits for the waters identified under subsections (i) and (j):
1) Illinois resident and non-resident commercial fishermen can submit an application for a Special Use Permit from June 1 through 15 of each year for any of the waters designated in subsection (i) or (j). Legally licensed Illinois resident commercial fishermen and non-resident commercial fishermen from states who share reciprocal waters (with commercial fishing reciprocal agreements, including the states of Iowa, Indiana, Missouri and Kentucky) who were issued a commercial fish removal Special Use Permit in the previous year for the water body to which they
ILLINOIS REGISTER 4037 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
are submitting an application and successfully harvested a minimum of 1,000 pounds of fish and abided by all provisions of the permit are eligible to obtain a Special Use Permit in the first computerized random drawing. In addition to the previously stated qualifications, to be eligible for this drawing, fishermen must provide the following information to the Department: name, current address, date of birth, choice of water body (see subsections (i) and (j)). If there are more applications than permits available, a computerized random drawing will be conducted on July 1 to allocate available permits.
2) Non-resident or resident commercial fishermen who did not obtain a permit in the first drawing or who desire an additional Special Use Permit can submit an application on July 1 through 15 of each year for any of the waters designated in subsection (i) or (j) for any remaining permits. If there are more applications than permits available, a drawing will be conducted on July 31 to allocate available permits.
3) Any permits remaining after the first two allocations will be issued on a first come-first served basis. i) The following water bodies will be open to commercial removal of selected fish species under a Special Use Permit to be allocated pursuant to subsection (h) and subject to subsection (d):
1) Rock River – divided into 6 sections with one Special Use Permit allocated per section
2) Rend Lake – maximum of 25 Special Use Permits
3) Carlyle Lake – maximum of 25 Special Use Permits
4) Mississippi River State Fish and Wildlife Area – maximum of 15 Special Use Permits
5) Anderson Lake State Fish and Wildlife Area – maximum of 15 Special Use Permits
6) Otter Creek in Green County (from the Route 100 crossing downstream to the Illinois River) – maximum of 2 Special Use Permits
ILLINOIS REGISTER 4038 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT
7) Macoupin Creek in Jersey and Green Counties (from the Reddish Ford Bridge downstream to the Illinois River) – maximum of 2 Special Use Permits
8) Quincy Bay – maximum of 3 Special Use Permits
9) Horseshoe Lake in Alexander County – Maximum of 5 Special Use Permits
10) Horseshoe Lake in Madison County – Maximum of 5 Special Use Permits
11) Taylorville City Lake – Maximum of 1 Special Use Permit
12) Clinton Lake – Maximum of 1 Special Use Permit
13) Rice Lake – Maximum of 15 Special Use Permits
14) Frank Holten State Park Lakes – Maximum of 1 Special Use Permit
15) LaMoine River – Maximum of 10 Special Use Permits
16) Spoon River – Maximum of 10 Special Use Permits
17) Washington County Lake – Maximum of 1 Special Use Permit
18) Mermet Lake – Maximum of 1 Special Use Permit
19) Powerton Lake – Maximum of 1 Special Use Permit
20) Lake Decatur – Maximum of 1 Special Use Permit
21) Bay Creek – Maximum of 2 Special Use Permits
22) Kiser Creek – Maximum of 2 Special Use Permits
23) Sweede Lake – Maximum of 2 Special Use Permits
ILLINOIS REGISTER 4039 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENT j) The following water bodies, all currently open to commercial fishing under Section 830.10, will be open to commercial removal of selected fish species with the use of trammel and gill nets under a Special Use Permit to be allocated pursuant to subsection (h) and subject to subsection (d):
1) Kaskaskia River – maximum of 20 Special Use Permits
2) Sangamon River – maximum of 15 Special Use Permits
3) Big Muddy River – maximum of 10 Special Use Permits
4) Saline River – maximum of 6 Special Use Permits k) For any U.S. Fish and Wildlife Service (USFWS) special use permit issued to commercial fisherman for commercial harvest of selected fish species within USFWS National Wildlife Refuge areas, a Special Use Permit pursuant to subsection (a) must be obtained from the Department. All Illinois laws and regulations apply.
(Source: Amended at 44 Ill. Reg. 4030, effective February 26, 2020)
ILLINOIS REGISTER 4040 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
1) Heading of the Part: Commercial Fishing in Lake Michigan
2) Code Citation: 17 Ill. Adm. Code 850
3) Section Numbers: Adopted Actions: 850.25 Amendment 850.30 Amendment 850.40 Amendment 850.50 Amendment
4) Statutory Authority: Implementing and authorized by Sections 1-10, 1-80, 1-120, 1-125, 1-135, 1-150, 20-35, 20-45, 20-105 and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5/1-10, 1-80, 1-120, 1-125, 1-135, 1-150, 20-35, 20-45, 20-105 and 25-5].
5) Effective Date of Rules: February 26, 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 the Illinois Register: 43 Ill. Reg. 14060, December 6, 2019
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: In Section 850.50(h), "[515 ILCS 5} (Code) has been added after "Code"; in subsection (i), "[515 ILCS 5]" has been deleted; in subsection (d), "by Section 15-5 of the Code" has been added after the word "exempted".
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 an emergency rule currently in effect? No
ILLINOIS REGISTER 4041 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This Part has been amended to bring this Part up to date with recent changes in the Fish and Aquatic Life Code.
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 4042 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE
PART 850 COMMERCIAL FISHING IN LAKE MICHIGAN
Section 850.5 Introduction 850.10 Possession and Identification of Gear 850.20 Quota 850.25 Seasons 850.30 Restricted Commercial Fishing Areas 850.40 Limited Entry 850.50 License Eligibility and License Provisions 850.60 Application for License 850.80 Suspension or Revocation
AUTHORITY: Implementing and authorized by Sections 1-10, 1-80, 1-120, 1-125, 1-135, 1- 150, 20-35, 20-45, 20-105 and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5].
SOURCE: Adopted at 3 Ill. Reg. 44, p. 46, effective November 1, 1979; codified at 6 Ill. Reg. 877; amended at 6 Ill. Reg. 3846, effective March 31, 1982; amended at 7 Ill. Reg. 2711, effective March 2, 1983; amended at 8 Ill. Reg. 7220, effective May 15, 1984; emergency amendment at 9 Ill. Reg. 4854, effective April 2, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 6179, effective April 23, 1985; amended at 10 Ill. Reg. 9789, effective May 21, 1986; amended at 12 Ill. Reg. 7996, effective April 25, 1988; amended at 16 Ill. Reg. 11029, effective June 30, 1992; emergency amendment at 16 Ill. Reg. 12626, effective July 24, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 18967, effective December 1, 1992; emergency amendment at 17 Ill. Reg. 17263, effective September 23, 1993, for a maximum of 150 days; emergency expired February 20, 1994; amended at 18 Ill. Reg. 5834, effective April 5, 1994; emergency amendment at 19 Ill. Reg. 5257, effective April 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 10568, 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 21 Ill. Reg. 5553, effective April 19, 1997; amended at 24 Ill. Reg. 8895, effective June 19, 2000; amended at 28 Ill. Reg. 4697, effective March 1, 2004; amended at 44 Ill. Reg. 4040, effective February 26, 2020.
Section 850.25 Seasons
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NOTICE OF ADOPTED AMENDMENTS
The commercial harvest of yellow perch is prohibited from MayJuly 1 through June 15July 31, inclusive, annually. All yellow perch incidentally caught in gill nets during this time must be removed immediately from the gill nets as they are brought on board the vessel and returned to the water at once in the same condition as taken.
(Source: Amended at 44 Ill. Reg. 4040, effective February 26, 2020)
Section 850.30 Restricted Commercial Fishing Areas
a) During the monthsmonth of July and August, commercial gill net fishing may be undertaken anywhere in the Illinois portion of Lake Michigan outside of the 1,000 yard distance from any pier, breakwater, or similar structure, or the low water mark on the shore. From the months of September through April and from June 16 through June 30, inclusive, commercial fishermen must fish in water depths of at least 5 fathoms (30 feet) or deeper to minimize incidental catch of salmon and trout.
b) The following described area in Lake Michigan is established as fish refuge and it shall be unlawful for any person to place any commercial fishing device in it: all waters on or adjacent to any area commonly referred to as Julian's Reef, located in a general area bounded by 42 16'00" north latitude on the north, 87 29'00" west longitude on the east, 42 11'00" north latitude on the south and 87 35'00" west longitude on the west, on U.S. lake survey navigational chart #75, edition of April 1972 (National Oceanic and Atmospheric Administration).
c) During the months of August and September, all gill nets set in the Illinois portion of Lake Michigan in waters up to 20 fathoms (120 feet) in depth shall not be set prior to sunrise and must be removed from the water prior to sunset on the same day.
d) From May 1 through June 15, inclusiveDuring the month of July, all gill nets must be placed in waters greater than 20 fathoms (120 feet) in depth to minimize the incidental catch of yellow perch.
(Source: Amended at 44 Ill. Reg. 4040, effective February 26, 2020)
Section 850.40 Limited Entry
ILLINOIS REGISTER 4044 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS a) The Department mayshall issue 5 commercial licenses for taking yellow perch and bloater chub. Each licensee may fish only with the fishing vessel designated on each license. Five licenses shall be issued for the fishing year that began April 1, 1992, and the Department shall issue licenses from time to time so that 5 valid licenses are always outstanding at any one time. b) Any individual or corporate license holder who continues to meet eligibility requirements in Section 850.50 will receive priority for available licenses over new commercial fishing candidates.Allocation of commercial fishing licenses was determined by a public drawing conducted June 27, 1975. The ranking order in this drawing has been used for expanding numbers of fishing licenses subsequently. Each commercial fishing license for the 1992 fishing year and thereafter shall be issued as follows:
1) All valid licenses held by individuals or corporations as of April 1, 1992 shall remain in full force and effect.
2) Thereafter, licenses shall be issued as necessary to reach and maintain a total of 5 outstanding licenses as follows:
A) First, to any individual or corporation as described in Section 850.50 who was licensed through a harvest contract pursuant to the public lottery drawing conducted by the Director on June 27, 1975, but such individual or corporation did not hold a valid commercial license for whatever reason on April 1, 1992; provided, that the contractor shall have served any stated period of any license suspension or revocation established by an order of the Director. Among those individuals or corporations that meet the criteria under this item, priority shall be given to the individual or corporation that has been without a valid commercial license for the longest period of time [515 ILCS 5/15-32].
B) Second, to any other individual or corporation entrant who had his specific name drawn in the public lottery drawing conducted by the Director on June 27, 1975 but was not licensed as a harvest contractor at that time or thereafter.
C) Third, if there are insufficient license applicants available at the beginning of any fishing year who meet the requirements for licensure under this Section for the Director to issue 5 licenses, the Director shall order and
ILLINOIS REGISTER 4045 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
conduct a new public lottery drawing before the commencement of the fishing year and shall draw his applicant list from a roster of qualified operators. Should an eligible candidate whose name is reached on the list for license elect not to receive a license or in the event a licensee's license is revoked for cause, then that eligible applicant or licensee shall be deleted from the eligible list then in effect.
c) At times determined by the Director, the Department will advertise a public drawing to accept new qualified commercial fishing candidates and establish a ranking order, based on the result of the drawing, for these new candidates to fill open Lake Michigan commercial fishing licenses. This ranking order shall be used until the list of eligible candidates is exhausted.
(Source: Amended at 44 Ill. Reg. 4040, effective February 26, 2020)
Section 850.50 License Eligibility and License Provisions
Lake Michigan Commercial Fishing License commences April 1 and expires March 31 and shall be valid for a period of 3 years. To be eligible for a license to fish commercially during a given fishing license year, the applicant, license holder, must meet the following requirements:
a) Be an individual who has actually resided in Illinois for one year immediately preceding his application for a license to be allowed to fish commercially and who does not claim residency for commercial fishing purposes in another state or country.
b) Be a corporation incorporated in Illinois for at least one year immediately preceding the application for a license to fish commercially during a given fishing year, or a corporation incorporated in Illinois by a currently licensed Lake Michigan Commercial Fisherman.
1) All stockholders of the corporations shall have been Illinois residents for at least one year immediately prior to owning any stock or interest in the corporation, and remain Illinois residents as long as they own such stock or interest.
2) Individuals licensed as Lake Michigan Commercial Fisherman who wish to place the license into corporate control must own a controlling interest in the corporation (owns or controls more than 50%) at the time of
ILLINOIS REGISTER 4046 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
transfer. The corporations need not have been in existence for one year, but must meet all other requirements.
3) All transferstransfer of ownership interest in the corporation must be reported to the Department within 10 days after transfer.
4) No such corporation may be wholly or partially owned by another corporation, and no individual shall own any part of more than one business entity holding a Lake Michigan Commercial Fishing License. c) Have ownership or legal control of a vessel of at least 12 net tons as documented by the U. S. Coast Guard, showing an Illinois port of registration, having valid United States Coast Guard documentation in full force and effect, and in compliance with all State requirements established for such vessels in the Boat Registration and Safety Act [625 ILCS 45].
1) Any request for redesignation of a fishing vessel to be used by the license holder must be submitted in writing to and approved in writing by the Chief, Division of Fisheries. Approval will be granted if the requested vessel meets the U.S. Coast Guard documentation requirements and the license holder has a valid reason for redesignation, such as loss or damage of the designated vessel or purchase of another vessel. Such requests must clearly state the reasons for redesignation, and the anticipated period of use and shall be accompanied by a copy of the United States Coast Guard document for the requested vessel. Use of the vessel designated in Illinois for commercial fishing purposes in another state shall, upon verification, nullify the designated status of the vessel for commercial fishing purposes in Illinois.
2) When more than one license designates the same vessel under this subsection (c), only one license at a time may be fished until the entire quota under that license has been harvested. In addition, before any licensee commences fishing, he must submit a written request to fish from the designated boat, and receive written authorization from the Chief of the Division of Fisheries. d) Have at least 6,000 feet of properly licensed gill netting possessing a diagonal stretched mesh measurement between 2⅜ inches through 2¾ inches.
ILLINOIS REGISTER 4047 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS e) Agree to keep accurate daily records of catch and must submit catch reports monthly to the Department by the 15th day of the following month on forms furnished by the Department (whether licensee did or did not catch fish). All monthly catch reports must be signed by the licensee or corporate chief executive officer. Failure to submit the required catch reports shall be grounds for suspension or revocation of the Lake Michigan Commercial Fishing License. f) Submit a yearly operational plan by months clearly identifying the port from which the vessel will operate and the exact location at which all harvested fish will be transferred from the vessel to shore. Transfer of fish from the license vessel to another vessel or to shore at any other location not identified in the yearly operational plan shall be grounds for suspension or revocation of the Lake Michigan commercial fishing license. g) Permit Department biologists and Conservation Police Officers to obtain information from fish harvested, such as lengths, weights, scale samples, sex, etc., as deemed necessary for management of Lake Michigan fish stocks. h) License all of the commercial equipment as required by the Illinois Fish and Aquatic Life Code [515 ILCS 5] (Code) and this Part. A license holder shall not fish under the commercial fishing license of another person. i) The captain of commercial fishing crews on board the vessel must be a resident of the State of Illinois in accordance with the definition in Section 1-801.3 of the Illinois Fish and Aquatic Life Code. j) The designated captain of the commercial fishing crew shall obtain a sport fishing license in addition to his or her commercial fishing license, unless he or she is exempted by Section 15-5 of the Code from being required to obtain a sport fishing license. All individuals assisting a licensed commercial fisherman shall first obtain a sport fishing license, unless he or she is exempted by Section 15-5 of the Code from being required to obtain a sport fishing license. kj) The licensee shall notify the Chief, Division of Fisheries, of any changes (except captain) in commercial fishing crew members in writing within 14 days after the change. Changes in captains requires prior written Department approval by the Chief, Division of Fisheries, and all such requests must be submitted in writing to the Chief, Division of Fisheries. Approval will be given if the captain meets the requirements set forth in this Section.
ILLINOIS REGISTER 4048 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED AMENDMENTS
lk) A copy of the Lake Michigan Commercial Fishing license and a current listing of the captain and designated crew must be kept on board the fishing vessel at all times during the commercial fishing operations. ml) The licensee or the designated captain of the commercial fishing crew must be on board the vessel at all times during the commercial fishing operations. The licensee shall remain responsible for all obligations owed to the State of Illinois relating to the license, whether the licensee is on board the vessel or not.
(Source: Amended at 44 Ill. Reg. 4040, effective February 26, 2020)
ILLINOIS REGISTER 4049 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES
1) Heading of the Part: Illinois Natural Areas Stewardship Grant Program
2) Code Citation: 17 Ill. Adm. Code 3051
3) Section Numbers: Adopted Actions: 3051.10 New Section 3051.20 New Section 3051.30 New Section 3051.40 New Section 3051.50 New Section 3051.60 New Section 3051.70 New Section 3051.80 New Section 3051.90 New Section
4) Statutory Authority: Implementing and authorized by the Illinois Natural Areas Stewardship Act [525 ILCS 31].
5) Effective Date of Rules: February 26, 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 the Illinois Register: 43 Ill. Reg. 8657, August 16, 2019
10) Has JCAR issued a Statement of Objection to this rulemaking? No
11) Differences between Proposal and Final Version: In Section 3051.30(d) has been changed to "The required match amount by the applicant will be 5% of the grant award or $1,000, whichever is less."; Section 3051.30(d) has been renumbered and changed to read "e) The Grant Program will provide the approved funding assistance on a cost reimbursement basis."
In Section 3051.50(e)(4)(F), the "(8)" has been changed to "(9)".
ILLINOIS REGISTER 4050 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES
In Section 3051.60(c)(4) has been changed to read "The availability of the matching funds required by Section 3051.30(d);"; new subsection (5) has been added to read "5) The availability of other non-financial resources to complete the project such as personnel, volunteers, equipment or supplies;"; the remaining numbers have been renumbered to "6)", "7)", "8)" and "9)".
In Section 3051.70(c)(4), "State laws" has been changed to "the State Records Act [5 ILCS 160]."; subsection (e)(1), "State of Illinois governing law and" has been changed to "GATU".
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
14) Are there any rulemakings pending on this Part? No
15) Summary and Purpose of Rulemaking: This Part provides guidance on funding levels, applicant eligibility, application process, project evaluation, and reporting requirements for the Grant Program.
16) Information and questions regarding these adopted rules shall be directed to:
Robert G. Mool, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271
217/782-1809
The full text of the Adopted Rules begins on the next page:
ILLINOIS REGISTER 4051 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES
TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER g: GRANTS
PART 3051 ILLINOIS NATURAL AREAS STEWARDSHIP GRANT PROGRAM
Section 3051.10 Purpose 3051.20 Definitions 3051.30 Funding 3051.40 Applicant Eligibility 3051.50 Application Procedures and Required Information 3051.60 Application Evaluation and Selection 3051.70 Grant Requirements 3051.80 Program Information/Contact 3051.90 Final Administrative Decision
AUTHORITY: Implementing and authorized by the Illinois Natural Areas Stewardship Act [525 ILCS 31].
SOURCE: Adopted at 44 Ill. Reg. 4049, effective February 26, 2020.
Section 3051.10 Purpose
The purpose of this Part is to implement the Illinois Natural Areas Stewardship Grant Program that provides operational grants to conservation land trusts for stewardship of natural areas dedicated as an Illinois nature preserve or dedicated buffer or registered as an Illinois land and water reserve.
Section 3051.20 Definitions
"Act" means the Illinois Natural Areas Stewardship Act [525 ILCS 31].
"Commission" means the Illinois Nature Preserves Commission.
"Conservation Land Trust" means entities exempt from taxation under section 501(c)(3) of the federal Internal Revenue Code (26 USC 501(c)(3)) whose purposes include the restoration, stewardship, or conservation of land, natural
ILLINOIS REGISTER 4052 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES areas, open space, or water areas for the preservation of native plants or animals, biotic communities, geologic formations, or archeological sites of significance. [525 ILCS 31/10]
"Deadline" means the date stated in this Part or the next business day if the deadline date falls on a Saturday, Sunday or State of Illinois holiday.
"Department" or "DNR" means the Illinois Department of Natural Resources.
"Director" means the Director of the Department.
"Eligible Land" is a site that has been dedicated by the Commission as an Illinois nature preserve or dedicated buffer or registered as an Illinois land and water reserve and has a current, approved management schedule. [525 ILCS 31/10]
"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 Agreement" means the written contract between the Department and a grantee setting forth the terms for project funding. The Grant Agreement will be based on GATU's Uniform Grant Agreement (see GATA Rule Section 7000.370).
"Grant Program" means the Illinois Natural Areas Stewardship Grant Program created by the Act and this Part.
"Grantee" means the successful applicant for funding of a project pursuant to the Natural Areas Stewardship Grant Program.
"Project" means the stewardship actions, staff activities, equipment and materials necessary to implement the grant application proposal.
"Stewardship Actions" means actions, identified in a Commission approved management schedule, that are designed to maintain, preserve, or improve the condition of native natural communities, diversity of species, and ecological processes on eligible lands, such as, but not limited to, prescribed burns, control
ILLINOIS REGISTER 4053 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES
of exotic and invasive species, fencing, and other restorative practices. [525 ILCS 31/10]
Section 3051.30 Funding
a) The Grant Program is funded by the Natural Areas Acquisition Fund (see 35 ILCS 200/31-35).
b) The Department will determine annually the availability of funds for purposes of the Grant Program. Annual funds for the Grant Program will be determined solely by the Department and will not exceed $2,000,000.
c) Maximum grant award to any single project is limited to $100,000.
d) The required match amount by the applicant will be 5% of the grant award or $1,000, whichever is less.
e) The Grant Program will provide the approved funding assistance on a cost reimbursement basis.
Section 3051.40 Applicant Eligibility
a) Applicants must meet the following requirements to be eligible for the Grant Program:
1) Applicants must be conservation land trusts;
2) Applicants must be in good standing with the federal Internal Revenue Service by holding current status as exempt from taxation under section 501(c)(3) of the Internal Revenue Code; and
3) Applicants cannot be an agency, organization, or entity that has taxing powers, collects taxes, or has eminent domain powers. [525 ILCS 31/20]
b) To be eligible for the Grant Program, applicants shall include only eligible land in their proposals.
c) If the applicant's proposal includes eligible land owned by another entity, to be eligible for the Grant Program, the applicant:
ILLINOIS REGISTER 4054 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES
1) shall have a properly executed agreement with the owner of the land allowing the applicant to perform the proposed project; and
2) shall document that the Commission has been notified of the agreement between the applicant and the owner of the land allowing the applicant to perform the proposed project.
Section 3051.50 Application Procedures and Required Information
a) This State funded program is subject to GATA. Specific GATA rules are cross- referenced in this Part.
b) Applications for funding assistance under the Grant Program shall use application forms and instructions available through the Department (see Section 3051.80).
c) Applications shall be submitted to the Department, Attention: Office of Grant Management and Assistance – Natural Areas Stewardship Program.
d) The application deadline will be publicly announced by the Department. Applications received after the application deadline will not be considered by the Department.
e) Applications shall contain the following required information:
1) The name and address of the applicant;
2) The name, telephone number and e-mail address of a contact person for the applicant;
3) Copy of the Internal Revenue Service letter confirming the applicant's current 501(c)(3) tax exempt status;
4) A comprehensive description of the applicant's proposed project, including:
A) Project summary;
B) Project locations and information showing applicable eligible land;
ILLINOIS REGISTER 4055 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES
C) Project stewardship actions;
D) Project methods and schedule;
E) Itemized project budget on the uniform grant budget template provided by GATU (see GATA Rule Section 7000.330);
F) Narrative separately addressing each application evaluation criteria in Section 3051.60(c) applicable to the project;
G) If the applicant's proposal includes land owned by another entity, a copy of the agreement with the landowner and documentation that the agreement was provided to the Commission;
H) If there exists any potential conflict of interest between DNR staff, the entity owning the land, and the applicant and/or its governance board and/or staff members, documentation of the potential conflict of interest and the resolutions or actions taken by the applicant to disclose and resolve the potential conflicts; and
I) Uniform grant application provided by GATU and signed by an authorized representative (see GATA Rule 7000.330).
Section 3051.60 Application Evaluation and Selection
a) All applications received by the application deadline will be reviewed by DNR staff.
b) Applications will be screened for applicant eligibility (see Section 3051.40) and application completeness (see Section 3051.50(e)).
c) Eligible and complete applications will be evaluated by DNR staff, considering the following criteria:
1) Project benefits to implementing the needs and priorities identified in the Department's current approved:
A) Illinois Natural Areas Plan;
ILLINOIS REGISTER 4056 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES
B) Illinois Sustainable Natural Areas Vision; and
C) Illinois Wildlife Action Plan;
2) Project benefits to the following stewardship needs:
A) actions identified in a Commission-approved management schedule for each site; and
B) actions improving or addressing threats to the qualifying features for which the site was dedicated/registered;
3) Project benefits in consideration of the resources to be impacted by the project:
A) Rarity and condition of resources;
B) Severity of stewardship need; and
C) Other resource-based considerations;
4) The availability of the matching funds required by Section 3051.30(d);
5) The availability of other nonfinancial resources to complete the project, such as personnel, volunteers, equipment or supplies;
6) How the project will increase the stewardship capacity of the applicant;
7) Applicant's past performance in completing Grant Program projects or other DNR grant projects;
8) Ability of the applicant to complete the project in the timeframe planned; and
9) Adequacy and sufficient justification of the project budget.
ILLINOIS REGISTER 4057 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES
d) DNR staff will verify that each grantee has completed a prequalification process and has been determined "qualified" by GATU (see GATA Rule Section 7000.70).
e) DNR staff will provide to the Director all eligible and complete applications and a prioritized list of applications recommended because of their consistency with the purposes of the Act based on the evaluation criteria of subsection (c).
f) Based on available funding, the Director will determine what grants will be awarded after considering the recommendations of Department staff. Applicants shall be notified of the Director's final decision on grant awards.
g) For a grant applicant who is a prior recipient of an award under this Part, the Department will review available information on the awardee's prior performance and consider that information when assessing grantee risk. This is part of the grantee risk assessment provided by GATU (see GATA Rule 7000.340).
Section 3051.70 Grant Requirements
a) Grant Agreement
1) Upon grant award, the grantee and the Department shall execute a written Grant Agreement. All grants shall be in compliance with GATA.
2) The Department will enter into a Grant Agreement with the grantee using the Grant Agreement modeled on the uniform GATU template (see GATA Rule Section 7000.370). Project objectives and performance goals will be included in the Grant Agreement to measure the grantee's performance.
3) The Grant Agreement shall contain substantive provisions including, but not limited to, the following:
A) recitation of legal authority pursuant to which the Grant Agreement is made;
B) identification of the project;
C) identification of a completion date;
ILLINOIS REGISTER 4058 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES
D) identification of the grant amount;
E) condition and manner by which the Department will pay the grant amount to the grantee as reimbursements for expenditures made by the grantee, subject at all times to annual appropriation by the General Assembly;
F) signed document by the applicant verifying the applicant has the resources to initially finance the project;
G) agreement by the grantee to comply with program regulations;
H) agreement by the grantee to indemnify the Department from any liability relative to the project;
I) agreement by the grantee not to assign or transfer any of the rights, duties or obligations of the grantee without the written consent of the Department; and
J) agreement that the grantee shall not deviate from the budget, project scope, or objectives stated in the Grant Agreement except with mutual written agreement of the Department and grantee (see GATA Rule Section 7000.370(b)). b) Grant Term
1) The grant term begins on the date of the Department's execution of the Grant Agreement, unless a different beginning date is provided in the Grant Agreement.
2) In order for costs to be eligible for reimbursement, the project must not be initiated and costs shall not be incurred prior to the grant term.
3) Grant funds are available as reimbursements for expenditures by a grantee during the grant term, which shall be for a period no longer than 2 years, unless an extension is granted under subsection (b)(4).
4) The grant term ends on the completion date set forth in the Grant Agreement, unless a written request for an extension is submitted by the
ILLINOIS REGISTER 4059 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES
grantee no later than 30 days prior to the award completion date, based upon circumstances outside of the grantee's control and approved by the Department in writing. c) Financial Management
1) The grant award will be paid to the grantee as reimbursements for expenditures made by the grantee.
2) Reimbursements will be at the completion of the project, unless the Department, based upon a request from the grantee for good cause, determines to provide reimbursement payments on an interim basis.
3) Upon project completion or for interim reimbursement requests, the grantee must submit a project billing request listing and verifying all funds expended on the project for which reimbursement is sought, as well as required billing documentation.
4) The grantee shall keep adequate records relating to its administration of a project, particularly relating to all incurred costs. These records shall be available for audit by appropriate DNR personnel and the State Auditor General. All records shall be retained in accordance with the State Records Act [5 ILCS 160]. Grantees are subject to the auditing standards stipulated by GATU (see GATA Rule Section 7000.90).
5) All purchases must be completed or legally obligated prior to the end of the term of the Grant Agreement to be eligible for reimbursement. d) Equipment
1) Equipment acquired pursuant to the Grant Agreement will be limited in use to the purpose of the project for the duration of the grant term, unless specified otherwise in the Grant Agreement.
2) Grantees will be responsible for the maintenance of any equipment purchased through the Grant Program.
3) Equipment is to be kept safe and secure by the grantee.
ILLINOIS REGISTER 4060 20 DEPARTMENT OF NATURAL RESOURCES
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4) Equipment purchased shall become the property and the responsibility of the grantee at the end of the grant term, unless specified otherwise in the Grant Agreement. e) Employees
1) Grantee employee salary and indirect costs that are reimbursed pursuant to the Grant Agreement must be documented and included in grantee's final reports, annual progress reports, and interim reimbursement requests, if applicable. Benefit costs are not eligible for reimbursement. Indirect cost rates shall follow GATU processes in place at the time of the Grant Agreement.
2) Documentation of employee salary must be hourly, including a description and location of the work performed.
3) Staff salary for time spent on activities not included in the Grant Agreement is not eligible for reimbursement. f) Reporting Requirements
1) The grantee shall provide written reports no later than 30 days after the end of each quarter (see GATA Rule Section 7000.410). Reports shall include the status of the project and financial data using the forms or format provided by the Department (see Section 3051.80).
2) The grantee shall provide a written final report to the Department no later than 30 days following the completion date of the Grant Agreement. The final report shall be in the form or format provided by the Department and include:
A) A summary of the accomplishments related to the project goals;
B) A financial report;
C) An equipment use report; and
D) Any other information requested by the Department.
ILLINOIS REGISTER 4061 20 DEPARTMENT OF NATURAL RESOURCES
NOTICE OF ADOPTED RULES
3) For multiple year projects, projects requesting interim reimbursements, and projects involving significant equipment, the Grant Agreement shall address reporting requirements, if any, in addition to the final report.
4) Failure to provide the final report or additional reports as required in this subsection (f) may render the grantee ineligible to receive reimbursement payments under the current award and ineligible for future awards. Due dates for reports may be extended for just cause when requests are submitted in writing at least 2 weeks prior to the due date.
g) Inspections. The Department may make periodic inspections of the project as stewardship actions progress. The Department will complete a final inspection or document review and formally accept the completed project prior to final grant payment.
h) Public Credit. To educate the public and promote the Grant Program, the grantee shall give public credit to the "Illinois Department of Natural Resources – Illinois Natural Areas Stewardship Grant Program" and coordinate with the Department on any publication, written document, news article, television or radio release, interview, or personal presentation, if initiated by the grantee, that refers to the project.
Section 3051.80 Program Information/Contact
For information on the Illinois Natural Areas Stewardship Grant Program, contact:
Illinois Department of Natural Resources Office of Grant Management and Assistance One Natural Resources Way Springfield IL 62702-1271
Telephone: 217/782-7481 Email: [email protected]
Section 3051.90 Final Administrative Decision
Application decisions are final administrative decisions by the Department subject to judicial review under the Administrative Review Law [735 ILCS 5/Art. III].
ILLINOIS REGISTER 4062 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
1) Heading of the Part: Sports Wagering
2) Code Citation: 11 Ill. Adm. Code 1900
3) Section Numbers: Emergency Actions: 1900.120 Amendment 1900.310 Amendment 1900.710 Amendment 1900.740 Amendment
4) Statutory Authority: Section 25-15 (b) of the Sports Wagering Act [230 ILCS 45/25-15 (b)] provides that: "The Board may adopt any rules the Board considers necessary for the successful implementation, administration, and enforcement of this Act, except for Section 25-70. Rules proposed by the Board may be adopted as emergency rules pursuant to Section 5-45 of the Illinois Administrative Procedure Act."
5) Effective Date of Rules: February 26, 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: The emergency amendments will expire on May 16, 2020, which is the end of the 150-day period for the emergency rule published at 44 Ill. Reg. 314 and effective December 19, 2020, or upon adoption of a permanent amendment, whichever comes first.
7) Date Filed with the Index Department: February 26, 2020
8) A copy of the emergency amendment, including any material incorporated by reference, is on file in the Illinois Gaming Board's principal office and is available for public inspection.
9) Reason for Emergency: The emergency amendments to the emergency rule address concerns raised by members of the public concerning the contents of the originally published emergency rule. If these concerns are not addressed immediately, they can lead to irreparable harm in the implementation of sports wagering in Illinois as directed by the Sports Wagering Act [230 ILCS 45].
10) A Complete Description of the Subjects and Issues Involved: The emergency amendment to the emergency rule does the following:
ILLINOIS REGISTER 4063 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
Amends Section 1900.110 (Definitions) to add definitions of "cancelled wager," "client" or "client software," "gaming operation," "internet wagering," "internet wagering system," "layoff bet," "organization gaming facility," "sports wagering system," "theoretical maximum exposure," and "void wager" or "voided wager", and to amend the definitions of "designated gaming area" and "redemption kiosk".
Amends Section 1900.310 (Grounds for Disciplinary Actions) to encompass actions or failure to act by the agents, employees, or any other contracted third party of a license holder or key person.
Amends Section 1900.710 (Submission of Applications) to make a clarifying correction concerning the master sports wagering license application (short form).
Amends Section 1900.740 (Renewal of Licenses) to provide that occupational licensees are required to submit the required annual license fee no less than 30 days, rather than 90 days, prior to the first day of the month in which the license was issued unless a later date is authorized in writing by the Administrator.
11) Are there any other rulemakings pending to this Part? Yes
Section Numbers: Proposed Actions: Illinois Register Citations: 1900.110 New Section 44 Ill. Reg. 84; January 3, 2020 1900.120 New Section 44 Ill. Reg. 84; January 3, 2020 1900.130 New Section 44 Ill. Reg. 84; January 3, 2020 1900.150 New Section 44 Ill. Reg. 84; January 3, 2020 1900.160 New Section 44 Ill. Reg. 84; January 3, 2020 1900.210 New Section 44 Ill. Reg. 84; January 3, 2020 1900.220 New Section 44 Ill. Reg. 84; January 3, 2020 1900.230 New Section 44 Ill. Reg. 84; January 3, 2020 1900.240 New Section 44 Ill. Reg. 84; January 3, 2020 1900.250 New Section 44 Ill. Reg. 84; January 3, 2020 1900.260 New Section 44 Ill. Reg. 84; January 3, 2020 1900.270 New Section 44 Ill. Reg. 84; January 3, 2020 1900.310 New Section 44 Ill. Reg. 84; January 3, 2020 1900.320 New Section 44 Ill. Reg. 84; January 3, 2020 1900.330 New Section 44 Ill. Reg. 84; January 3, 2020 1900.500 New Section 44 Ill. Reg. 84; January 3, 2020 1900.510 New Section 44 Ill. Reg. 84; January 3, 2020 1900.520 New Section 44 Ill. Reg. 84; January 3, 2020
ILLINOIS REGISTER 4064 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
1900.530 New Section 44 Ill. Reg. 84; January 3, 2020 1900.700 New Section 44 Ill. Reg. 84; January 3, 2020 1900.710 New Section 44 Ill. Reg. 84; January 3, 2020 1900.715 New Section 44 Ill. Reg. 84; January 3, 2020 1900.720 New Section 44 Ill. Reg. 84; January 3, 2020 1900.730 New Section 44 Ill. Reg. 84, January 3, 2020 1900.735 New Section 44 Ill. Reg. 84; January 3, 2020 1900.740 New Section 44 Ill. Reg. 84; January 3, 2020 1900.750 New Section 44 Ill. Reg. 84; January 3, 2020 1900.760 New Section 44 Ill. Reg. 84; January 3, 2020 1900.770 New Section 44 Ill. Reg. 84; January 3, 2020 1900.780 New Section 44 Ill. Reg. 84; January 3, 2020 1900.790 New Section 44 Ill. Reg. 84; January 3, 2020 1900.795 New Section 44 Ill. Reg. 84; January 3, 2020 1900.810 New Section 44 Ill. Reg. 84; January 3, 2020 1900.815 New Section 44 Ill. Reg. 84; January 3, 2020 1900.820 New Section 44 Ill. Reg. 84; January 3, 2020 1900.825 New Section 44 Ill. Reg. 84; January 3, 2020 1900.830 New Section 44 Ill. Reg. 84; January 3, 2020 1900.835 New Section 44 Ill. Reg. 84; January 3, 2020 1900.840 New Section 44 Ill. Reg. 84; January 3, 2020 1900.850 New Section 44 Ill. Reg. 84; January 3, 2020 1900.860 New Section 44 Ill. Reg. 84; January 3, 2020 1900.870 New Section 44 Ill. Reg. 84; January 3, 2020 1900.880 New Section 44 Ill. Reg. 84; January 3, 2020 1900.890 New Section 44 Ill. Reg. 84; January 3, 2020 1900.895 New Section 44 Ill. Reg. 84; January 3, 2020 1900.910 New Section 44 Ill. Reg. 84; January 3, 2020 1900.915 New Section 44 Ill. Reg. 84; January 3, 2020 1900.920 New Section 44 Ill. Reg. 84; January 3, 2020 1900.925 New Section 44 Ill. Reg. 84; January 3, 2020 1900.930 New Section 44 Ill. Reg. 84; January 3, 2020 1900.935 New Section 44 Ill. Reg. 84; January 3, 2020 1900.940 New Section 44 Ill. Reg. 84; January 3, 2020 1900.945 New Section 44 Ill. Reg. 84; January 3, 2020 1900.950 New Section 44 Ill. Reg. 84; January 3, 2020 1900.960 New Section 44 Ill. Reg. 84; January 3, 2020 1900.970 New Section 44 Ill. Reg. 84; January 3, 2020 1900.980 New Section 44 Ill. Reg. 84; January 3, 2020
ILLINOIS REGISTER 4065 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
1900.990 New Section 44 Ill. Reg. 84; January 3, 2020 1900.995 New Section 44 Ill. Reg. 84; January 3, 2020 1900.340 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.410 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.420 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.600 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.610 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.620 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.630 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1000 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1010 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1020 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1030 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1040 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1050 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1100 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1110 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1120 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1130 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1140 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1150 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1160 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1170 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1180 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1190 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1210 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1220 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1230 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1240 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1250 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1310 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1320 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1330 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1400 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1410 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1420 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1430 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1440 New Section 44 ill. Reg. 2618; February 14, 2020 1900.1450 New Section 44 Ill. Reg. 2618; February 14, 2020
ILLINOIS REGISTER 4066 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
1900.1500 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1510 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1520 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1610 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1620 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1630 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1640 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1650 New Section 44 Ill. Reg. 2618; February 14, 2020 1800.1660 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1710 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1720 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1730 New Section 44 Ill. Reg. 2618; February 14, 2020 1900.1740 New Section 44 Ill. Reg. 2618; February 14, 2020
12) Statement of Statewide Policy Objective: This rulemaking does not create or expand a State mandate under 30 ILCS 805.
13) Information and questions regarding this emergency rulemaking shall be directed to:
Agostino Lorenzini General Counsel Illinois Gaming Board 160 North LaSalle Street Chicago IL 60601
The full text of the Emergency Amendments to the Emergency Rule begins on the next page:
ILLINOIS REGISTER 4067 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING SUBTITLE E: SPORTS WAGERING CHAPTER I: ILLINOIS GAMING BOARD
PART 1900 SPORTS WAGERING
SUBPART A: GENERAL PROVISIONS
Section 1900.110 Board Meetings EMERGENCY 1900.120 Definitions EMERGENCY 1900.130 Cooperation with Investigations EMERGENCY 1900.150 Licenses Required EMERGENCY 1900.160 Service Via E-Mail EMERGENCY
SUBPART B: DUTIES OF LICENSEES
Section 1900.210 General Duties of All Licensees EMERGENCY 1900.220 Continuing Duty to Report Information EMERGENCY 1900.230 Duties of Master Sports Wagering Licensees EMERGENCY 1900.240 Duties of Licensed Suppliers EMERGENCY 1900.250 Duties of Management Services Provider Licensees EMERGENCY 1900.260 Duties of Official League Data Providers EMERGENCY 1900.270 Duties of Occupational Licensees EMERGENCY
ILLINOIS REGISTER 4068 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
SUBPART C: STANDARDS OF CONDUCT
Section 1900.310 Grounds for Disciplinary Actions EMERGENCY 1900.320 Economic Disassociation EMERGENCY 1900.330 Record Retention EMERGENCY
SUBPART E: LICENSING QUALIFICATIONS
Section 1900.500 Coverage of Subpart EMERGENCY 1900.510 Suitability for Licensure EMERGENCY 1900.520 Minimum Qualifications EMERGENCY 1900.530 Identification and Requirements of Key Persons EMERGENCY
SUBPART G: LICENSING PROCEDURES
Section 1900.700 Coverage of Subpart EMERGENCY 1900.710 Submission of Applications EMERGENCY 1900.715 Disclosure of Ownership and Control EMERGENCY 1900.720 Other Required Forms EMERGENCY 1900.730 Licensing Procedures EMERGENCY 1900.735 Issuance of License EMERGENCY 1900.740 Renewal of Licenses EMERGENCY
ILLINOIS REGISTER 4069 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
1900.750 Withdrawal of Applications and Surrender of Licenses EMERGENCY 1900.760 Transferability of Ownership Interest EMERGENCY 1900.770 Annual Updates EMERGENCY 1900.780 Recognition of Existing Board Licenses EMERGENCY 1900.790 Temporary Operating Permits EMERGENCY 1900.795 Temporary Identification Badge EMERGENCY
SUBPART H: DENIALS OF APPLICATIONS
Section 1900.810 Coverage of Subpart EMERGENCY 1900.815 Requests for Hearing EMERGENCY 1900.820 Appearances EMERGENCY 1900.825 Appointment of Administrative Law Jude EMERGENCY 1900.830 Discovery EMERGENCY 1900.835 Subpoenas EMERGENCY 1900.840 Motions for Summary Judgment EMERGENCY 1900.850 Proceedings EMERGENCY 1900.860 Evidence EMERGENCY 1900.870 Prohibition on Ex Parte Communication EMERGENCY 1900.880 Sanctions and Penalties EMERGENCY 1900.890 Transmittal of Record and Recommendation to the Board
ILLINOIS REGISTER 4070 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
EMERGENCY 1900.895 Status of Applicant for Licensure Upon Filing Request for Hearing EMERGENCY
SUBPART I: DISCIPLINARY PROCEEDINGS
Section 1900.910 Coverage of Subpart EMERGENCY 1900.915 Notice of Proposed Disciplinary Action EMERGENCY 1900.920 Hearings in Disciplinary Action EMERGENCY 1900.925 Appearances EMERGENCY 1900.930 Appointment of Administrative Law Judge EMERGENCY 1900.935 Discovery EMERGENCY 1900.940 Subpoenas EMERGENCY 1900.945 Motions for Summary Judgment EMERGENCY 1900.950 Proceedings EMERGENCY 1900.960 Evidence EMERGENCY 1900.970 Prohibition on Ex Parte Communication EMERGENCY 1900.980 Sanctions and Penalties EMERGENCY 1900.990 Transmittal of Record and Recommendation to the Board EMERGENCY 1900.995 Persons Subject to Proposed Orders of Economic Disassociation EMERGENCY
AUTHORITY: Implementing and authorized by the Video Gaming Act [230 ILCS 40].
ILLINOIS REGISTER 4071 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
SOURCE: Emergency rule adopted at 44 Ill. Reg. 314, effective December 19, 2019, for a maximum of 150 days; emergency rule adopted at 44 Ill. Reg. 2900, effective January 28, 2020, for a maximum of 150 days; emergency rule effective December 19, 2019 amended by emergency rulemaking at 44 Ill. Reg. 4062, effective February 26, 2020, for the remainder of the 150 days.
SUBPART A: GENERAL PROVISIONS
Section 1900.120 Definitions EMERGENCY
For purposes of this Part the following terms shall have the following meanings:
"Abnormal wagering activity": Wagering activity exhibited by patrons and deemed by the master sports wagering licensee or management services provider licensee as a potential indicator of suspicious activity. Abnormal wagering activity may include the size of a patron's wager or increased wagering volume on a particular event or wager type. Abnormal wagering activity may include a pattern of behavior by one or more patrons.
"Act": The Sports Wagering Act, 230 ILCS 45/25 et seq.
"Affiliate": An "affiliate of," "affiliated entity of," or person "affiliated with" another person shall mean a person that directly, or indirectly through one or more intermediaries, owns, controls, is controlled by, or is under common ownership or control with, the other person.
"Applicant": A person applying for any license under the Act.
"Application": All material, including the instructions, definitions, forms and other documents issued by the Illinois Gaming Board, or submitted to the Illinois Gaming Board by an applicant.
"Attributed interest": A direct or indirect interest in an enterprise deemed to be held by an individual not through the individual's actual holdings but either through the holdings of the individual's relatives or through a third party or parties on behalf of the individual pursuant to a plan, arrangement, agreement or contract.
ILLINOIS REGISTER 4072 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
"Business entity" or "Business": A partnership, incorporated or unincorporated association or group, firm, corporation, limited liability company, partnership for shares, trust, sole proprietorship or other business enterprise.
"Cancelled wager": A wager that was valid at the time that it was made, but has since been invalidated due to an event or action that prevents its completion.
"Client" or "Client software": Any software or application installed or operating on a patron's device for the purpose of interacting with an internet wagering system and conducting internet wagering.
"Collegiate sport or athletic event": An intercollegiate contest, event, or game at which two or more persons participate, conducted under the auspices of a Board recognized college sports governing body.
"Control": The possession, direct or indirect, of power to direct or cause the direction of the management and policies of an applicant or licensee through the ownership of voting securities, by contract or otherwise.
"Designated Gaming Area": The portion of a facility not accessible to the public in which the actual operation of sports wagering occurs, including, but not limited to, the employee side of a sports betting window or counter, surveillance rooms, count rooms, or rooms containing wagering equipment other than publicly accessible and operational kiosks. "Designated gaming area" does not include off site servers or data centers located at a facility where in person wagering does not occur.
"Gaming operation": As defined in 86 Ill. Adm. Code 3000.100.
"Institutional investor":
A retirement fund administered by a public agency for the exclusive benefit of federal, state or local public employees;
An investment company registered under section 8 of the Investment Company Act of 1940 (15 USC 80a-8);
A collective investment trust organized by a bank under Part 9 of the Rules of the Comptroller of the Currency (12 CFR 9.18);
ILLINOIS REGISTER 4073 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
A closed end investment trust registered with the United States Securities and Exchange Commission;
A chartered or licensed life insurance company or property and casualty insurance company;
A federal or state bank;
An investment advisor registered under the Investment Advisors Act of 1940 (15 USC 80b-1 through 80b-21); or
Such other person as the Illinois Gaming Board may determine for reasons consistent with the Act and this Part.
"Internet wagering": The conduct of sports wagering activities over the internet between a master sports wagering licensee and a patron, through use of an internet wagering system.
"Internet wagering system": Collectively, all hardware, software, and communications technology that is used by a master sports wagering licensee to offer sports wagering to patrons over the internet, including any client software.
"Key Person": A person identified by the Board as subject to regulatory approval as a person able to control or exercise significant influence over the management, assets, or operating policies of master sports wagering, management services provider, supplier or tier 2 official league data provider licensee.
"Kiosk": Any kiosk, terminal, machine, or other device through which a patron may place or redeem an in person wager without requiring the involvement of an employee.
Layoff bet": A wager placed between two master sports wagering licensees on the outcome of a sports event for the purpose of offsetting or managing risk by reducing the theoretical maximum exposure of a master sports wagering licensee.
"License": Authorization granted by the Board permitting a licensee to engage in the defined activities of sports wagering.
ILLINOIS REGISTER 4074 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
"Licensee": A person that holds a license granted by the Boardboard pursuant to the Act.
"Minor league": Those events, contests, individuals, and entities affiliated with a sports governing body which do not constitute the highest level of play or competition under that sports governing body.
"Occupational licensee": An individual who holds an occupational license granted by the Board under the Act.
"Official league data provider": An individual, partnership, corporation or limited liability company that is licensed under the Act to provide official league data pursuant to an agreement with a relevant sports governing body for determining the outcome of tier 2 sports wagers.
"Organization gaming facility: As defined in 86 Ill. Adm. Code 3000.100.
"Ownership interest": Includes, but is not limited to, direct, indirect, beneficial or attributed interest, or holder of stock options, convertible debt, warrants or stock appreciation rights, or holder of any beneficial ownership or leasehold interest in a business entity.
"Person": An individual, partnership, committee, association, corporation, or any other organization or group of persons.
"Problem gambling": A repetitive set of gaming behaviors that negatively impacts someone's life.
"Professional sport or athletic event": A contest, event, or game at which two or more persons participate and receive compensation in excess of actual expenses for their participation in such event.
"Redemption kiosk": Any kiosk, terminal, machine, or other device through which a patron may redeem an in person wager without requiring the involvement of an employee, regardless of whether such redemption is fo currency or for a redemption ticket.
"Responsible gaming": All of the following:
ILLINOIS REGISTER 4075 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
Policies for reducing harms related to gaming;
Providing a transparent and fair game;
Playing within time and money limits; and
Gaming for entertainment and fun.
"Sole proprietor": An individual who in his or her own name owns 100% of the assets and who is solely liable for the debts of a business.
"Sports wagering operation": The conduct of authorized sports wagering under the Act and all related activities, including but not limited to: accepting wagers, redeeming wagers, accounting, security, surveillance, marketing, and advertising.
"Sports wagering system": Collectively, all hardware, software, communications technology, and sports wagering equipment used to conduct sports wagering activity.
"Supplier": An individual, partnership, corporation or limited liability company that is licensed under the Act to sell or lease sports wagering equipment, systems, or other gaming items to conduct sports wagering and offer services related to the equipment or other gaming items and data to a master sports wagering licensee.
"Suspicious wagering activity": Unusual betting activity which cannot be explained and may be indicative of match fixing, the manipulation of an event, misuse of inside information, money laundering or other prohibited or illegal activity.
"Theoretical maximum exposure": The maximum possible amount that a master sports wagering licensee may be required to pay out on accepted wagers that have been placed on events whose outcomes have not yet been determined.
"Void wager" or "voided wager": A wager that was not valid at the time it was placed or a wager that was valid at the time it was placed but has since become invalid for any reason, including but not limited to, the change in eligibility status of a patron or subject of the wager.
ILLINOIS REGISTER 4076 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
"Wagering equipment": A machine, mechanism, device, or implement which is integral to the operation of sports wagering, or which monitors, records, or determines the outcome of any wager, including without limitation: electronic, electrical, or mechanical devices for the making or recording of wagers; any system for displaying or determining wager information; any kiosk, terminal, or other device for the redemption of a wager; computer monitoring systems; and hardware and software related to any item described herein.
"Wagering kiosk": Any kiosk, terminal, machine, or other device through which a patron may place an in person wager without requiring the involvement of an employee.
(Source: Added by emergency rulemaking at 44 Ill. Reg. 314, effective December 19, 2020, for a maximum of 150 days; emergency rule amended by emergency rulemaking at 44 Ill. Reg. 4062, effective February 26, 2020, for the remainder of the 150 days)
SUBPART C: STANDARDS OF CONDUCT
Section 19001800.310 Grounds for Disciplinary Actions EMERGENCY
a) Holders of any license issued under the Act and identified key persons shall be subject to imposition of fines, suspension, revocation or restriction of license, or other disciplinary action for any act or failure to act by themselves, their agents, their employees, or any other contracted third party, or by their agents or employees that is injurious to the public health, safety, morals, good order and general welfare of the people of the State of Illinois, or that would discredit or tend to discredit the Illinois sports wagering industry or the State of Illinois. Without limiting the provisions of this subsection (a), the following acts or omissions may be grounds for discipline:
1) Failing to comply with or make provision for compliance with the Act, this Part, any federal, State or local law or regulation, or a control system or protocol mandated by the Board;
2) Failing to comply with any order or ruling of the Board or its agents pertaining to the regulation of sports wagering in Illinois;
ILLINOIS REGISTER 4077 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
3) Being found ineligible or having an application for a gaming license denied, or having a gaming license of any kind revoked or suspended in any state or other gaming jurisdiction;
4) Employing, associating with, or participating in any enterprise or business with a documented or identifiable organized crime group or recognized organized crime figure;
5) Employing, associating with, or participating in any enterprise or business with persons of notorious or unsavory reputation or who have extensive police records, or who have failed to cooperate with any officially constituted investigatory or administrative body;
6) Failing to establish and maintain standards and procedures designed to prevent ineligible or unsuitable persons from being employed by the licensee;
7) Misrepresenting any information to the Board or Board staff;
8) Intentionally making, causing to be made, or aiding, assisting, or procuring another to make any false statement in any report, disclosure, application, permit, form, or any other document, including improperly notarized documents, required by the Act, this Part or Board requirements;
9) Submitting tardy, inaccurate, or incomplete material or information to the Board;
10) Obstructing or impeding the lawful activities of the Board or its agents;
11) Willfully or repeatedly failing to pay amounts due or to be remitted to the State;
12) Failing to timely pay amounts due or to be remitted to the State;
13) Failing to timely pay a fine imposed by the Board;
14) Failing to respond in a timely manner to communications from the Board or its agents;
ILLINOIS REGISTER 4078 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
15) Being unavailable to the Board or its representatives or agents;
16) Aiding and abetting a violation by a Board member or employee, or other government official, of a requirement established by statute, resolution, ordinance, personnel code or code of conduct;
17) Violations of the Act or this Part by any person identified as a Key Person;
18) Employing, associating with, or participating in any enterprise or business with a person determined unsuitable to be a licensee or a key person of an applicant or licensee by the Board or any other gaming jurisdiction;
19) Facilitating, enabling or participating in sports wagering other than in accordance with the Act;
20) Engaging in, or facilitating, any unfair methods of competition or unfair or deceptive acts or practices, including, but not limited to, the use or employment of any deception, fraud, false pretense, false promise or misrepresentation, or the concealment, suppression or omission of any material fact in the conduct of any sports wagering operation;
21) Acting in bad faith in the conduct of any business, transaction, or interaction with any other licensee, applicant, or the Board;
22) Failing to maintain minimum qualifications for licensure; orand
23) Any cause that, if known to the Board, would have disqualified the applicant from receiving a license. b) A licensee whose employment has been terminated is subject to revocation of license for any act or failure to act that occurred while licensed. c) A person who has had a license revoked by the Board may not reapply for a license without permission from the Board.
(Source: Added by emergency rulemaking at 44 Ill. Reg. 314, effective December 19, 2020, for a maximum of 150 days; emergency rule amended by emergency rulemaking at 44 Ill. Reg. 4062, effective February 26, 2020, for the remainder of the 150 days)
ILLINOIS REGISTER 4079 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
SUBPART G: LICENSING PROCEDURES
Section 1900.710 Submission of Applications EMERGENCY
a) Applicants shall submit electronic copies of the application forms in the manner provided for in the instructions contained in the forms.
b) Application Forms.
1) Master sports wagering license and management services provider license.
A) An applicant that holds or is a current applicant for an owners license or organization gaming license under the Illinois Gambling Act may submit a Master Sports Wagering License Application/Management Services Provider License Application (Short Form). The applicant must also submit all required forms and documents referenced in the License Application (Short Form).
B) All other applicants for a master sports wagering license and management services provider license shall submit a Master Sports Wagering/Management Services Provider License Application, and must include Business Entity Disclosure Forms or Individual Key Person Personal Disclosure Forms for each of the applicant's key persons.
2) Supplier license and tier 2 official league data provider license.
A) An applicant that holds or is a current applicant for a supplier license under the Illinois Gambling Act or a manufacturer, distributor, or supplier license under the Video Gaming Act may submit a Sports Wagering Act Supplier/Tier 2 Official League Data Provider License Application (Short Form). The applicant must also submit all required forms and documents referenced in the License Application (Short Form).
B) All other applicants shall submit a Supplier's License Application Form, and must include Business Entity Disclosure Forms or
ILLINOIS REGISTER 4080 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
Individual Key Person Personal Disclosure Forms for each of the applicant's Key Persons.
3) Occupational license.
A) Applicants for a level 1 occupational license shall submit a Personal Disclosure Form 1.
B) Applicants for a level 2 occupational license shall submit a Personal Disclosure Form 2.
C) Applicants for a level 3 occupational license shall submit a Personal Disclosure Form 3.
D) All applicants for occupational licenses shall be photographed and fingerprinted. c) Additional Forms. To be considered complete, an application must also include any additional forms as identified in Sections 1900.715 and 1900.720. d) The Board may require further materials in addition to those identified in subsection (b) if after review of the submitted materials the Board determines additional information is necessary to determine the applicant's suitability for licensure. e) Application Process.
1) Each individual applicant or key person shall submit with the application, on forms prescribed by the Board, two sets of his or her fingerprints. Each individual applicant and key person shall be photographed and fingerprinted at the time of application at a place designated by the Administrator.
2) An application shall be deemed filed when the completed application form, including all required documents, materials, necessary fingerprinting, and the application fee, if any, have been submitted to the Board.
ILLINOIS REGISTER 4081 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
f) Amendments and Incorporation by Reference. Upon written request, the Administrator may allow information, documents, or other materials submitted by an applicant to be incorporated by reference into a subsequent application.
(Source: Added by emergency rulemaking at 44 Ill. Reg. 314, effective December 19, 2020, for a maximum of 150 days; emergency rule amended by emergency rulemaking at 44 Ill. Reg. 4062, effective February 26, 2020, for the remainder of the 150 days)
Section 1900.740 Renewal of Licenses EMERGENCY
a) The Board may only renew a license upon receipt of any completed renewal forms required by the Board and the applicable renewal fee, except in the case of tier 2 official league data provider licenses. The renewal fee for a tier 2 league data provider license shall be due 30 days after the date of renewal.
b) A license other than a tier 2 official league data provider license shall expire if the renewal fee is not received by the Board prior to the first regular Board meeting held in or after the month in which the license was issued. A tier 2 league data provider license shall expire if the renewal fee is not received by the Board within 30 days after the first day of the month in which the license was issued, regardless of any Board action decision to otherwise renew the license.
c) The Board shall only renew a license if the licensee continues to meet all qualifications for licensure set forth in the Act and this Part.
d) Upon the expiration of an initial license a license may be renewed for the following terms:
1) A master sports wagering or management services provider license may be renewed for a term of four years.
2) A Tier 2 Official League Data Provider license may be renewed for a term of three years.
3) A supplier or occupational license may be renewed for a term of one year.
e) Applications for renewal.
ILLINOIS REGISTER 4082 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
1) Applicants for renewal of master sports wagering, management services provider, supplier, and tier 2 official league data provider licenses shall submit a renewal application on forms promulgated by the Board.
2) Applications for renewal shall include Business Entity or Personal Disclosure forms from each key person or level 1 occupational licensee
3) Applications for renewal shall be electronically submitted, in a manner designated by the Administrator, no less than 90 days prior to the first day of the month in which the license was issued unless a later date is authorized in writing by the Administrator.
4) Applications for renewal of a license, except a tier 2 official league data provider license, must be accompanied by any renewal fee required by the Act. f) Exceptions
1) A master sports wagering licensee that holds an owners license or organization gaming license pursuant to the Illinois Gambling Act is not required to submit an application for renewal, but must submit the required renewal fee no less than 90 days prior to the first day of the month in which the license was issued unless a later date is authorized in writing by the Administrator.
2) Occupational licensees are not required to submit an application for renewal, but must submit the required annual license fee no less than 3090 days prior to the first day of the month in which the license was issued unless a later date is authorized in writing by the Administrator. g) Applicants for renewal shall include at minimum, the following information:
1) An updated organizational chart of the licensee showing parent and subsidiary entities in relation to the licensee, including a separate listing of all Key Persons of the licensee;
2) Key person and level 1 occupational licensee disclosure updates;
ILLINOIS REGISTER 4083 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
3) The most recent year-end financial statements, including the most recent Form 10K and 10Q filings with the Securities and Exchange Commission by the licensee and its parent company if they are publicly held corporations;
4) A list of revenues derived from Illinois sports wagering operations during the previous licensing period, categorized according to date and licensee;
5) Any and all fees received from management agreements or consulting services with holder of a master sports wagering license, and the basis for the calculation of fees received;
6) Any specific plans for changes in the financing, ownership or organization of the licensed entity;
7) Disclosure of any past or pending disciplinary taken against the licensee or its affiliated entities in any other jurisdictions;
8) Disclosure of any past or pending material litigation involving the licensee, its parent corporation and subsidiaries, and any Key Person;
9) If applicable, any and all equipment, devices and supplies offered for sale or lease in connection with sports wagering authorized under the Act and this Part; and
10) An affidavit certifying the licensee is in compliance with required payment of all applicable federal and State taxes. h) The Board shall base its decision on an application for renewal upon the same qualifications for initial licensure under Subpart E. The Board may consider any additional relevant information, including but not limited to:
1) The timeliness and responsiveness of the information submitted by the licensee pursuant to this Section;
2) The Board's analysis of the licensee's operations, including the nature, frequency, extent and any pattern of past violations of the Act and this Part;
ILLINOIS REGISTER 4084 20 ILLINOIS GAMING BOARD
NOTICE OF EMERGENCY AMENDMENTS TO EMERGENCY RULE
3) The financial status and the current and projected financial viability of the entity;
4) The owner licensee's pattern of compliance exhibited through quarterly, special and annual compliance reviews or audits performed by the Board staff or contract audit firms;
5) The overall adherence of the licensee to all requirements of the Act and this Part; and
6) Any other information the Board deems appropriate. i) Action of the Board
1) The Board shall act at a public meeting on the renewal of a license.
2) If the Board decides to deny license renewal, it shall issue the applicant a Notice of Denial. The Notice of Denial shall be served upon the applicant in accordance with Section 1900.160. j) Request for Hearing.
1) An applicant who is served with a Notice of Denial may request a hearing in accordance with Subpart H.
2) If a hearing is not requested, the Notice of Denial becomes the final order of the Board denying the applicant's license application.
(Source: Added by emergency rulemaking at 44 Ill. Reg. 314, effective December 19, 2020, for a maximum of 150 days; emergency rule amended by emergency rulemaking at 44 Ill. Reg. 4062, effective February 26, 2020, for the remainder of the 150 days)
ILLINOIS REGISTER 4085 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
1) Heading of the Part: Public Schools Evaluation, Recognition and Supervision
2) Code Citation: 23 Ill. Adm. Code 1
3) Section Number: Emergency Action: 1.285 Amendment
4) Statutory Authority: 105 ILCS 5/2-3.130, 10-20.33, and 34-18.20
5) Effective Date of Emergency Rule: February 25, 2020
6) If this emergency amendment is to expire before the end of the 150-day period, please specify the date on which it is to expire: No
7) Date Filed with the Index Department: February 25, 2020
8) A statement that a copy of the 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: A second emergency amendment is being filed to the emergency rules to allow for the use of isolated time out in very limited circumstances. This amendment is necessary due to significant concerns expressed over the safety of students and the supervising adult when a student is unable to cease engaging in behavior that creates an imminent danger of serious physical harm. ISBE is committed to ensuring that schools are safe learning environments for both students and school personnel.
10) A Complete Description of the Subjects and Issues Involved: The emergency amendment allows for the use of isolated time out, defines the term, and makes conforming changes.
11) Are there any rulemakings pending on this Part? Yes
Section Numbers: Proposed Actions: Illinois Register Citations: 1.442 Repealed 43 Ill. Reg. 14596; December 20, 2019 1.280 Amendment 43 Ill. Reg. 14611; December 20, 2019 1.285 Amendment 43 Ill. Reg. 14611; December 20, 2019
ILLINOIS REGISTER 4086 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
12) Statement of Statewide Policy Objective: This rulemaking will not create or enlarge a State mandate.
13) Information and questions regarding this emergency rule shall be directed to:
Azita Kakvand Agency Rules Coordinator Illinois State Board of Education 100 North First Street Springfield IL 62777-0001
217/782-6510 [email protected]
The full text of the Emergency Amendment to Emergency Rule begins on the next page:
ILLINOIS REGISTER 4087 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER a: PUBLIC SCHOOL RECOGNITION
PART 1 PUBLIC SCHOOLS EVALUATION, RECOGNITION AND SUPERVISION
SUBPART A: RECOGNITION REQUIREMENTS
Section 1.10 Public School Accountability Framework 1.20 Operational Requirements 1.30 State Assessment 1.40 Adequate Yearly Progress 1.50 Calculation of Participation Rate 1.60 Subgroups of Students; Inclusion of Relevant Scores 1.70 Additional Indicators for Adequate Yearly Progress 1.75 Student Information System 1.77 Educator Licensure Information System (ELIS) 1.79 School Report Card 1.80 Academic Early Warning and Watch Status 1.85 School and District Improvement Plans; Restructuring Plans 1.88 Additional Accountability Requirements for Districts Serving Students of Limited English Proficiency under Title III 1.90 System of Rewards and Recognition − The Illinois Honor Roll 1.95 Appeals Procedure 1.97 Survey of Learning Conditions 1.100 Waiver and Modification of State Board Rules and School Code Mandates 1.110 Appeal Process under Section 22-60 of the School Code
SUBPART B: SCHOOL GOVERNANCE
Section 1.210 Approval of Providers of Training for School Board Members under Section 10- 16a of the School Code 1.220 Duties of Superintendent (Repealed) 1.230 Board of Education and the School Code (Repealed) 1.240 Equal Opportunities for all Students
ILLINOIS REGISTER 4088 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
1.242 Temporary Exclusion for Failure to Meet Minimum Academic or Attendance Standards 1.245 Waiver of School Fees 1.250 District to Comply with 23 Ill. Adm. Code 180 (Repealed) 1.260 Commemorative Holidays to be Observed by Public Schools (Repealed) 1.270 Book and Material Selection (Repealed) 1.280 Discipline EMERGENCY 1.285 Requirements for the Use of Isolated Time Out, Time Out, and Physical Restraint EMERGENCY 1.290 Absenteeism and Truancy Policies
SUBPART C: SCHOOL DISTRICT ADMINISTRATION
Section 1.310 Administrative Qualifications and Responsibilities 1.320 Evaluation of Licensed Educators 1.330 Toxic Materials Training
SUBPART D: THE INSTRUCTIONAL PROGRAM
Section 1.410 Determination of the Instructional Program 1.420 Basic Standards 1.422 Electronic Learning (E-Learning) Days Pilot Program 1.423 Competency-Based High School Graduation Requirements Pilot Program 1.425 Additional Criteria for Physical Education 1.430 Additional Criteria for Elementary Schools 1.440 Additional Criteria for High Schools 1.442 State Seal of Biliteracy 1.443 Illinois Global Scholar Certificate 1.445 Required Course Substitute 1.450 Special Programs (Repealed) 1.460 Credit Earned Through Proficiency Examinations 1.462 Uniform Annual Consumer Education Proficiency Test (Repealed) 1.465 Ethnic School Foreign Language Credit and Program Approval 1.470 Adult and Continuing Education 1.480 Correctional Institution Educational Programs
ILLINOIS REGISTER 4089 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
SUBPART E: SUPPORT SERVICES
Section 1.510 Transportation 1.515 Training of School Bus Driver Instructors 1.520 Home and Hospital Instruction 1.530 Health Services 1.540 Undesignated Epinephrine Auto-injectors; Opioid Antagonists
SUBPART F: STAFF LICENSURE REQUIREMENTS
Section 1.610 Personnel Required to be Qualified 1.620 Accreditation of Staff (Repealed) 1.630 Paraprofessionals; Other Unlicensed Personnel 1.640 Requirements for Different Certificates (Repealed) 1.650 Transcripts of Credits 1.660 Records of Professional Personnel
SUBPART G: STAFF QUALIFICATIONS
Section 1.700 Requirements for Staff Providing Professional Development 1.705 Requirements for Supervisory and Administrative Staff 1.710 Requirements for Elementary Teachers 1.720 Requirements for Teachers of Middle Grades 1.730 Minimum Requirements for Secondary Teachers and Specified Subject Area Teachers in Grades 6 and Above through June 30, 2004 1.735 Requirements to Take Effect from July 1, 1991, through June 30, 2004 1.736 Requirements to Take Effect from July 1, 1994, through June 30, 2004 1.737 Minimum Requirements for the Assignment of Teachers in Grades 9 through 12 Beginning July 1, 2004 1.740 Standards for Reading through June 30, 2004 1.745 Requirements for Reading Teachers and Reading Specialists at all Levels as of July 1, 2004 1.750 Standards for Media Services through June 30, 2004 1.755 Requirements for Library Information Specialists Beginning July 1, 2004 1.760 Standards for School Support Personnel Services 1.762 Supervision of Speech-Language Pathology Assistants
ILLINOIS REGISTER 4090 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
1.770 Standards for Special Education Personnel 1.780 Standards for Teachers in Bilingual Education Programs 1.781 Requirements for Bilingual Education Teachers in Prekindergarten, Kindergarten and any of Grades 1-12 1.782 Requirements for Teachers of English as a Second Language in Prekindergarten, Kindergarten and any of Grades 1-12 1.783 Requirements for Administrators of Bilingual Education Programs 1.790 Substitute Teacher 1.792 Short-Term Substitute Teacher 1.794 Substitute Teachers; Recruiting Firms
1.APPENDIX A Professional Staff Educator Licensure 1.APPENDIX B Competency-Based High School Graduation Requirements Pilot Program Criteria for Review 1.APPENDIX C Glossary of Terms (Repealed) 1.APPENDIX D State Goals for Learning 1.APPENDIX E Evaluation Criteria – Student Performance and School Improvement Determination (Repealed) 1.APPENDIX F Criteria for Determination – Student Performance and School Improvement (Repealed) 1.APPENDIX G Criteria for Determination – State Assessment (Repealed) 1.APPENDIX H Guidance and Procedures for School Districts Implementing the Illinois Global Scholar Certificate
AUTHORITY: Implementing Sections 2-3.25, 2-3.25g, 2-3.44, 2-3.96, 2-3.159, 10-17a, 10- 20.14, 10-21.4a,10-22.43a, 21B-5, 21B-20, 22-30, 22-60, 24-24, 26-13, 27-3.5, 27-6, 27-12.1, 27-13.1, 27-20.3, 27-20.4, 27-20.5, 27-22, 27-23.3 and 27-23.8 and authorized by Section 2-3.6 of the School Code [105 ILCS 5].
SOURCE: Adopted September 21, 1977; codified at 7 Ill. Reg. 16022; amended at 9 Ill. Reg. 8608, effective May 28, 1985; amended at 9 Ill. Reg. 17766, effective November 5, 1985; emergency amendment at 10 Ill. Reg. 14314, effective August 18, 1986, for a maximum of 150 days; amended at 11 Ill. Reg. 3073, effective February 2, 1987; amended at 12 Ill. Reg. 4800, effective February 26, 1988; amended at 14 Ill. Reg. 12457, effective July 24, 1990; amended at 15 Ill. Reg. 2692, effective February 1, 1991; amended at 16 Ill. Reg. 18010, effective November 17, 1992; expedited correction at 17 Ill. Reg. 3553, effective November 17, 1992; amended at 18 Ill. Reg. 1171, effective January 10, 1994; emergency amendment at 19 Ill. Reg. 5137, effective March 17, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 6530, effective May 1, 1995; amended at 19 Ill. Reg. 11813, effective August 4, 1995; amended at 20 Ill. Reg. 6255,
ILLINOIS REGISTER 4091 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE effective April 17, 1996; amended at 20 Ill. Reg. 15290, effective November 18, 1996; amended at 22 Ill. Reg. 22233, effective December 8, 1998; emergency amendment at 24 Ill. Reg. 6111, effective March 21, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 12985, effective August 14, 2000; amended at 25 Ill. Reg. 8159, effective June 21, 2001; amended at 25 Ill. Reg. 16073, effective November 28, 2001; amended at 26 Ill. Reg. 1157, effective January 16, 2002; amended at 26 Ill. Reg. 16160, effective October 21, 2002; amended at 28 Ill. Reg. 8486, effective June 1, 2004; emergency amendment at 28 Ill. Reg. 13637, effective September 27, 2004, for a maximum of 150 days; amended at 29 Ill. Reg. 1891, effective January 24, 2005; amended at 29 Ill. Reg. 11811, effective July 13, 2005; amended at 29 Ill. Reg. 12351, effective July 28, 2005; amended at 29 Ill. Reg. 15789, effective October 3, 2005; amended at 29 Ill. Reg. 19891, effective November 23, 2005; amended at 30 Ill. Reg. 8480, effective April 21, 2006; amended at 30 Ill. Reg. 16338, effective September 26, 2006; amended at 30 Ill. Reg. 17416, effective October 23, 2006; amended at 31 Ill. Reg. 5116, effective March 16, 2007; amended at 31 Ill. Reg. 7135, effective April 25, 2007; amended at 31 Ill. Reg. 9897, effective June 26, 2007; amended at 32 Ill. Reg. 10229, effective June 30, 2008; amended at 33 Ill. Reg. 5448, effective March 24, 2009; amended at 33 Ill. Reg. 15193, effective October 20, 2009; amended at 34 Ill. Reg. 2959, effective February 18, 2010; emergency amendment at 34 Ill. Reg. 9533, effective June 24, 2010, for a maximum of 150 days; amended at 34 Ill. Reg. 17411, effective October 28, 2010; amended at 35 Ill. Reg. 1056, effective January 3, 2011; amended at 35 Ill. Reg. 2230, effective January 20, 2011; amended at 35 Ill. Reg. 12328, effective July 6, 2011; amended at 35 Ill. Reg. 16743, effective September 29, 2011; amended at 36 Ill. Reg. 5580, effective March 20, 2012; amended at 36 Ill. Reg. 8303, effective May 21, 2012; amended at 38 Ill. Reg. 6127, effective February 27, 2014; amended at 38 Ill. Reg. 11203, effective May 6, 2014; amended at 39 Ill. Reg. 2773, effective February 9, 2015; emergency amendment at 39 Ill. Reg. 12369, effective August 20, 2015, for a maximum of 150 days; amended at 39 Ill. Reg. 13411, effective September 24, 2015; amended at 40 Ill. Reg. 1900, effective January 6, 2016; amended at 40 Ill. Reg. 2990, effective January 27, 2016; amended at 40 Ill. Reg. 4929, effective March 2, 2016; amended at 40 Ill. Reg. 12276, effective August 9, 2016; emergency amendment at 40 Ill. Reg. 15957, effective November 18, 2016, for a maximum of 150 days; amended at 41 Ill. Reg. 126, effective December 27, 2016; amended at 41 Ill. Reg. 4430, effective April 5, 2017; amended at 41 Ill. Reg. 6924, effective June 2, 2017; emergency amendment at 41 Ill. Reg. 8932, effective June 28, 2017, for a maximum of 150 days; amended at 41 Ill. Reg. 14044, effective November 3, 2017; amended at 42 Ill. Reg. 11512, effective June 8, 2018; amended at 43 Ill. Reg. 3792, effective February 28, 2019; amended at 43 Ill. Reg. 10213, effective August 30, 2019; amended at 43 Ill. Reg. 10718, effective September 11, 2019; amended at 43 Ill. Reg. 13324, effective October 29, 2019; emergency amendment at 43 Ill. Reg. 14305, effective November 20, 2019, for a maximum of 150 days; emergency amendment to emergency rule at 43 Ill. Reg. 14941, effective December 4, 2019, for the remainder of the 150 days; emergency
ILLINOIS REGISTER 4092 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE amendment to amended emergency rule at 44 Ill. Reg. 4085, effective February 25, 2020, for the remainder of the 150 days; amended at 44 Ill. Reg. 1929, effective January 13, 2020.
SUBPART B: SCHOOL GOVERNANCE
Section 1.285 Requirements for the Use of Isolated Time Out, Time Out, and Physical Restraint EMERGENCY
Isolated time out, timeTime out, and physical restraint as defined in this Section shall be used only for therapeutic purposes, or as a means of maintaining a safe environment for learning, to the extent necessary to preserve the safety of students and others. Isolated time out,Neither time out, or nor physical restraint shall not be used as a form of punishment.
a) Isolated Time Out or Time Out
1) "Isolated time out" means the involuntary confinement of a student alone in a time out room or other enclosure outside the classroom without a supervising adult in the time out room or enclosure. Isolated time out is allowed only under limited circumstances. If all other requirements under this Section are met, isolated time out may be used only when the adult in the time out room or enclosure is in imminent danger of serious physical harm because the student is unable to cease actively engaging in extreme physical aggression.
2) "Time out" means a behavior management technique that involves the monitored separation of a student from classmates with a trained adult for part of the school day, usually for a brief time, in a non-locked setting.
31) Any enclosure used for isolated time out or time out shall:
A) meet all of the health/life safety requirements of 23 Ill. Adm. Code 180;
B) have the same ceiling height as the surrounding room or rooms and be large enough to accommodate not only the student being placed on isolated time out or time out but also, if applicable, the other individual who is required to accompany that student under this Section; and
ILLINOIS REGISTER 4093 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
C) be constructed of materials that cannot be used by students to harm themselves or others, be free of electrical outlets, exposed wiring, and other objects that could be used by students to harm themselves or others, and be designed so that students cannot climb up the walls.
42) If an enclosure used for isolated time out or time out is fitted with a door, the door shall not be locked at any time during the time out.
53) For time out, anAn adult trained under this Section who is responsible for supervising the student must remain in the same room as the student at all times during the time outwith the student at all times during the time out.
6) For an isolated time out, an adult who is responsible for supervising the student must remain within two feet of the enclosure. The supervising staff member must always be able to see, hear, and communicate with the student. The door shall not be locked or held to block egress. A student in isolated time out shall not be supervised using cameras, audio recording, or any other electronic monitoring device.
7) A student placed in isolated time out or time out must have reasonable access to food, water, medication, and toileting facilities. Except in circumstances in which there is a risk of self-injury or injury to staff or others, a student in isolated time out or time out shall not have his or her clothing removed, including, but not limited to, shoes, shoelaces, boots, or belts. b) "Physical restraint" means holding a student or otherwise restricting the student's movements. "Physical restraint" as permitted pursuant to this Section includes only the use of specific, planned techniques (e.g., the "basket hold" and "team control"). A physical restraint shall not impair a student's ability to breath or speak normally. Prone or supine physical restraint shall not be permitted, except if all of the following criteria are met:
1) Before using a prone or supine physical restraint, the school district or other entity serving the student shall review and determine if there are no known medical or psychological limitations that contraindicate the use of a prone or supine restraint.
ILLINOIS REGISTER 4094 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
2) The school district or other entity serving the student deems the situation an emergency, defined as a situation in which immediate intervention is needed to protect a student or other individual from imminent danger of causing serious physical harm to himself, herself, or others and less restrictive and intrusive interventions have been tried and proven ineffective in stopping the imminent danger.
3) Prone or supine physical restraint is used in a manner that does not restrict or impair a student's ability to breathe or communicate normally, obstruct a student's airway, or interfere with a student's primary mode of communication.
4) Prone or supine physical restraints are used only by personnel with required credentials who have completed required training under this Section.
5) Prone and supine restraints are used only if those interventions are the least restrictive and intrusive interventions to address the emergency and stop the imminent danger of serious physical harm to the student or others. During each incident, one school staff person trained in identifying the signs of distress must be assigned to observe the student during the entire incident. That staff person may not be involved in the physical holding of the student. The number of staff involved in physically restraining the student may not exceed the number necessary to safely hold the student.
6) The prone or supine physical restraint ends immediately when the threat of imminent serious physical harm ends, but in no event shall prone or supine physical restraint last longer than 30 minutes. If, after 30 minutes, the emergency has not resolved or if an additional emergency arises the same school day that meets the standards under subsection (b)(2), a school administrator, in consultation with a psychologist, social worker, nurse, or behavior specialist may authorize the continuation of the restraint or an additional prone or supine restraint. No restraint may be continued nor may additional restraints be applied unless it is authorized by a school administrator.
7) If the student is restrained in a prone or supine physical restraint in at least 2 separate instances within a 30-school day period, the school personnel
ILLINOIS REGISTER 4095 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
who initiated, monitored, and supervised the incidents shall initiate a review of the effectiveness of the procedures used. If the personnel involved in the restraints do not include a psychologist, social worker, nurse, or behavior specialist, at least one of those staff members must be included in the review. The review must include, but is not limited to:
A) conducting or reviewing a functional behavioral analysis, reviewing data, considering developing additional or revised positive behavioral interventions and supports, considering actions to reduce the use of restrictive procedures, or, if applicable, modifying the individualized educational program or the behavior intervention plan, as appropriate; and
B) reviewing any known medical or psychological limitations that contraindicate the use of a restrictive procedure, considering whether to prohibit that restrictive procedure, and, if applicable, documenting any prohibition in the individualized education program or behavior intervention plan. c) The requirements set forth in subsections (d) through (i) of this Section shall not apply to the actions described in this subsection (c) because, pursuant to Section 10-20.33 of the School Code [105 ILCS 5/10-20.33], "restraint" does not include momentary periods of physical restriction by direct person-to-person contact, without the aid of material or mechanical devices, accomplished with limited force and designed to:
1) prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property; or
2) remove a disruptive student who is unwilling to leave the area voluntarily. d) The use of physical restraint shall be subject to the following requirements.
1) Pursuant to Section 10-20.33 of the School Code, physical restraint may only be employed when:
A) the student poses a physical risk to himself, herself, or others,
B) there is no medical contraindication to its use, and
ILLINOIS REGISTER 4096 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
C) the staff applying the restraint have been trained in its safe application as specified in subsection (i)(2) of this Section.
2) Students shall not be subjected to physical restraint for using profanity or other verbal displays of disrespect for themselves or others. A verbal threat shall not be considered as constituting a physical danger unless a student also demonstrates a means of or intent to carry out the threat.
3) Except as permitted by the administrative rules of another State agency operating or licensing a facility in which elementary or secondary educational services are provided (e.g., the Illinois Department of Corrections, the Illinois Department of Juvenile Justice, or the Illinois Department of Human Services), mechanical or chemical restraint (i.e., the use of any device other than personal physical force to restrict the limbs, head, or body) shall not be employed.
4) Medically prescribed restraint procedures employed for the treatment of a physical disorder or for the immobilization of a person in connection with a medical or surgical procedure shall not be used as means of physical restraint for purposes of maintaining discipline.
5) Any application of physical restraint shall take into consideration the safety and security of the student. Physical restraint shall not rely upon pain as an intentional method of control.
6) In determining whether a student who is being physically restrained should be removed from the area where the restraint was initiated, the supervising adult shall consider the potential for injury to the student, the student's need for privacy, and the educational and emotional well-being of other students in the vicinity.
7) If physical restraint is imposed upon a student whose primary mode of communication is sign language or an augmentative mode, the student shall be permitted to have his or her hands free of restraint for brief periods, unless the supervising adult determines that this freedom appears likely to result in harm to the student or others. e) Time Limits
ILLINOIS REGISTER 4097 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
1) A student shall not be kept in isolated time out or time out for longer than is therapeutically necessary. No less than once every 15 minutes, the trained adult must assess whether the student has ceased presenting the specific behavior for which the isolated time out or time out was imposed.
2) A student shall be released from physical restraint immediately upon a determination by the staff member administering the restraint that the student is no longer in imminent danger of causing physical harm to himself, herself, or others. f) Documentation and Evaluation
1) In a form and manner prescribed by the State Superintendent, a written record of each episode of isolated time out, time out, or physical restraint shall be maintained in the student's temporary record. The official designated under this Section shall also maintain a copy of each of these records. Each record shall include, but is not limited to, all of the following:
A) the student's name;
B) the date of the incident;
C) the beginning and ending times of the incident;
D) a description of any relevant events leading up to the incident;
E) a description of any interventions used prior to the implementation of isolated time out, time out, or physical restraint;
F) a description of the incident and/or student behavior that resulted in isolated time out, time out, or physical restraint;
G) for isolated time out, a description of the rationale for why the needs of the student could not have been met by a less restrictive intervention and why an adult could not be present in the time out room;
ILLINOIS REGISTER 4098 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
HG) a log of the student's behavior in isolated time out or time out or during physical restraint, including a description of the restraint techniques used and any other interaction between the student and staff;
IH) a description of any injuries (whether to students, staff, or others) or property damage;
JI) a description of any planned approach to dealing with the student's behavior in the future;
KJ) a list of the school personnel who participated in the implementation, monitoring, and supervision of isolated time out, time out, or physical restraint;
LK) the date on which parental notification took place as required by subsection (g) of this Section.
2) The school official designated under this Section shall be notified of the incident as soon as possible, but no later than the end of the school day on which it occurred.
3) The record described in subsection (f)(1) of this Section shall be completed by the beginning of the school day following the episode of isolated time out, time out, or physical restraint.
4) The requirements of this subsection (f)(4) shall apply whenever an episode of isolated time out or time out exceeds 30 minutes, an episode of physical restraint exceeds 15 minutes, or repeated episodes have occurred during any three-hour period.
A) A licensed educator knowledgeable about the use of isolated time out or time out or trained in the use of physical restraint, as applicable, shall evaluate the situation.
B) The evaluation shall consider the appropriateness of continuing the procedure in use, including the student's potential need for medication, nourishment, or use of a restroom, and the need for alternate strategies (e.g., assessment by a mental health crisis team,
ILLINOIS REGISTER 4099 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
assistance from police, or transportation by ambulance).
C) The results of the evaluation shall be committed to writing and copies of this documentation shall be placed into the student's temporary student record and provided to the official designated under this Section.
5) When a student experiences three instances of non-therapeutic isolated time out, time out, or physical restraint, the school personnel who initiated, monitored, and supervised the incidents shall initiate a review of the effectiveness of the procedures used and prepare an individual behavior plan for the student that provides either for continued use of these interventions or for the use of other, specified interventions. The plan shall be placed into the student's temporary student record. The review shall also consider the student's potential need for an alternative program or for special education eligibility, or, for a student already eligible for special education, change in program.
A) The district or other entity serving the student shall invite the student's parents or guardians to participate in this review and shall provide ten days' notice of its date, time, and location.
B) The notification shall inform the parents or guardians that the student's potential need for special education, an alternative program, or, for students already eligible for special education, the student's potential need for a change in program, will be considered and that the results of the review will be entered into the temporary student record. g) Notification to Parents
1) A district whose policies on the maintenance of discipline include the use of isolated time out, time out, or physical restraint shall notify parents to this effect as part of the information distributed annually or upon enrollment pursuant to Sections 10-20.14 and 14-8.05(c) of the School Code [105 ILCS 5/10-20.14 and 14-8.05(c)].
2) Within 24 hours after any use of isolated time out, time out, or physical restraint, the school district or other entity serving the student shall send
ILLINOIS REGISTER 4100 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
the form required under subsection (f)(1) to the student's parents. h) Report to the State Superintendent
1) No later than 48 hours after any use of isolated time out, time out, or physical restraint, the school district or other entity serving the student shall, in a form and manner prescribed by the State Superintendent, submit the information required under subsection (f)(1) to the State Superintendent.
2) The State Superintendent reserves the authority to require districts to submit the information required under subsection (f)(1) for previous school years. i) Requirements for Training
1) Any adult who is supervising a student in isolated time out, time out, or applying physical restraint shall be trained in de-escalation, restorative practices, and behavior management practices.
2) Isolated Time Out or Time Out Each district, cooperative, or joint agreement whose policy permits the use of isolated time out or time out shall provide training.
3) Physical Restraint
A) Physical restraint as defined in this Section shall be applied only by individuals who have received systematic training that includes all the elements described in subsection (i)(3)(B) of this Section and who have received a certificate of completion or other written evidence of participation. An individual who applies physical restraint shall use only techniques in which he or she has received training within the preceding two years, as indicated by written evidence of participation.
B) Training with respect to physical restraint may be provided either by the employer or by an external entity and shall include, but need not be limited to:
ILLINOIS REGISTER 4101 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
i) appropriate procedures for preventing the need for physical restraint, including the de-escalation of problematic behavior, relationship-building, and the use of alternatives to restraint;
ii) a description and identification of dangerous behaviors on the part of students that may indicate the need for physical restraint and methods for evaluating the risk of harm in individual situations in order to determine whether the use of restraint is warranted;
iii) the simulated experience of administering and receiving a variety of physical restraint techniques, ranging from minimal physical involvement to very controlling interventions;
iv) instruction regarding the effects of physical restraint on the person restrained, including instruction on monitoring physical signs of distress and obtaining medical assistance;
v) instruction regarding documentation and reporting requirements and investigation of injuries and complaints; and
vi) demonstration by participants of proficiency in administering physical restraint.
C) An individual may provide training to others in a particular method of physical restraint only if he or she has received written evidence of completing training in that technique that meets the requirements of subsection (i)(3)(B) of this Section within the preceding one-year period. j) Any use of isolated time out, time out, or physical restraint permitted by a board's policy shall include:
1) the circumstances under which isolated time out, time out, or physical restraint will be applied;
ILLINOIS REGISTER 4102 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
2) a written procedure to be followed by staff in cases of isolated time out, time out, or physical restraint;
3) designation of a school official who will be informed of incidents and maintain the documentation required under this Section when isolated time out, time out, or physical restraint is used;
4) the process the district or other entity serving public school students will use to evaluate any incident that results in an injury to the affected student;
5) a description of the district's or other entity's annual review of the use of isolated time out, time out, or physical restraint, which shall include at least:
A) the number of incidents involving the use of these interventions;
B) the location and duration of each incident;
C) identification of the staff members who were involved;
D) any injuries or property damage that occurred; and
E) the timeliness of parental notification, timelines of agency notification, and administrative review. k) Complaint Procedures
1) Any parent, individual, organization, or advocate may file a signed, written complaint with the State Superintendent alleging that a local school district or other entity serving the student has violated this Section. The complaint shall include the facts on which the complaint is based; the signature and contact information for the complainant; the names and addresses of the students involved (and the name of the school of attendance), if known; a description of the nature of the problem, including any facts relating to the problem; and a proposed resolution of the problem to the extent known.
ILLINOIS REGISTER 4103 20 ILLINOIS STATE BOARD OF EDUCATION
NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE
2) The State Superintendent shall only consider a complaint if it alleges a violation occurring not more than one year prior to the data on which the complaint is received.
3) The State Superintendent must issue a written decision to the complainant that addresses each allegation in the complaint and contains findings of fact and conclusion; the reasons for the State Board of Education's final decision; and orders for any action, including technical assistance.
4) The complaint procedure under this Section does not limit, diminish, or otherwise deny the federal and State rights and procedural safeguards afforded to students with disabilities.
(Source: Amended by emergency rulemaking at 43 Ill. Reg. 14305, effective November 20, 2019, for a maximum of 150 days; amended by emergency amendment to emergency rule at 43 Ill. Reg. 14941, effective December 4, 2019, for the remainder of the 150 days; amended emergency rule amended by emergency rulemaking at 44 Ill. Reg. 4085, effective February 25, 2020, for the remainder of the 150 days)
ILLINOIS REGISTER 4104 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
STRATTON BUILDING ROOM C-1 SPRINGFIELD, ILLINOIS MARCH 18, 2020 10:30 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
Aging
1. Community Care Program (89 Ill. Adm. Code 240) -First Notice Published: 43 Ill. Reg. 14475 – 12/20/19 -Expiration of Second Notice: 4/3/20
2. Adult Protection and Advocacy Services (89 Ill. Adm. Code 270) -First Notice Published: 44 Ill. Reg. 1 – 1/3/20 -Expiration of Second Notice: 4/3/20
Central Management Services
3. Pay Plan (80 Ill. Adm. Code 310) -First Notice Published: 43 Ill. Reg. 13835 – 12/6/19 -Expiration of Second Notice: 4/11/20
ILLINOIS REGISTER 4105 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
Chief Procurement Officer for the Department of Transportation
4. Chief Procurement Officer for the Department of Transportation (44 Ill. Adm. Code 6) -First Notice Published: 43 Ill. Reg. 14490 – 12/20/19 -Expiration of Second Notice: 3/26/20
Education
5. Public Schools Evaluation, Recognition and Supervision (23 Ill. Adm. Code 1) -First Notice Published: 43 Ill. Reg. 14611 – 12/20/19 -Expiration of Second Notice: 4/8/20
Gaming Board
6. Video Gaming (General) (11 Ill. Adm. Code 1800) -First Notice Published: 43 Ill. Reg. 13354 – 11/22/19 -Expiration of Second Notice: 4/12/20
Human Services
7. General Grantmaking (DHS) (44 Ill. Adm. Code 7040) -First Notice Published: 43 Ill. Reg. 11812 – 10/18/19 -Expiration of Second Notice: 3/18/20
8. Child Care (89 Ill. Adm. Code 50) -First Notice Published: 43 Ill. Reg. 14326 – 12/13/19 -Expiration of Second Notice: 4/4/20
9. Temporary Assisstance for Needy Families (89 Ill. Adm. Code 112) -First Notice Published: 43 Ill. Reg. 14328 – 12/13/19 -Expiration of Second Notice: 4/4/20
10. Aid to the Aged, Blind or Disabled (89 Ill. Adm. Code 113) -First Notice Published: 43 Ill. Reg. 14330 – 12/13/19 -Expiration of Second Notice: 4/4/20
11. Supplemental Nutrition Assitance Program (SNAP) (89 Ill. Adm. Code 121) -First Notice Published: 43 Ill. Reg. 14332 – 12/13/19 -Expiration of Second Notice: 4/4/20
ILLINOIS REGISTER 4106 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
Liquor Control Commission
12. The Illinois Liquor Control Commission (11 Ill. Adm. Code 100) -First Notice Published: 43 Ill. Reg. 10763 – 10/4/19 -Expiration of Second Notice: 3/19/20
Public Health
13. Sexual Assault Survivors Emergency Treatment Code (77 Ill. Adm. Code 545) -First Notice Published: 43 Ill. Reg. 13635 – 12/2/19 -Expiration of Second Notice: 4/4/20
Revenue
14. Parking Excise Tax (86 Ill. Adm. Code 195) -First Notice Published: 43 Ill. Reg. 13242 – 11/15/19 -Expiration of Second Notice: 3/28/20
15. County Motor Fuel Tax (86 Ill. Adm. Code 695) -First Notice Published: 43 Ill. Reg. 13276 – 11/15/19 -Expiration of Second Notice: 3/28/20
State Employees' Retirement System
16. The Administration and Operation of the State Employees' Retirement System of Illinois (80 Ill. Adm. Code 1540) -First Notice Published: 43 Ill. Reg. 13769 – 12/2/19 -Expiration of Second Notice: 4/9/20
Teachers' Retirement System
17. The Administration and Operation of the Teachers' Retirement System (80 Ill. Adm. Code 1650) -First Notice Published: 43 Ill. Reg. 13394 – 11/22/19 -Expiration of Second Notice: 4/6/20
Treasurer
18. Revised Uniform Unclaimed Property Act (74 Ill. Adm. Code 760) -First Notice Published: 44 Ill. Reg. 160 – 1/3/20 -Expiration of Second Notice: 4/4/20
ILLINOIS REGISTER 4107 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
EMERGENCY RULEMAKING
Gaming Board
19. Sports Wagering (11 Ill. Adm. Code 1900) -First Notice Published: 44 Ill. Reg. 2900 – 2/14/20
PEREMPTORY RULEMAKING
Central Management Services
20. Pay Plan (80 Ill. Adm. Code 310) -First Notice Published: 44 Ill. Reg. 2588 – 2/7/20
21. Pay Plan (80 Ill. Adm. Code 310) -First Notice Published: 44 Ill. Reg. 2985 – 2/14/20
ILLINOIS REGISTER 4108 20 JOINT COMMITTEE ON ADMINISTRATIVE RULES
SECOND NOTICES RECEIVED
The following second notices were received during the period of February 25, 2020 through March 2, 2020. The rulemakings are scheduled for the March 18, 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
4/9/20 State Employees' Retirement System, The 12/2/19 3/18/20 Administration and Operation of the State 43 Ill. Reg. Employees' Retirement System (80 Ill. 13769 Adm. Code 1540)
4/11/20 Central Management Services, Pay Plan (80 12/6/19 3/18/20 Ill. Adm. Code 310) 43 Ill. Reg. 13835
4/12/20 Gaming Board, Video Gaming (General) 11/22/19 3/18/20 (11 Ill. Adm. Code 1800) 43 Ill. Reg. 13354
ILLINOIS ADMINISTRATIVE CODE Issue Index - With Effective Dates Rules acted upon in Volume 44, Issue 11 are listed in the Issues Index by Title number, Part number, Volume and Issue. Inquiries about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18.
PROPOSED RULES 8 - 1300 ...... 3586 23 - 1001 ...... 3799 89 - 112 ...... 3807 89 - 113 ...... 3825 89 - 500 ...... 3836 23 - 425 ...... 3844 80 - 1540 ...... 3869
ADOPTED RULES 44 - 4 3/2/2020 ...... 3884 50 - 1551 3/2/2020 ...... 3896 50 - 3117 3/2/2020 ...... 3908 50 - 3119 3/2/2020 ...... 3910 17 - 810 2/26/2020 ...... 3916 17 - 830 2/26/2020 ...... 4030 17 - 850 2/26/2020 ...... 4040 17 - 3051 2/26/2020 ...... 4049
EMERGENCY RULES 11 - 1900 2/26/2020 ...... 4062 23 - 1 2/25/2020 ...... 4085