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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

February 16, 2021 Volume 45, Issue 7

PROPOSED RULES AGING, DEPARTMENT ON General Programmatic Requirements 89 Ill. Adm. Code 220...... 1753 Older Americans Act Programs 89 Ill. Adm. Code 230...... 1764 EDUCATION, ILLINOIS STATE BOARD OF Public Schools, Evaluation, Recognition and Supervision 23 Ill. Adm. Code 1...... 1777 Student Online Personal Protection 23 Ill. Adm. Code 380...... 1802 ADOPTED RULES EDUCATIONAL LABOR RELATIONS BOARD, ILLINOIS General Procedures 80 Ill. Adm. Code 1100...... 1808 FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF Genetic Counselor Licensing Act 68 Ill. Adm. Code 1251...... 1814 Marriage and Family Therapy Licensing Act 68 Ill. Adm. Code 1283...... 1818 Naprapathic Practice Act 68 Ill. Adm. Code 1295...... 1828 Professional Counselor and Clinical Professional Counselor Licensing Act 68 Ill. Adm. Code 1375...... 1837 The Illinois Speech-Language Pathology and Audiology Practice Act 68 Ill. Adm. Code 1465...... 1849 The Structural Engineering Practice Act of 1989 68 Ill. Adm. Code 1480...... 1856 LABOR RELATIONS BOARD, ILLINOIS General Procedures 80 Ill. Adm. Code 1200...... 1865 Representation Proceedings 80 Ill. Adm. Code 1210...... 1872 Unfair Labor Practice Proceedings 80 Ill. Adm. Code 1220...... 1880 Impasse Resolution 80 Ill. Adm. Code 1230...... 1887 Gubernatorial Designation of Positions Excluded from Collective Bargaining (Repealer)

80 Ill. Adm. Code 1300...... 1896 NATURAL RESOURCES, DEPARTMENT OF Sport Fishing Regulations For the Waters of Illinois 17 Ill. Adm. Code 810...... 1898 REVENUE, DEPARTMENT OF Income Tax 86 Ill. Adm. Code 100...... 2006 TREASURER, OFFICE OF THE STATE College Savings Pool 23 Ill. Adm. Code 2500...... 2052 EMERGENCY RULES AGRICULTURE, DEPARTMENT OF Illinois Pesticide Act 8 Ill. Adm. Code 250...... 2071 PUBLIC HEALTH, DEPARTMENT OF Assisted Living and Shared Housing Establishment Code (Emergency Amendment to Emergency Rule) 77 Ill. Adm. Code 295...... 2076 Sheltered Care Facilities Code (Emergency Amendment to Emergency Rule) 77 Ill. Adm. Code 330...... 2084 Illinois Veterans' Homes Code (Emergency Amendment to Emergency Rule) 77 Ill. Adm. Code 340...... 2098 Intermediate Care for Developmentally Disabled Facilities Code (Emergency Amendment to Emergency Rule) 77 Ill. Adm. Code 350...... 2108 Community Living Facilities Code (Emergency Amendment to Emergency Rule) 77 Ill. Adm. Code 370...... 2123 Specialized Mental Health Rehabilitation Facilities Code (Emergency Amendment to Emergency Rule) 77 Ill. Adm. Code 380...... 2133 Medically Complex for the Developmentally Disabled Facilities Code (Emergency Amendment to Emergency Rule) 77 Ill. Adm. Code 390...... 2141 PEREMPTORY RULES HUMAN SERVICES, DEPARTMENT OF Supplemental Nutrition Assistance Program (SNAP) 89 Ill. Adm. Code 121...... 2154 NOTICE OF CORRECTIONS SECRETARY OF STATE, OFFICE OF THE School Bus Driver Permit 92 Ill. Adm. Code 1035...... 2166

SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices Received...... 2167

iii

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 2021

Issue# Rules Due Date Date of Issue 1 December 21, 2020 January 4, 2021 2 December 28, 2020 January 8, 2021 3 January 4, 2021 January 15, 2021 4 January 11, 2021 January 22, 2021 5 January 19, 2021 January 29, 2021 6 January 25, 2021 February 5, 2021 7 February 1, 2021 February 16, 2021 8 February 8, 2021 February 19, 2021 9 February 16, 2021 February 26, 2021 10 February 22, 2021 March 5, 2021 11 March 1, 2021 March 12, 2021 12 March 8, 2021 March 19, 2021 13 March 15, 2021 March 26, 2021 14 March 22, 2021 April 2, 2021 15 March 29, 2021 April 9, 2021 16 April 5, 2021 April 16, 2021 17 April 12, 2021 April 23, 2021 18 April 19, 2021 April 30, 2021 19 April 26, 2021 May 7, 2021 20 May 3, 2021 May 14, 2021 21 May 10, 2021 May 21, 2021

22 May 17, 2021 May 28, 2021 23 May 24, 2021 June 4, 2021 24 June 1, 2021 June 11, 2021 25 June 7, 2021 June 18, 2021 26 June 14, 2021 June 25, 2021 27 June 21, 2021 July 2, 2021 28 June 28, 2021 July 9, 2021 29 July 6, 2021 July 16, 2021 30 July 12, 2021 July 23, 2021 31 July 19, 2021 July 30, 2021 32 July 26, 2021 August 6, 2021 33 August 2, 2021 August 13, 2021 34 August 9, 2021 August 20, 2021 35 August 16, 2021 August 27, 2021 36 August 23, 2021 September 3, 2021 37 August 30, 2021 September 10, 2021 38 September 7, 2021 September 17, 2021 39 September 13, 2021 September 24, 2021 40 September 20, 2021 October 1, 2021 41 September 27, 2021 October 8, 2021 42 October 4, 2021 October 15, 2021 43 October 12, 2021 October 22, 2021 44 October 18, 2021 October 29, 2021 45 October 25, 2021 November 5, 2021 46 November 1, 2021 November 12, 2021 47 November 8, 2021 November 19, 2021 48 November 15, 2021 November 29, 2021 49 November 22, 2021 December 3, 2021 50 November 29, 2021 December 10, 2021 51 December 6, 2021 December 17, 2021 52 December 13, 2021 December 27, 2021 53 December 20, 2021 December 31, 2021

v ILLINOIS REGISTER 1753 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: General Programmatic Requirements

2) Code Citations: 89 Ill. Adm. Code 220

3) Section Numbers: Proposed Actions: 220.500 Amendment 220.501 Repealed 220.502 Repealed 220.503 Repealed 220.504 Repealed 220.505 Repealed 220.506 Repealed 220.507 Repealed 220.508 Repealed 220.509 Repealed 220.510 Repealed 220.511 Repealed 220.512 Repealed 220.513 Repealed 220.514 Repealed 220.515 Repealed 220.516 Repealed 220.517 Repealed 220.518 Repealed 220.519 Repealed 220.520 Repealed

4) Statutory Authority: 20 ILCS 105/4, 4.01(4), 4.01(11), and 4.02; 5 ILCS 100

5) A Complete Description of the Subjects and Issues Involved: This proposed Part is a companion to a proposed amendment in Part 230. This rulemaking seeks to update the appeals process, remove it from Part 220, and include it in the appropriate Part 230.

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

ILLINOIS REGISTER 1754 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

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 rulemaking within 45 days after the publication of this issue of the Illinois Register to:

James Shovlin Deputy General Counsel Illinois Department on Aging One Natural Resources Way, Suite 100 Springfield IL 62702-1271

217/524-7945 [email protected]

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not-for-profit corporations affected: Provider agencies contracting with the Department may be affected by this rulemaking.

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 2020

The full text of the Proposed Amendments begins on the next page:

ILLINOIS REGISTER 1755 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

TITLE 89: SOCIAL SERVICES CHAPTER II: DEPARTMENT ON AGING

PART 220 GENERAL PROGRAMMATIC REQUIREMENTS

Section 220.100 Confidentiality and Disclosure of Information 220.200 Client Cooperation 220.300 Referral Requirements 220.400 Other Resources Supporting the Cost of In-Home Care Services 220.500 Appeals and Fair Hearings 220.501 Initiation of Appeal Process (Repealed) 220.502 Request for Hearing or Appeal (Repealed) 220.503 Place of Filing (Repealed) 220.504 Responsibility of Department or Area Agency on Aging (Repealed) 220.505 Informal Review (Repealed) 220.506 Hearing Officer (Repealed) 220.507 Notice of Hearing (Repealed) 220.508 Representation of Appellant (Repealed) 220.509 Appellant Participation in Hearing (Repealed) 220.510 Amendment of Appeal (Repealed) 220.511 Consolidation of Appeals (Repealed) 220.512 Postponement of Hearing (Repealed) 220.513 Withdrawal of Appeal (Repealed) 220.514 Evidentiary Requirements (Repealed) 220.515 Closing of Hearing Record (Repealed) 220.516 Dismissal of Appeals (Repealed) 220.517 Transcript (Repealed) 220.518 Decision (Repealed) 220.519 Notice of Decision to Appellant (Repealed) 220.520 Public Review (Repealed) 220.600 Case Coordination Unit Minimum Standards 220.605 Case Management Staff Requirements and Qualifications 220.610 Case Coordination Unit Procurement 220.615 Procurement Cycle (Repealed) 220.620 Definition of Case Coordination Unit Request For Proposal (Repealed) 220.625 Issuance of Case Coordination Unit Proposal and Guidelines (Repealed) 220.630 Content of Case Coordination Unit Request For Proposal Documents

ILLINOIS REGISTER 1756 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

220.635 Review of Case Coordination Unit Proposals 220.640 Recommendations for Case Coordination Unit Designation 220.645 Designation of Case Coordination Units and Award of Contracts/Grants 220.650 Objection to Case Coordination Unit Designation Decision 220.655 Replacement of a Case Coordination Unit 220.660 Performance Reviews of Case Coordination Units 220.665 Case Coordination Unit Compliance (Repealed) 220.670 Sanctions for Case Coordination Unit Failure to Comply with Case Management Contract/Grant 220.675 Sanction Notification and Case Coordination Unit Right to Appeal

APPENDIX A Names and Addresses of Area Agencies on Aging by Planning and Service Area (Repealed)

AUTHORITY: Implementing and authorized by Section 4.01 of the Illinois Act on the Aging [20 ILCS 105].

SOURCE: Adopted at 5 Ill. Reg. 3722, effective March 31, 1981; codified at 8 Ill. Reg. 19310; amended at 15 Ill. Reg. 18603, effective December 13, 1991; emergency amendment at 17 Ill. Reg. 1179, effective January 11, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 8472, effective June 9, 1993; amended at 22 Ill. Reg. 3426, effective February 1, 1998; amended at 26 Ill. Reg. 9652, effective July 1, 2002; amended at 45 Ill. Reg. ______, effective ______.

Section 220.500 Appeals and Fair Hearings

Appeals will be conducted in accordance with 89 Ill. Adm. Code 230.Subpart E.The following provisions shall be applicable to all appeals and requests for hearings under this rule.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 220.501 Initiation of Appeal Process (Repealed)

a) The appeal process is initiated effective with the date a written request for a hearing is received by the Department or the area agency on aging, as appropriate.

b) Any request for a hearing or appeal not filed within the applicable time period shall be dismissed by the Department. (Refer to 89 Ill. Adm. Code 230.440 and 240.410.)

ILLINOIS REGISTER 1757 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.502 Request for Hearing or Appeal (Repealed)

The request for a hearing or appeal shall be in writing and shall include:

a) The name of the person or agency filing the appeal.

b) The name of the person or agency in whose behalf the appeal is filed.

c) The specific action being appealed, including the date of the notice advising the appellant of the action and the effective date of the action.

d) Other information required by 89 Ill. Adm. Code 230.440 or 240.400, as applicable.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.503 Place of Filing (Repealed)

a) All requests for hearings or appeals to the Department shall be filed with:

Hearing Coordinator Department on Aging 421 East Capitol Avenue Springfield, Illinois 62701

b) All requests for hearings or appeals to an area agency on aging shall be filed with:

Executive Director Appropriate Area Agency on Aging (Appendix A)

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.504 Responsibility of Department or Area Agency on Aging (Repealed)

Upon receipt of a request for hearing or appeal, the Department or area agency on aging, as appropriate, shall stamp the notice with the date received, assign request a number and notify the

ILLINOIS REGISTER 1758 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS appellant and all other parties to the appeal, of receipt of the appeal. This notification shall be by Registered Mail: Return Receipt Requested. The Department or area agency on aging, as appropriate, shall examine all applicable information to ascertain if it has jurisdiction to conduct the hearing and may permit amendments to the appeal. Appellant shall be afforded a hearing on any motion to dismiss based on a lack of jurisdiction. Where, after hearing, the Department or area agency on aging, as appropriate, determines it does not have jurisdiction over the parties or the subject matter, the petition will be dismissed.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.505 Informal Review (Repealed)

a) Upon the initiation of an appeal, the Department or area agency on aging, as appropriate, shall immediately conduct an informal review of the action which has served as the basis for the appeal and, if indicated, reverse or modify the decision, or take other action as necessary.

b) If the issues being appealed are not resolved by the informal review, a formal hearing shall be conducted.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.506 Hearing Officer (Repealed)

All hearings will be conducted by an impartial Hearing Officer authorized by the Department Director or area agency on aging, as appropriate, to conduct hearings, who has not participated in the action being appealed.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.507 Notice of Hearing (Repealed)

Each hearing shall be conducted at a reasonable time, date and place. Ten (10) days preliminary written notice of the hearing shall be provided to the appellant. Notice shall be provided to the appellant, and all other parties to the appeal, by Registered Mail: Return Receipt Requested.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.508 Representation of Appellant (Repealed)

ILLINOIS REGISTER 1759 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

The Appellant may represent himself at the hearing, or may be represented by legal counsel or other authorized representative and not be present at the hearing. Action or inaction of an authorized representative shall be deemed to be action or inaction of the appellant.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.509 Appellant Participation in Hearing (Repealed)

The appellant and/or his representative shall have the opportunity to:

a) Present evidence and witnesses in behalf of the appellant.

b) Examine the appellant's case record and obtain copies of case record material for the purpose of establishing all pertinent facts and circumstances upon payment of a charge for reproduction.

c) Advance any arguments without undue interference.

d) Refute testimony or other evidence and cross-examine witnesses.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.510 Amendment of Appeal (Repealed)

A request to amend an appeal may be made in writing prior to the hearing, or at the hearing. The appeal may be amended only if, in the judgment of the Hearing Officer, the amendment is germane to the subject matter of the original request for an appeal hearing.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.511 Consolidation of Appeals (Repealed)

a) The Department or area agency on aging, as appropriate, may consolidate a number of individual appeals for the purpose of conducting a single group hearing if it is determined that all of the appeals involve the same issues.

b) Each appellant may, at his option, withdraw from the group and present his appeal individually.

ILLINOIS REGISTER 1760 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.512 Postponement of Hearing (Repealed)

a) A Hearing may be postponed or continued for a reasonable period at the discretion of the Department or area agency on aging, as appropriate, for good cause shown. Death in the family, illness, prior engagement by counsel or representative, or other sudden and unexpected emergencies shall be considered good cause for postponement or continuance of a hearing.

1) A request for the postponement or continuance of the hearing can be made either prior to or at the hearing. Requests for postponement made prior to the hearing must be made in writing.

2) The filing of a written request for postponement or continuance shall not preclude the appellant and/or his representative from making a request to the Hearing Officer at the hearing for postponement or continuance.

3) If the request for continuance or postponement is granted, the parties to the appeal shall be notified of the new date, time and place by Registered Mail: Return Receipt Requested.

b) The applicable time period for completion of a hearing shall be extended by the time of any continuance or postponement granted.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.513 Withdrawal of Appeal (Repealed)

An appeal may be withdrawn by the appellant and/or his authorized representative either prior to or at the hearing. A withdrawal must be in writing and signed by the appellant and/or his representative, or on the record during the hearing.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.514 Evidentiary Requirements (Repealed)

The hearing shall not be bound by common law or statutory rules of evidence or by technical or

ILLINOIS REGISTER 1761 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS formal rules of procedure, but shall be conducted in such a manner as seems best calculated to conform to substantial justice.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.515 Closing of Hearing Record (Repealed)

At the adjournment of the hearing the record shall be closed and no further evidence may be submitted by the Department or area agency on aging, as appropriate, or the appellant unless, prior to the adjournment of the hearing, a request to leave the record open for a specified period for the submittal of additional evidence was made by the Department or area agency on aging, as appropriate, and/or the appellant and granted by the Hearing Officer.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.516 Dismissal of Appeals (Repealed)

a) In the event the appellant and/or his authorized representative does not appear at the time, date and place designated for the hearing, the appeal shall be deemed abandoned and shall be dismissed.

b) Refusal of the appellant and/or his authorized representative to proceed with the hearing shall be deemed a non-appearance, and the appeal shall be deemed abandoned and shall be dismissed.

c) The appellant and/or his authorized representative shall be informed of the dismissal by written notice.

d) Request to vacate a dismissal must be in writing and signed by the appellant and/or his authorized representative. Such requests must be received by the Department or area agency on aging, as appropriate, not more than ten (10) calendar days subsequent to the date of the dismissal notice.

e) Dismissals shall be vacated only if good cause for non-appearance is shown. Good cause is defined as:

1) Death in the family,

2) Personal injury or illness which reasonably prohibits appellant from

ILLINOIS REGISTER 1762 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

attending the hearing, and/or

3) Sudden and unexpected emergencies.

f) Disposition by dismissal is a final decision.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.517 Transcript (Repealed)

The decision resulting from the appeal shall become a part of the record of the appeal and a transcript of the appeal shall be made. Transcript may be made by electronic recording device.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.518 Decision (Repealed)

The decision resulting from the appeal shall be in writing and shall set forth the facts of the appeal, and the regulations and reasons upon which the decision is based.

a) The impartial Hearing Officer shall certify to the Director of the Department or the area agency on aging, as appropriate, the entire record of the hearing and shall recommend a decision on each issue in the hearing. The impartial Hearing Officer shall not render a final decision relevant to any issue in the hearing.

b) The final decision resulting from the hearing shall be issued by the Director of the Department or the area agency on aging, as appropriate.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.519 Notice of Decision to Appellant (Repealed)

The appellant shall be notified of the decision in writing. This notification shall advise an appellant under 89 Ill. Adm. Code 230 of the right to appeal the decision and an appellant under 89 Ill. Adm. Code 240 of the right to seek judicial review, if available.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

Section 220.520 Public Review (Repealed)

ILLINOIS REGISTER 1763 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

All hearing records and decisions shall be made available for review by the public.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 1764 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Older Americans Act Programs

2) Code Citations: 89 Ill. Adm. Code 230

3) Section Numbers: Proposed Actions: 230.46 Repealed 230.400 New Section 230.410 Amendment 230.420 Amendment 230.430 Amendment 230.440 Amendment 230.450 New Section 230.460 New Section 230.470 New Section 230.480 New Section 230.490 New Section 230.495 New Section

4) Statutory Authority: Illinois Act on Aging [20 ILCS 105] and the Older Americans Act, as amended [42 USC 3001 et seq.].

5) A Complete Description of the Subjects and Issues Involved: This proposed Part is a companion to a proposed repeal in Part 220. This rulemaking seeks to update the appeals process, remove it from Part 220, and include it in the appropriate Part 230.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None

7) Will this rulemaking replace any emergency rule currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other rulemakings pending on this Part? No

11) Statement of Statewide Policy Objective: This rulemaking does not create or expand a State mandate.

ILLINOIS REGISTER 1765 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

James Shovlin Deputy General Counsel Illinois Department on Aging One Natural Resources Way, Suite 100 Springfield IL 62702-1271

217/524-7945 [email protected]

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not-for-profit corporations afftected: Provider agencies contracting with the Department may be affected by this rulemaking.

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 2020

The full text of the Proposed Amendments begins on the next page:

ILLINOIS REGISTER 1766 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

TITLE 89: SOCIAL SERVICES CHAPTER II: DEPARTMENT ON AGING

PART 230 OLDER AMERICANS ACT PROGRAMS

SUBPART A: STATE AGENCY

Section 230.10 Designation and Function 230.20 Administration 230.30 State Plan 230.40 State Agency Requirements 230.41 Advocacy 230.42 Long-Term Care Ombudsman Program (Repealed) 230.43 Service Delivery Systems Responsibilities 230.44 State Advisory Council 230.45 Intrastate Funding Formula 230.46 Hearings (Repealed) 230.47 Designation of Planning and Service Areas

SUBPART B: AREA AGENCIES ON AGING

Section 230.110 Designation and Function 230.120 Administration 230.130 Area Plans 230.140 Withdrawal of Area Agency on Aging Designation 230.145 Continuity of Services 230.150 Area Agency on Aging Responsibilities

SUBPART C: SERVICE REQUIREMENTS

Section 230.210 Direct Provision of Services by the Department and Area Agencies on Aging 230.220 Planning, Coordination and Provision of Services Funded Under Other Programs 230.230 Licensure and Safety Requirements 230.240 Provider Requirements 230.250 Services

ILLINOIS REGISTER 1767 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

SUBPART D: FISCAL REQUIREMENTS

Section 230.310 Types of Allotments 230.320 Limitations on Use 230.330 Service Funding Requirements 230.340 Obligation of Allotments 230.350 Maintenance of Effort: Non-Federal Share 230.360 General Audit Requirements 230.361 Purpose of Audits 230.362 Audit Engagement Agreement 230.363 Distribution of the Cost of a Unified Audit 230.364 Scope of the Financial and Compliance Audit (Repealed) 230.365 Audit Report 230.366 Resolution of Audit Findings 230.370 Program and Financial Reviews

SUBPART E: HEARINGS

Section 230.400 Purpose and Scope 230.410 Appeals to the Area Agency on AgingHearing Before the Department 230.420 Appeals to the DepartmentHearing Before the Area Agency on Aging 230.430 Request for Appeal to the DepartmentNon-applicability of Hearing Requirements 230.440 Informal ReviewArrangements for Hearings 230.450 Administrative Hearing 230.460 Status Conference 230.470 Conduct of the Hearing 230.480 Dismissals and Withdrawals 230.490 Director's Decision 230.495 Appeal Record

SUBPART F: TITLE III-D

Section 230.510 Target Population 230.520 Eligibility Criteria 230.530 Eligibility Determination

ILLINOIS REGISTER 1768 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

230.540 Allowable Services 230.550 Maintenance of Effort 230.560 Coordination of Services 230.570 Distribution of Funds 230.580 Area Agency on Aging Administration

SUBPART G: CASE MANAGEMENT SERVICES

Section 230.610 General Requirements for Providers of Case Management Services 230.620 Case Management Service Availability 230.630 Service Activities 230.640 Records and Documentation 230.650 Case Coordination Unit Compliance During Contract/Grant Period

AUTHORITY: Implementing the Illinois Act on the Aging [20 ILCS 105] and the Older Americans Act, as amended (42 USC 3001 et seq.) and authorized by Section 4.01 of the Illinois Act on the Aging [20 ILCS 105].

SOURCE: Adopted at 5 Ill. Reg. 3722, effective March 31, 1981; amended at 6 Ill. Reg. 7379, effective June 16, 1982; codified at 7 Ill. Reg. 5178; amended at 7 Ill. Reg. 9132, effective July 27, 1983; amended at 8 Ill. Reg. 9330, effective June 15, 1984; amended at 9 Ill. Reg. 5297, effective April 8, 1985; amended at 10 Ill. Reg. 5787, effective March 27, 1986; recodified at 10 Ill. Reg. 7653, effective April 30, 1986; amended at 10 Ill. Reg. 14616, effective August 26, 1986; amended at 11 Ill. Reg. 3856, effective February 17, 1987; amended at 11 Ill. Reg. 7586, effective April 8, 1987; amended at 11 Ill. Reg. 15869, effective October 1, 1987; emergency amendments at 12 Ill. Reg. 12540, effective July 15, 1988, for a maximum of 150 days; emergency expired December 12, 1988; amended at 13 Ill. Reg. 2015, effective February 1, 1989; amended at 13 Ill. Reg. 3054, effective March 1, 1989; amended at 13 Ill. Reg. 20299, effective December 15, 1989; amended at 14 Ill. Reg. 2308, effective January 25, 1990; amended at 15 Ill. Reg. 18642, effective December 13, 1991; amended at 16 Ill. Reg. 15401, effective September 28, 1992; amended at 18 Ill. Reg. 14072, effective September 1, 1994; amended at 21 Ill. Reg. 8894, effective July 1, 1997; amended at 22 Ill. Reg. 3454, effective February 1, 1998; amended at 26 Ill. Reg. 9662, effective July 1, 2002; amended at 45 Ill. Reg. ______, effective ______.

SUBPART A: STATE AGENCY

Section 230.46 Hearings (Repealed)

ILLINOIS REGISTER 1769 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

In accordance with procedures developed by the Department, the Department shall provide an opportunity for a hearing to:

a) Any area agency on aging when the Department proposes to:

1) Disapprove the area plan or any amendment to the area plan which has been submitted to the Department by the area agency on aging; or

2) Withdraw from the agency designation as an area agency on aging.

b) Any applicant who establishes eligibility for designation as a planning and service area pursuant to the requirements of 45 CFR 1321.53 and subsection (g) of this Section whose application is denied;

c) Any nutrition project specified in 45 CFR 1321.143(b)(1) or in Section 230.250(b)(2)(A)(i) of this Part which an area agency on aging proposes to defund; and

d) Any service provider whose application to provide services under an area plan is denied or whose subgrant or contract is suspended, terminated, or not renewed.

(Source: Repealed at 45 Ill. Reg. ______, effective ______)

SUBPART E: HEARINGS

Section 230.400 Purpose and Scope

The purpose of this Subpart E is to set forth appeal requirements for entities and individuals that administer, provide, and receive services, or applicants for those services, under an area plan funded by the Older Americans Act (42 USC 3001 et seq.). This Subpart does not apply to public hearings required under 42 USC 3025 and 3026.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 230.410 Appeals to the Area Agency on AgingHearing Before the Department

a) The Area Agency on Aging (AAA) shall have an appeal process that includes the following:

ILLINOIS REGISTER 1770 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS

1) Pursuant to 42 USC 3027(a)(5)(B), the AAA shall have written appeal procedures for an older individual who is dissatisfied with, or denied, services under an area plan; and

2) Pursuant to 42 USC 3027(a)(5)(A), the AAA shall have written appeal procedures for a service provider whose application to provide services under an area plan is denied or whose subgrant or contract with the AAA under an area plan is suspended, terminated, or not renewed. b) Minimum requirements for all appeal procedures before the AAA include the following:

1) An older individual or his/her representative may make a complaint to the AAA in either oral or written form. The AAA shall document the oral complaints in writing;

2) The AAA shall investigate the complaint and act to resolve the matter; and

3) The AAA shall respond in writing within 30 calendar days after receipt of the complaint. The written response shall include:

A) The date the complaint was received;

B) The nature of the complaint or adverse action and relevant dates;

C) All actions taken to resolve the complaint; and

D) Notice of the right to appeal to the Department, if any.In accordance with procedures developed by the Department and Section 2.16 of current rule General Provisions, the Department shall provide an opportunity for a hearing to: a) Any area agency on aging when the Department proposes to:

1) Disapprove the area plan or any amendment to the area plan which has been submitted to the Department by the area agency on aging; or

2) Withdraw from the agency designation as an area agency on aging;

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b) Any eligible applicant for designation as a planning and service area under the provisions of 45 CFR 1321.53 whose application is denied; or

c) Any nutrition project specified in Section 230.250(b)(2)(A)(i) of this Part, which an area agency proposes to defund.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 230.420 Appeals to the DepartmentHearing Before the Area Agency on Aging

The Department will allow appeals by the following:

a) An older individual or his/her representative who is appealing the AAA's decision under Section 230.410(a)(1);

b) A service provider whose application to provide services, under grants or contracts directly awarded by the Department, is denied or terminated;

c) Any eligible applicant for designation as a planning and service area under the 45 CFR 1321.29(a) (2019) whose application is denied;

d) Any AAA when the Department proposes to:

1) Disapprove the area plan or any amendment to the area plan that has been submitted to the Department by the AAA; or

2) Reject the AAA's recommendation to designate a service provider.In accordance with procedures developed by the Department, an area agency on aging shall provide an opportunity for a hearing to:Any service provider, including a nutrition project for whom the provisions of Section 230.410(c) of this subpart are not applicable, whose application to provide services under the area plan is denied or whose subgrant or contract is suspended, terminated or not renewed.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 230.430 Request for Appeal to the DepartmentNon-applicability of Hearing Requirements

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a) Timing of the Appeal

1) An older individual who is appealing the AAA's grievance response must submit an appeal within 60 calendar days after receiving the response.

2) All other appeals must be submitted within 15 calendar days after notice of adverse action.

b) All appeals to the Department shall be submitted to:

Office of General Counsel Department on Aging One Natural Resources Way Springfield, Illinois 62702

c) The request for appeal shall contain the following information:

1) The name of the appellant, including email address, phone number, and mailing address;

2) The name of the authorized representative, if applicable, including email address, phone number, and mailing address;

3) A short statement of alleged facts that includes the adverse action and relevant dates; and

4) A short statement identifying the relief sought, explaining the reasons relief should be granted, and citing the authority relied upon.The provisions for a hearing do not apply to a service provider when the aggrieved action has been taken pursuant to the provisions of 45 CFR 74, Subpart M.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 230.440 Informal ReviewArrangements for Hearings

The Office of General Counsel, with appropriate Department Staff, will review the appeal and make a recommendation to the Director.

ILLINOIS REGISTER 1773 21 DEPARTMENT ON AGING

NOTICE OF PROPOSED AMENDMENTS a) Request for hearing A written request for a hearing shall be filed by the aggrieved agency or organization with the Department or the area agency on aging, as appropriate, within 30 days following receipt of the notice of adverse action. b) Petition to Accompany Request for Hearing At the time of filing the request for hearing, a petition shall be filed in substantially the following form:

1) The petition shall be captioned designating the party requesting the hearing as a petitioner, versus the party taking the aggrieved of action to be designated as respondent.

2) The petition shall contain separate paragraphs containing the following:

A) Allegations of facts indicating the capacity to be a petitioner.

B) Reference to applicable sections of the statute or rules and regulations granting jurisdiction to the Department or area agency on aging, as appropriate, to conduct a hearing or appeal.

C) Reference to the particular sections of the statute or rules alleged to have been violated.

D) Allegations setting forth the respects in which petitioner's rights have been adversely affected or violated by the action taken.

E) Allegations setting forth the date of the adverse action complained of.

3) The petition shall have attached thereto, affidavits, records, copies of notices of adverse action, or other evidence supporting its allegations. c) Time Limitations

1) The hearing shall be completed with 120 days following the date that the request for hearing was received by the Department or area agency on aging, as appropriate, extended by any postponements.

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2) The hearing decision shall be issued within 60 days after the hearing is completed.

d) Termination of Formal Hearing Procedures The Department or area agency on aging, as appropriate, may terminate formal hearing procedures at any point if the Department or area agency on aging, as appropriate, and agency or organization that requested the hearing negotiate a written agreement that resolves the issue(s) which led to the hearing.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

Section 230.450 Administrative Hearing

a) The Department will provide an opportunity for hearing, after the informal review process has been completed, to the following:

1) Any AAA, upon request, when the Department proposes to:

A) Disapprove the area plan or any amendment to the area plan that has been submitted to the Department by the AAA; or

B) Reject the AAA's recommendation to designate a service provider;

2) A service provider, upon request, whose application to provide services, under grants or contracts awarded directly by the Department, is denied or terminated; and

3) An older individual whose eligibility for services was terminated.

b) All hearings shall be conducted by an impartial Hearing Officer authorized by the Department Director to conduct the hearings.

c) The provisions for an appeal and hearing do not apply to an adverse action taken pursuant to the provisions of 45 CFR 75, Subpart D or 2 CFR 200, Subpart D.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 230.460 Status Conference

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a) The Hearing Officer may schedule status conferences to consider and decide issues that will aid in the disposition of the hearing.

b) The Hearing Officer may consolidate matters in the interest of convenience whenever it can be done without prejudicing either party.

c) The Hearing Officer may facilitate the exchange of discovery among the parties before the hearing.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 230.470 Conduct of the Hearing

a) The hearing shall be conducted in accordance with Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100], unless otherwise specified in this Part.

b) The hearing shall be recorded and made part of the case record.

c) The hearing may be conducted by telephone or other electronic means.

d) Continuances may be granted.

e) The Hearing Officer shall recommend a decision on each issue to the Director.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 230.480 Dismissals and Withdrawals

a) The appellant may withdraw the appeal at any time.

b) If the appellant fails to cooperate with the Department during the informal review process or fails to attend the hearing, the appeal is considered abandoned and will be dismissed.

c) Within 10 calendar days after the date of the dismissal notice, the appellant/authorized representative may submit a written request to reinstate the appeal. The dismissal will be vacated if good cause can be shown for the non- cooperation that led to the dismissal.

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(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 230.490 Director's Decision

a) The decision resulting from the appeal shall be made in writing no later than 60 calendar days after receiving the recommendation. The appellant/authorized representative and all other parties to the appeal shall be notified.

b) A decision shall be issued by the Director upholding, modifying, or reversing the recommendation.

c) The Director's decision resulting from the appeal shall be final and become part of the appeal record.

(Source: Added at 45 Ill. Reg. ______, effective ______)

Section 230.495 Appeal Record

At any time within 5 years after the date of the release of the Director's decision, the appellant/authorized representative may review the appeal record. The appeal record, including documents presented at the proceedings, findings of fact, and findings of law, will be made available by the Department upon request. The Springfield office of the Department is the only location where the appeal record may be reviewed.

(Source: Added at 45 Ill. Reg. ______, effective ______)

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NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Public Schools Evaluation, Recognition and Supervision

2) Code Citation: 23 Ill. Adm. Code 1

3) Section Numbers: Proposed Actions: 1.280 Amendment 1.285 Amendment

4) Statutory Authority: 105 ILCS 5/2-3.6

5) A Complete Description of the Subjects and Issues Involved: Currently, Section 1.285 allows for the use of both prone and supine restraints under certain parameters. However, those parameters will expire effective July 1, 2021. Therefore, Section 1.285(d)(5) is amended to: (a) prohibit the use of prone restraints in all circumstances; and (b) prohibit supine restraints unless certain parameters are met.

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

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: 1.97 Amendment 44 Ill. Reg. 10322; June 19, 2020 1.30 Amendment 44 Ill. Reg. 12073; July 4, 2020 1.210 Amendment 44 Ill. Reg. 12073; July 4, 2020 1.323 New Section 44 Ill. Reg. 12073; July 4, 2020 1.325 New Section 44 Ill. Reg. 12073; July 4, 2020 1.421 New Section 44 Ill. Reg. 12073; July 4, 2020 1.422 Amendment 44 Ill. Reg. 12073; July 4, 2020 1.425 Amendment 44 Ill. Reg. 12073; July 4, 2020 1.20 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.77 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.245 Amendment 44 Ill. Reg. 14484; September 11, 2020

ILLINOIS REGISTER 1778 21 ILLINOIS STATE BOARD OF EDUCATION

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1.465 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.705 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.710 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.720 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.730 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.735 Repealed 44 Ill. Reg. 14484; September 11, 2020 1.736 Repealed 44 Ill. Reg. 14484; September 11, 2020 1.737 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.740 Repealed 44 Ill. Reg. 14484; September 11, 2020 1.745 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.750 Repealed 44 Ill. Reg. 14484; September 11, 2020 1.755 Repealed 44 Ill. Reg. 14484; September 11, 2020 1.780 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.781 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.790 Amendment 44 Ill. Reg. 14484; September 11, 2020 1.Appendix A Amendment 44 Ill. Reg. 14484; September 11, 2020 1.Appendix I New Section 44 Ill. Reg. 14484; September 11, 2020 1.430 Amendment 44 Ill. Reg. 16402; October 9, 2020 1.440 Amendment 44 Ill. Reg. 16402; October 9, 2020 1.420 Amendment 44 Ill. Reg. 19383; December 18, 2020 1.630 Amendment 44 Ill. Reg. 19383; December 18, 2020

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:

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A) Types of small businesses, small municipalities and not-for-profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis: None

15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not anticipated at the time the Regulatory Agenda was filed.

The full text of the Proposed Amendments begin on the next page:

ILLINOIS REGISTER 1780 21 ILLINOIS STATE BOARD OF EDUCATION

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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

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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 1.285 Requirements for the Use of Isolated Time Out, Time Out, and Physical Restraint 1.290 Absenteeism and Truancy Policies

SUBPART C: SCHOOL DISTRICT ADMINISTRATION

Section 1.310 Administrative Qualifications and Responsibilities 1.320 Evaluation of Licensed Educators 1.323 Teacher Evaluation Ratings During a Declared Gubernatorial Disaster 1.325 Teacher Remediation Plan During a Declared Gubernatorial Disaster 1.330 Toxic Materials Training

SUBPART D: THE INSTRUCTIONAL PROGRAM

Section 1.410 Determination of the Instructional Program 1.420 Basic Standards 1.421 Remote and Blended Remote Learning Days 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 (Repealed) 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 1782 21 ILLINOIS STATE BOARD OF EDUCATION

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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 Emergency Medications in Schools: Epinephrine; Opioid Antagonists; Asthma Medication

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

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1.760 Standards for School Support Personnel Services 1.762 Supervision of Speech-Language Pathology Assistants 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

ILLINOIS REGISTER 1784 21 ILLINOIS STATE BOARD OF EDUCATION

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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, 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

ILLINOIS REGISTER 1785 21 ILLINOIS STATE BOARD OF EDUCATION

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43 Ill. Reg. 14941, effective December 4, 2019, for the remainder of the 150 days; emergency 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; amended at 44 Ill. Reg. 6377, effective April 9, 2020; emergency amendment at 44 Ill. Reg. 7971, effective April 27, 2020, for a maximum of 150 days; emergency expired September 23, 2020; emergency amendment at 44 Ill. Reg. 8382, effective May 1, 2020, for a maximum of 150 days; emergency expired September 27, 2020; amended at 44 Ill. Reg. 9961, effective May 21, 2020; emergency amendment at 44 Ill. Reg. 13498, effective July 31, 2020, for a maximum of 150 days; expired December 27, 2020; emergency amendment at 44 Ill. Reg. 16860, effective September 29, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 17816, effective October 23, 2020, for the remainder of the 150 days; amended at 45 Ill. Reg. 867, effective January 4, 2021; amended at 45 Ill. Reg. 1644, effective January 22, 2021; amended at 45 Ill. Reg. ______, effective ______.

SUBPART B: SCHOOL GOVERNANCE

Section 1.280 Discipline

Section 24-24 of the School Code [105 ILCS 5] provides for teachers, other licensed educational employees (except for individuals employed as a paraprofessional educator) and persons providing a related service for or with respect to a student as determined by the board of education to maintain discipline in the schools.

a) The board of education shall establish and maintain a parent-teacher advisory committee as provided in Section 10-20.14 of the School Code .

b) The board of education shall establish a policy on the administration of discipline in accordance with the requirements of Sections 10-20.14 and 24-24 of the School Code and disseminate that policy as provided in Section 10-20.14 of the School Code. Under no circumstance shall the policy authorize the use of isolated time out, time out, or physical restraint as a form of discipline or punishment.

c) In addition to, or as part of, its policy on the maintenance of discipline, each board of education shall adopt policies and procedures regarding the use of behavioral interventions for students with disabilities who require intervention. Each board's policies and procedures shall conform to the requirements of Section 14-8.05(c) of the School Code.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 1786 21 ILLINOIS STATE BOARD OF EDUCATION

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Section 1.285 Requirements for the Use of Isolated Time Out, Time Out, and Physical Restraint

Isolated time out, time out, and physical restraint, as defined in this Section, shall be used only when the student's behavior presents an imminent danger of serious physical harm to the student or others and other less restrictive and intrusive measures have been tried and proven ineffective in stopping the imminent danger of serious physical harm. Isolated time out, time out, or physical restraint shall not be used as discipline or punishment, convenience for staff, retaliation, a substitute for appropriate educational or behavioral support, a routine safety matter, or to prevent property damage in the absence of imminent danger of serious physical harm to the student or others.

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 for the purpose of calming or de-escalation that involves the involuntary monitored separation of a student from classmates with an adult trained under subsection (i) for part of the school day, only for a brief time, in a non- locked setting.

3) "Isolated time out" or "time out" does not include a student-initiated or student-requested break, a student-initiated or teacher-initiated sensory break, including a sensory room containing sensory tools to assist a student to calm and de-escalate, an in-school suspension or detention, or any other appropriate disciplinary measure, including a student's brief removal to the hallway or similar environment.

4) Any enclosure used for isolated time out or time out shall:

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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 in isolated time out or time out but also, if applicable, any other individual who is required to accompany that student under this Section;

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;

D) be designed to permit continuous visual monitoring of and communication with the student; and

E) if fitted with a door, be fitted with either a steel door or a wooden door of solid-core construction. If the door includes a viewing panel, the panel shall be unbreakable. The door shall not be fitted with a locking mechanism or be physically blocked by furniture or any other inanimate object at any time during the isolated time out or time out.

5) 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.

6) For time out, an adult trained under subsection (i) who is responsible for supervising the student must remain in the same room as the student at all times during the time out.

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

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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 a student's movements. "Physical restraint" as permitted pursuant to this Section includes only the use of specific, planned techniques. 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], "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 and limitations.

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

C) the staff applying the restraint have been trained in its safe application as specified in subsection (i) of this Section.

2) Physical restraint must end immediately when:

A) the threat of imminent danger of serious physical harm ends; or

B) the student indicates that he or she cannot breathe or staff supervising the student recognizes that the student may be in

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respiratory distress.

3) The staff involved in physically restraining a student must periodically halt the restraint to evaluate if the imminent danger of serious physical harm continues to exist. If the imminent danger of serious physical harm continues to exist, staff may continue to use the physical restraint and the continued use may not be considered a separate instance of physical restraint.

4) A physical restraint shall not impair a student's ability to breathe or communicate normally, obstruct a student's airway, or interfere with a student's ability to speak. 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.

5) "Prone physical restraint" means a physical restraint in which a student is held face down on the floor or other surface and physical pressure is applied to the student's body to keep the student in the prone position. Prone physical restraint is prohibited.

6) "Supine physical restraint" means a physical restraint in which a student is held face up on the floor or other surface and physical pressure is applied to the student's body to keep the student in the supine position. SupineUntil July 1, 2021, prone and supine physical restraint is prohibited, unless all of the following criteria are met:

A) Before using a prone or supine physical restraint, the school district or other entity serving the student shall review and determine if there are any known medical or psychological limitations that contraindicate the use of a prone or supine physical restraint.

B) 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 serious physical harm to himself, herself, or

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others and less restrictive and intrusive interventions have been tried and proven ineffective in stopping the imminent danger.

C) SupineProne 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.

D) SupineProne or supine physical restraint is used only by personnel who have completed required training under subsection (i).

E) SupineProne or supine physical restraint is 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 and monitor 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. Staff involved in the restraint must use the least amount of force and the fewest points of contact necessary and must afford the student maximum freedom of movement while maintaining safety.

F) The prone or supine physical restraint ends immediately when the threat of imminent danger of 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 of this subsection (d), 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 physical restraint. No restraint may be continued, nor may additional restraints be applied, unless continuation is authorized by a school administrator.

G) 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

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school personnel who initiated, monitored, and supervised the incidents shall initiate a Restraint Review, which is 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 shall be included in the Restraint Review. The Restraint Review must include, but is not limited to:

i) conducting or reviewing a functional behavioral analysis, reviewing data, considering the development of additional or revised positive behavioral interventions and supports, considering actions to reduce the use of restrictive procedures, or, if applicable, modifying the student's individualized educational program, federal Section 504 plan, behavior intervention plan, or other plan of care, as appropriate; and

ii) 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 prohibitions in the student's individualized education program, federal Section 504 plan, behavior intervention plan, or other plan of care.

76) 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 immediately carry out the threat.

87) 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 restraint or chemical restraint, as defined in subsection (d)(12) or (d)(13), shall not be employed.

98) Medically prescribed restraint procedures employed for the treatment of a

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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.

109) 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.

1110) 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.

1211) "Chemical restraint" means the use of medication to control a student's behavior or restrict a student's freedom of movement. Chemical restraint is prohibited. "Chemical restraint" does not include medication that is legally prescribed and administered as part of a student's regular medical regimen to manage behavioral symptoms and treat medical symptoms.

1312) "Mechanical restraint" means the use of any device or equipment to limit a student's movement or hold a student immobile. Mechanical restraint is prohibited. "Mechanical restraint" does not include any restraint used to:

A) treat a student's medical needs;

B) protect a student known to be at risk of injury resulting from lack of coordination or frequent loss of consciousness;

C) position a student with physical disabilities in a manner specified in the student's individualized education program, federal Section 504 plan, or other plan of care;

D) provide a supplementary aid or service or an accommodation, including, but not limited to, assistive technology that provides proprioceptive input or aids in self-regulation; or

E) promote student safety in vehicles used to transport students.

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1) A student shall be released from isolated time out or time out immediately upon determination by the staff member that the student is no longer an imminent danger of serious physical harm to the student or others. No less than once every 15 minutes, an adult trained under subsection (i) must assess whether the student has ceased presenting the specific behavior for which the 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 serious physical harm to the student 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 or student behavior that resulted in isolated time out, time out, or physical restraint, including the specific imminent danger of serious physical harm to the student or others;

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G) for isolated time out, a description of the rationale of why the needs of the student cannot be met by a lesser restrictive intervention and why an adult could not be present in the time out room;

H) a log of the student's behavior in isolated time out, time out, or during physical restraint, including a description of the restraint techniques used and any other interaction between the student and staff;

I) a description of any injuries (whether to students, staff, or others) or property damage;

J) a description of any planned approach to dealing with the student's behavior in the future, including any de-escalation methods or procedures that may be used to avoid the use of isolated time out, time out, or physical restraint;

K) a list of the school personnel who participated in the implementation, monitoring, and supervision of isolated time out, time out, or physical restraint; and

L) the date on which parental or guardian notification took place, as required by subsection (g).

2) The school official designated under subsection (j)(3) 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 requirements of this subsection (f)(3) 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 or licensed clinical practitioner 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

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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, 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 subsection (j)(3).

4) When a student experiences instances of isolated time out, time out, or physical restraint on 3 days within a 30-day period, 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, for special education eligibility, or, for a student already eligible for special education, for a 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 or Guardians

1) A district whose policies allow for the use of isolated time out, time out, or physical restraint shall notify parents or guardians 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.

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2) If a student is subject to isolated time out, time out, or physical restraint, the school must make a reasonable attempt to notify the student's parent or guardian on the same day the isolated time out, time out, or physical restraint is imposed.

3) Within one business day after any use of isolated time out, time out, or physical restraint, the school district or other entity serving the student shall send the form required under subsection (f)(1) to the student's parents or guardians. h) Report to the State Superintendent

1) No later than 2 school days 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 or time out, or who is involved in a physical restraint, shall receive at least 8 hours of developmentally appropriate training annually. Except for training on physical restraint, online training may be utilized for all training areas under this subsection (i)(1). Training is required in the following areas:

A) crisis de-escalation;

B) restorative practices;

C) identifying signs of distress during physical restraint and time out;

D) trauma-informed practices; and

E) behavior management practices.

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2) All adults trained under this subsection (i) must be provided a copy of the district's policies on isolated time out, time out, and physical restraint.

3) Isolated time out, time out, or physical restraint, as defined in this Section, shall be applied only by individuals who have received annual systematic training on less restrictive and intrusive strategies and techniques to reduce the use of isolated time out, time out, and physical restraint based on best practices and how to safely use time out and physical restraint when those alternative strategies and techniques have been tried and proven ineffective. This training must include all the elements described in this subsection (i) and must result in the receipt of a certificate of completion or other written evidence of participation. No individual may use isolated time out, time out, or physical restraint before receiving the required training and certificate. An individual who applies isolated time out, time out, or physical restraint shall use only techniques in which he or she has received prior annual training, as indicated by written evidence of participation.

4) The training required under this subsection (i) with respect to isolated time out, time out, or physical restraint may be provided either by the employer or by an external entity.

A) All persons or entities who provide training must be trained and certified in the:

i) effective use of less restrictive and intrusive alternatives to prevent imminent danger of serious physical harm to the student or others; and

ii) safe application of isolated time out, time out, and physical restraint when less restrictive and intrusive alternatives have been tried and proven ineffective.

B) The training shall include, but need not be limited to:

i) the dangers associated with the use of isolated time out, time out, and physical restraint and the need to use interventions that are less restrictive and intrusive to reduce

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the risk of harm to students;

ii) appropriate procedures for preventing the need for isolated time out, time out, or physical restraint, including the de- escalation of problematic behavior, relationship-building, and the use of alternatives to restraint;

iii) recognizing and responding appropriately to the antecedent of a student's behavior;

iv) recognizing contraindications and other conditions and events that increase risk of death;

v) a description and identification of dangerous behaviors on the part of students that may indicate the need for isolated time out, time out, or physical restraint and methods for evaluating the risk of harm in individual situations in order to determine whether the use of restraint is warranted;

vi) the simulated experience of administering and receiving a variety of isolated time out, time out, and physical restraint techniques, ranging from minimal physical involvement to very controlling interventions;

vii) instruction regarding the effects of isolated time out, time out, and physical restraint on the person in restraint, isolated time out, or time out, including instruction on monitoring physical signs of distress and obtaining medical assistance;

viii) instruction regarding documentation and reporting requirements and investigation of injuries and complaints; and

ix) demonstration by participants of proficiency in administering isolated time out, time out, and physical restraint.

5) An individual may provide training to others in a particular method of

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time out and physical restraint only if he or she has received written evidence of completing training in those techniques that meet the requirements of this subsection (i) 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 be implemented in accordance with written procedures that include:

1) the circumstances under which isolated time out, time out, or physical restraint will be applied;

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; and

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, at a minimum, shall include:

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 or guardian notification, timelines of agency notification, and administrative review. k) Complaint Procedures

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1) Any parent or guardian, 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 all of the following:

A) the facts on which the complaint is based;

B) the signature and contact information for the complainant;

C) if known, the names and addresses of the students involved and the name of the school of attendance;

D) a description of the nature of the problem, including any facts relating to the problem; and

E) a proposed resolution of the problem to the extent known.

2) The State Superintendent shall only consider a complaint if it alleges a violation occurring not more than one year prior to the date in which the complaint is received.

3) After receiving a complaint that meets the requirements of this subsection (k), the State Superintendent shall:

A) carry out an independent on-site investigation, if deemed necessary by the State Superintendent;

B) give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint; and

C) require that the public entity that is the subject of the complaint submit a written response to the complaint. The public entity shall submit its response and all other documentation to the State Superintendent and the parent, individual, or organization filing the complaint no later than the date indicated in the written correspondence received under this subsection (k).

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4) The State Superintendent must issue a written decision to the complainant that addresses each allegation in the complaint and that contains all of the following:

A) findings of fact and conclusion;

B) the reasons for the State Board of Education's final decision; and

C) orders for any action, including technical assistance.

5) The complaint procedure under this subsection (k) does not limit, diminish, or otherwise deny the federal and State rights and procedural safeguards afforded to students.

(Source: Amended at 45 Ill. Reg. ______, effective ______)

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1) Heading of the Part: Student Online Personal Protection

2) Code Citation: 23 Ill. Adm. Code 380

3) Section Numbers: Proposed Actions: 380.5 New Section 380.10 New Section 380.20 New Section 380.30 New Section

4) Statutory Authority: 105 ILCS 85

5) A Complete Description of the Subjects and Issues Involved: This Part is being modified to align with the enactment of PA 101-516, which will become effective July 1, 2021. It requires the State Board of Education to adopt rules on the methodology and frequency of requests made by a parent of a student to the student's school for a paper or electronic copy of the student's covered information. The large increase in the use of educational technology has prompted parental groups to become concerned about the types of data being collected on students and how schools were using this data. PA 101-516 was enacted to address these concerns and to specifically allow parents a means to request copies of the electronic data collected by the schools.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None

7) Will this rulemaking replace any emergency rule currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other rulemakings pending on this Part? No

11) Statement of Statewide Policy Objective: 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:

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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) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not anticipated at the time the Regulatory Agenda was filed.

The full text of the Proposed Rules begins on the next page:

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TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER k: SCHOOL RECORDS

PART 380 STUDENT ONLINE PERSONAL PROTECTION

Section 380.5 Definitions 380.10 Rights of Parents and Students 380.20 Requests for Covered Information 380.30 Cost for Copies

AUTHORITY: Implementing and authorized by Section 33 of the Student Online Personal Protection Act [105 ILCS 85].

SOURCE: Adopted at 45 Ill. Reg. ______, effective ______.

Section 380.5 Definitions

"Covered Information" means personally identifiable information or material or information that is linked to personally identifiable information or material in any media or format that is not publicly available and is any of the following:

created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's site, service, or application for K through 12 school purposes;

created by or provided to an operator by an employee or agent of a school or school district for K through 12 school purposes; or

gathered by an operator through the operation of its site, service, or application for K through 12 school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special

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education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, a social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information.

"K through 12 School Purposes" means purposes that are directed by or that customarily take place at the direction of a school, teacher, or school district; aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents; or are otherwise for the use and benefit of the school.

"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes. (Section 5 of the Student Online Personal Protection Act)

"Parent" has the meaning given to that term under the Illinois School Student Records Act [105 ILCS 10].

"School" means any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution; or any person, agency, or institution that maintains school student records from more than one school. (Section 5 of the Student Online Personal Protection Act)

"School Code" or "Code" means 105 ILCS 5.

"SOPPA" means the Student Online Personal Protection Act [105 ILCS 85].

"State Board" means the State Board of Education.

"Student" has the meaning given to that term under the Illinois School Student Records Act.

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Section 380.10 Rights of Parents and Students

In addition to any rights granted to parents or students with respect to covered information under Section 33 of the SOPPA or school records under 23 Ill. Adm. Code 375, a school may afford to parents or students any rights granted under this Part.

Section 380.20 Requests for Covered Information

a) In accordance with any applicable federal regulations, a school must provide a student's parent a paper or electronic copy of the student's covered information, including any covered information maintained by an operator or the State Board, within 45 days of receiving a request for such information, as provided under subsection (b). If a parent requests an electronic copy of the student's covered information, the school must provide an electronic copy of that information, unless the school does not maintain the information in an electronic format and reproducing the information in an electronic format would be unduly burdensome to the school.

b) Each request under this Section must be submitted by a parent on a signed and dated request form that includes the parent's name, address, phone number, student's name, and the name of the school from which the request is being made. A school that receives a request under this Section must require a parent to provide proof of identity and relationship to the student before access to the covered information is granted.

c) If covered information requested by a parent under this Section includes data on more than one student, the parent may inspect and review only the covered information relevant to the parent's student.

d) A parent may make no more than one request under this Section per State fiscal quarter.

Section 380.30 Cost for Copies

This Section applies to requests made under Section 380.20.

a) A school may not charge a parent for an electronic copy of a student’s covered information.

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NOTICE OF PROPOSED RULES b) If a parent requests a paper copy of a student’s covered information, a school may charge the parent the actual cost for providing a copy of such information, provided that the cost charged shall not exceed $0.35 per page. No parent shall be denied a requested paper copy of covered information due to the parent’s inability to bear the cost of the copying.

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1) Heading of the Part: General Procedures

2) Code Citation: 80 Ill. Adm. Code 1100

3) Section Number: Adopted Action: 1100.20 Amendment

4) Statutory Authority: Implementing and authorized by Section 5(i) of the Illinois Educational Labor Relations Act [115 ILCS 5/5] and Section 10-75 of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100/10-75].

5) Effective Date of Rule: February 1, 2021

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 rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for inspection.

9) Notice of Proposal published in the Illinois Register: 44 Ill Reg. 17536; November 6, 2020

10) Has JCAR issued a Statement of Objection to this rulemaking? Yes

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? Yes

13) Will this rulemaking replace any emergency rule currently in effect? Yes. 44 Ill. Reg. 15998; effective September 9, 2020

14) Are there any other rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: The Illinois Educational Labor Relations Board (Board) implemented emergency rulemaking pursuant to Section 5-45(b) of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100/5-45] that was effective on September 9, 2020 for up to 150 days. The COVID-19 pandemic continues and some

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educational offices and educational employee representatives offices with whom the Board handles charges and petitions remain closed. The verifiable electronic service via email works well for the Board, for its employees, and for the parties appearing before the Board. Parties and their representatives are able to promptly obtain notices, decisions and orders in lieu of waiting for mail service and office access. Electronic service via email proves to be the most cost-effective, expedient, and reliable method of service. This rulemaking lists email as one form of filing and service of documents in keeping with the amendment to this rule set out more fully in 41 Ill. Reg. 10566, effective August 1, 2017. This rulemaking will also specify the standard for confirming delivery, and in failure to confirm delivery, what steps the agency will take to ensure that service by email or other means is accomplished [5 ILCS 100/5-75(c)].

16) Information and questions regarding this adopted rule shall be directed to:

Ellen M. Strizak General Counsel Illinois Educational Labor Relations Board 160 N. LaSalle Street, Suite N-400 Chicago IL 60601-3103

312/793-3170 [email protected]

The full text of the Adopted Amendment begins on the next page:

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TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE C: LABOR RELATIONS CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD

PART 1100 GENERAL PROCEDURES

Section 1100.10 Definitions 1100.20 Filing and Service of Documents 1100.30 Computation and Extensions of Time 1100.40 Hearing Officers (Repealed) 1100.50 Recording of Hearings (Repealed) 1100.60 Representation of Parties 1100.70 Subpoenas 1100.80 Limitation on Practice Before the Board by Former Employees 1100.90 Amicus Curiae 1100.100 Gender Usage 1100.105 Qualifications of Administrative Law Judges 1100.110 Conflict of Interest 1100.120 Oral Argument 1100.130 Board Meeting Procedures

AUTHORITY: Implementing and authorized by Section 5(i) of the Illinois Educational Labor Relations Act [115 ILCS 5] and by Sections 2.05, 2.06 and 7 of the Open Meetings Act [5 ILCS 120].

SOURCE: Emergency rules adopted at 8 Ill. Reg. 8638, effective June 6, 1984, for a maximum of 150 days; adopted at 8 Ill. Reg. 22548, effective November 5, 1984; amended at 14 Ill. Reg. 1270, effective January 5, 1990; amended at 26 Ill. Reg. 11472, effective July 23, 2002; emergency amendment at 28 Ill. Reg. 971, effective January 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 7932, effective May 28, 2004; amended at 35 Ill. Reg. 14438, effective August 12, 2011; amended at 38 Ill. Reg. 8371, effective April 1, 2014; amended at 41 Ill. Reg. 10566, effective August 1, 2017; emergency amendment at 44 Ill. Reg. 15998, effective September 9, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 1808, effective February 1, 2021.

Section 1100.20 Filing and Service of Documents

ILLINOIS REGISTER 1811 21 ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT a) All documents relating to any proceeding before the Illinois Educational Labor Relations Board (the Board) shall be filed in either the Board's Springfield or Chicago office or shall be sent to the Board's electronic mailbox ([email protected]). Except as otherwise specified in the rules of the Board, documents shall be considered filed with the Board on the date they are received by the Board, except that documents sent by certified or registered mail shall be considered to have been filed on the date on which they are postmarked, and documents sent by overnight delivery service shall be considered to have been filed on the date the receipt shows they were given to the overnight delivery service. A party may file a document by facsimile if the party also sends a hard copy. Documents may also be filed electronically. The Board may direct parties to provide hard copies of documents. Documents, including but not limited to documents filed electronically, must be received by the close of business in order to be considered to have been filed that day. Except for documents filed electronically, a party must file an original and two copies of each document in proceedings before a hearing officer or the Board. b) Whenever 80 Ill. Adm. Code: Subtitle C, Chapter III requires that a document be on a form developed by the Board, the document may be prepared on a form obtained from the Board or on a facsimile thereof. Minor deviations in the form of a document shall not be grounds for objecting to the document. Minor deviations are those deviations that involve form but not substance and thus do not prejudice any other party to the case. c) The Board will serve final Board opinions, complaints and notices of hearing, petitions, intervening claims, unfair labor practice charges, and fair share fee objections on the appropriate parties by personal service, registered or certified mail, or leaving a copy at the principal office or place of business of the person required to be served, or email in accordance with subsection (g). A party may agree to service of the above documents by other means by giving written consent. The Board may serve other documents by other means. d) All documents, except those listed in subsection (c), will be served on the appropriate parties by the party propounding the document by means calculated to provide proper service. When a party is represented in a proceeding before the Board, service shall be on the party's representative. When a party is not represented, service shall be on the party. Subpoenas will be served by the party requesting the subpoena by personal service, registered or certified mail, or leaving a copy at the principal office or place of business of the person required to

ILLINOIS REGISTER 1812 21 ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD

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be served, or email in accordance with subsection (g). e) Whenever a document is filed with the Board, it shall be accompanied by a certificate of service. A certificate of service shall consist of a written statement, signed by the party effecting service, detailing the name of the party served and the date and manner of service. f) Failure of a party to serve a document or failure to attach a certificate of service may be grounds to strike the document, if the failure results in prejudice to another party (such as lack of notice or detrimental reliance) or demonstrates disregard of the Board's processes (such as continued noncompliance). g) The Board may provide service upon a party or its representative through email. Documents issued by the Board in connection with a Board proceeding may be served by email in lieu of other specified means of service. The following procedures for service of documents and other information by verifiable electronic methods, including, but not limited to, email (collectively referred to as "service") will apply to service under 80 Ill. Adm. Code, Subtitle C, Chapter III:

1) A party or its representative shall designate an email address at which service is accepted upon filing an unfair labor practice charge, representation petition, or notice of appearance.

2) A party or its representative shall immediately notify the Board of a change of email address. Any person or entity who regularly practices before the Board shall verify the email address on an annual basis.

3) The showing of interest in a representation petition shall not be served by email. No document containing protected confidential or personally identifying information, as set out in Section 10-75(b) of the Illinois Administrative Procedure Act [5 ILCS 100], shall be served by email.

4) Service by email is effective at the time of the transmission and will be deemed confirmed unless a failure to deliver message is received for all designated email addresses for that Board proceeding. If the Board receives notification that service to all designated email addresses fails, the Board will accomplish service by some other means, such as facsimile or First-Class or Priority Mail to the last facsimile or mailing address provided by the party.

ILLINOIS REGISTER 1813 21 ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT

(Source: Amended at 45 Ill. Reg. 1808, effective February 1, 2021)

ILLINOIS REGISTER 1814 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Genetic Counselor Licensing Act

2) Code Citation: 68 Ill. Adm. Code 1251

3) Section Number: Adopted Action: 1251.100 Amendment

4) Statutory Authority: Implementing and authorized by the Genetic Counselor Licensing Act [225 ILCS 135]

5) Effective Date of Rule: January 28, 2021

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 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 Illinois Register: 44 Ill. Reg. 16063; October 2, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: Spelling was corrected.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? Yes

13) Will this rulemaking replace any emergency rule currently in effect? Yes

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: The current COVID-19 pandemic has been preventing licensees from attending in-person continuing education (CE) programs. The purpose of the proposed amendment is to relax the in-person requirement to allow licensees to satisfy their CE requirements by participating in online courses. This proposed amendment updates the CE requirements for genetic counselors by defining the term "verified attendance" to include participation in online programs. This change will allow licensees to earn CE credits through in-person and online programs.

ILLINOIS REGISTER 1815 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

16) Information and questions regarding this adopted rule shall be directed to:

Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 2nd Floor Springfield IL 62786

217/785-0813 fax: 217/557-4451

The full text of the Adopted Amendment begins on the next page:

ILLINOIS REGISTER 1816 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1251 GENETIC COUNSELOR LICENSING ACT

Section 1251.10 Definitions 1251.20 Qualifications for Licensure 1251.30 Examination 1251.40 Temporary License 1251.50 Endorsement 1251.60 Renewals 1251.70 Fees 1251.80 Restoration 1251.90 Inactive Status 1251.100 Continuing Education 1251.110 Granting Variances

AUTHORITY: Implementing the Genetic Counselor Licensing Act [225 ILCS 135] and authorized by Sections 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105].

SOURCE: Adopted at 30 Ill. Reg. 19717, effective December 18, 2006; amended at 36 Ill. Reg. 3895, effective March 9, 2012; emergency amendment at 44 Ill. Reg. 16189, effective September 15, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 1814, effective January 28, 2021.

Section 1251.100 Continuing Education

a) Continuing Education Hour Requirements

1) Every renewal applicant shall complete 30 contact hours of continuing education (CE) relevant to the practice of genetic counseling during the pre-renewalprerenewal period. A pre-renewalprerenewal period is the 24 months preceding January 31 of each odd-numbered year.

2) A renewal applicant is not required to comply with CE requirements for the first renewal following the original issuance of the license.

ILLINOIS REGISTER 1817 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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3) Genetic Counselors licensed in Illinois but residing and practicing in other states must comply with the CE requirements set forth in this Section. b) Approved Continuing Education

1) All continuing education hours must be earned by verified attendance at, or participation in, a program that is offered by an approved continuing education sponsor who meets the requirements set forth in subsection (c) of this Section. Verified attendance can include participation in programs offered online by approved CE sponsors.

2) Continuing education credit hours used to satisfy the CE requirements of another state may be submitted for approval for fulfillment of CE requirements of the State of Illinois.

3) Credit shall not be given for courses taken in Illinois from unapproved sponsors. c) Approved continuing education sponsors and programs, as used in this Section, shall mean:

1) The American Counseling Association;

2) The American Board of Genetic Counselors;

3) The American Board of Medical Genetics;

4) The National Society of Genetic Counselors (NSGC); or

5) Any other entity approved by the Division.

(Source: Amended at 45 Ill. Reg. 1814, effective January 28, 2021)

ILLINOIS REGISTER 1818 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Marriage and Family Therapy Licensing Act

2) Code Citation: 68 Ill. Adm. Code 1283

3) Section Number: Adopted Action: 1283.110 Amendment

4) Statutory Authority: Implementing and authorized by the Marriage and Family Therapy Licensing Act [225 ILCS 55]

5) Effective Date of Rule: January 28, 2021

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 Illinois Register: 44 Ill. Reg. 16067; October 2, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: Nonsubstantive

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? Yes

13) Will this rulemaking replace any emergency rule currently in effect? Yes

14) Are there any rulemakings pending on this Part? No

16) Information and questions regarding this adopted rule shall be directed to:

ILLINOIS REGISTER 1819 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 2nd Floor Springfield IL 62786

217/785-0813 fax: 217/557-4451

The full text of the Adopted Amendment begins on the next page:

ILLINOIS REGISTER 1820 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1283 MARRIAGE AND FAMILY THERAPY LICENSING ACT

Section 1283.10 Application for a Temporary License Under Section 50 of the Act (Repealed) 1283.15 Professional Work Experience 1283.20 Clinical Experience 1283.25 Clinical Supervision 1283.30 Education 1283.40 Examination 1283.45 Application for a License as an Associate Marriage and Family Therapist 1283.46 Application for Examination/Licensure for an Individual Licensed as an Associate Marriage and Family Therapist 1283.50 Application for Examination/Licensure 1283.60 Endorsement 1283.70 Renewal 1283.80 Inactive Status 1283.90 Restoration 1283.95 Fees 1283.100 Professional Conduct 1283.110 Continuing Education 1283.120 Granting Variances

AUTHORITY: Implementing the Marriage and Family Therapy Licensing Act [225 ILCS 55] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105].

SOURCE: Adopted at 18 Ill. Reg. 10752, effective June 28, 1994; amended at 20 Ill. Reg. 12006, effective August 27, 1996; amended at 22 Ill. Reg. 3883, effective February 5, 1998; amended at 22 Ill. Reg. 16482, effective September 3, 1998; amended at 24 Ill. Reg. 7309, effective May 1, 2000; amended at 28 Ill. Reg. 7072, effective April 28, 2004; amended at 31 Ill. Reg. 4711, effective March 9, 2007; emergency amendment at 44 Ill. Reg. 16202, effective September 15, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 1818, effective January 28, 2021.

ILLINOIS REGISTER 1821 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

Section 1283.110 Continuing Education

a) Continuing Education Hours Requirements

1) Beginning with the 1999 license renewal and every renewal thereafter, every licensee who applies for renewal of a license as a marriage and family therapist shall complete within the pre-renewalprerenewal period 30 hours of continuing education (CE) relevant to the practice of marriage and family therapy.

2) A pre-renewalprerenewal period is the 24 months preceding February 28 of each odd-numbered year.

3) One CE hour shall equal one clock hour.

4) A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois license.

5) Marriage and family therapists licensed in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section.

b) Approved Continuing Education

1) Continuing education hours shall be earned by verified attendance (e.g., certificate of attendance or certificate of completion) at or participation in a program or course (program) that is offered or sponsored by an approved continuing education sponsor who meets the requirements set forth in subsection (c), except for those activities provided in subsectionssubsection (b)(2), (3) and (4).

2) CE credit may be earned through postgraduate training programs (e.g., extern, residency or fellowship programs) or completion of marriage and family therapy related courses that are a part of the curriculum of a college, university or graduate school of marriage and family therapy. Courses that are part of the curriculum of a university, college or other educational institution shall be allotted CE credit at the rate of 15 CE hours for each semester hour or 10 hours for each quarter hour of school credit awarded.

ILLINOIS REGISTER 1822 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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3) CE credit may be earned for verified teaching of a course or program in a college or graduate school approved in accordance with Section 1283.30 and/or as an instructor of continuing education programs given by approved sponsors. Credit will be applied at the rate of 1.5 hours for every hour of teaching or presenting the course or program material and only for the first presentation of the course or program (i.e., credit shall not be allowed for repetitious presentations).

4) CE credit may be earned for authoring papers, publications or books and for preparing presentations and exhibits. The preparation of each published paper, book chapter or audio-visual presentation dealing with marriage and family therapy may be claimed as 5 hours of credit. A presentation must be before a professional audience of marriage and family therapists. Five credit hours may be claimed for only the first time the information is published or presented.

5) A maximum of 15 CE hours per renewal period may be earned throughfor completion of a distance learningcorrespondence course (e.g., pre- recorded online course/program, live online course/program, by mail, computer, etc.) that is offered by an approved sponsor who meets the requirements set forth in subsection (c). Each correspondence course shall include an examination. c) Approved CE Sponsors and Programs

1) Sponsor, as used in this Section, shall mean the American Association for Marriage and Family Therapy and any other person, firm, association, corporation or group that has been approved and authorized by the Division upon recommendation of the Board to coordinate and present continuing education courses and programs.

2) An entity seeking approval as a CE sponsor shall submit an application, on forms supplied by the Division, along with the fee set forth in Section 1283.95(a)(3) of this Part. (State agencies, State colleges and State universities in Illinois shall be exempt from paying this fee). The application shall include:

A) Certification:

ILLINOIS REGISTER 1823 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

i) That all programs offered by the sponsor for CE credit shall comply with the criteria in subsection (c)(3) and all other criteria in this Section;

ii) That the sponsor shall be responsible for verifying full-time continuous attendance at each program and provide a certificate of attendance as set forth in subsection (c)(9);

iii) That upon request by the Division, the sponsor shall submit evidence (e.g., certificate of attendance or course material) as is necessary to establish compliance with this Section. Evidence shall be required when the Division has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance;

B) A copy of a sample program with faculty, course materials and syllabi.

3) All programs shall:

A) Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee in the practice of marriage and family therapy;

B) Foster the enhancement of general or specialized work in the practice of marriage and family therapy;

C) Be developed and presented by persons with education and/or experience in the subject matter of the program;

D) Specify the course objectives, course content and teaching methods to be used; and

E) Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for renewal of a license.

4) Each CE program shall provide a mechanism for evaluation of the

ILLINOIS REGISTER 1824 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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program and instructor by the participants. The evaluation may be completed on-site immediately following the program presentation or an evaluation questionnaire may be distributed to participants to be completed and returned by mail. The sponsor and the instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

5) An approved sponsor may subcontract with individuals and organizations to provide approved programs. All advertising, promotional materials, and certificates of attendance must identify the licensed sponsor and the sponsor's license number. The presenter of the program may also be identified, but should be identified as a presenter. When a licensed sponsor subcontracts with a presenter, the licensed sponsor retains all responsibility for monitoring attendance, providing certificates of attendance and ensuring the program meets all of the criteria established by the Act and this Part, including the maintenance of records.

6) All programs given by approved sponsors shall be open to all marriage and family therapists and not be limited to members of a single organization or group.

7) Continuing education credit hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois.

8) To maintain approval as a sponsor, each sponsor shall submit to the Division by February of each odd-numbered year a renewal application, the fee set forth in Section 1283.95(b)(2) of this Part and a list of courses and programs offered within the last 24 months. The list shall include a brief description, location, date and time of each course given.

9) Certification of Attendance. It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation. The sponsor's certificate of attendance shall contain:

A) The name, address and license number of the sponsor;

B) The name address of the participant;

ILLINOIS REGISTER 1825 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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C) A brief statement of the subject matter;

D) The number of hours attended in each program;

E) The date and place of the program; and

F) The signature of the sponsor.

10) The sponsor shall maintain attendance records for not less than 5 years.

11) The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program.

12) Upon the failure of a sponsor to comply with any one of the requirements of this Section, the Division, after notice to the sponsor and hearing before and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CE credit attendance at or participation in any of the sponsor's CE programs until such time as the Division receives assurances of compliance with requirements of this Section.

13) Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with the requirements of this Section. d) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsections (a) and (b).

2) The Division may require additional evidence demonstrating compliance with the CE requirements (e.g., certificate of attendance). This additional evidence shall be required in the context of the Division's random audit. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

3) When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing and may request an interview with the Board. At that time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-6516 of

ILLINOIS REGISTER 1826 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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the Illinois Administrative Procedure Act [5 ILCS 100/10-65]. e) Continuing Education Earned in Other Jurisdictions.

1) If a licensee has earned CE hours offered in another state or territory not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or 90 days prior to expiration of the license. The Board shall review and recommend approval or disapproval of the program using criteria set forth in subsection (c)(3) of this Section.

2) If a licensee fails to submit an out of state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $25 processing fee plus a $10 per CE hour late fee not to exceed $150. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3) of this Section. f) Restoration of Nonrenewed License. Upon satisfactory evidence of compliance with CE requirements, the Division shall restore the license upon payment of the required fee as provided in Section 55(e) and (f) of the Act. g) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application along with the required fee set forth in Section 55(d) of the Act, a statement setting forth the facts concerning non-compliance and request for waiver of the CE requirements on the basis of these facts. A request for waiver shall be made prior to the renewal date. If the Division, upon the written recommendation of the Board, finds from such affidavit or any other evidence submitted that extreme hardship has been shown for granting a waiver, the Division shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.

2) Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the

ILLINOIS REGISTER 1827 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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CE requirements during the applicable pre-renewalprerenewal period because of:

A) Full-time service in the armed forces of the United States of America during a substantial part of the pre-renewalprerenewal period;

B) An incapacitating illness documented by a statement from a currently licensed physician;

C) A physical inability to travel to the site of approved programs documented by a currently licensed physician; and

D) Any other similar extenuating circumstance.

3) Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in a good standing until the final decision on the application is made by the Division.

(Source: Amended at 45 Ill. Reg. 1818, effective January 28, 2021)

ILLINOIS REGISTER 1828 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Naprapathic Practice Act

2) Code Citation: 68 Ill. Adm. Code 1295

3) Section Number: Adopted Action: 1295.100 Amendment

4) Statutory Authority: Implementing and authorized by the Naprapathic Practice Act [225 ILCS 63].

5) Effective Date of Rule: January 28, 2021

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 Illinois Register: 44 Ill. Reg. 16071; October 2, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: Nonsubstantive

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? Yes

13) Will this rulemaking replace an emergency rule currently in effect? Yes

14) Are there any rulemakings pending on this Part? No

16) Information and questions regarding this adopted rule shall be directed to:

ILLINOIS REGISTER 1829 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 2nd Floor Springfield IL 62786

217/785-0813 fax: 217/557-4451

The full text of the Adopted Amendment begins on the next page:

ILLINOIS REGISTER 1830 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1295 NAPRAPATHIC PRACTICE ACT

Section 1295.05 Application for Licensure as a Naprapath under Section 65 of the Act (Grandfather) (Repealed) 1295.10 Approved Naprapathy Program 1295.20 Application for Licensure on the Basis of Examination 1295.30 Examination 1295.40 Endorsement 1295.50 Renewals 1295.60 Inactive Status 1295.70 Restoration 1295.75 Fees 1295.80 Unprofessional Conduct 1295.100 Continuing Education 1295.110 Granting Variances

AUTHORITY: Implementing the Naprapathic Practice Act [225 ILCS 63] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105].

SOURCE: Adopted at 20 Ill. Reg. 5639, effective April 2, 1996; emergency amendment at 26 Ill. Reg. 18484, effective December 16, 2002, for a maximum of 150 days; amended at 27 Ill. Reg. 7803, effective April 21, 2003; emergency amendment at 44 Ill. Reg. 16221, effective September 15, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 1828, effective January 28, 2021.

Section 1295.100 Continuing Education

a) Continuing Education Hour Requirements

1) Beginning with the December 31, 2006 renewal, every renewal applicant shall complete 30 hours of Continuing Education (CE) relevant to the practice of naprapathy required during each prerenewal period. A pre-

ILLINOIS REGISTER 1831 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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renewalprerenewal period is the 24 months preceding December 31 in the year of the renewal.

2) A CE hour equals 60 minutes. After completion of the initial CE hour, credit may be given in one-half hour increments.

3) Courses that are part of the curriculum of a university or college shall be allotted CE credit at the rate of 15 CE hours for each semester hour or 10 CE hours for each quarter hour of academic credit awarded.

4) A renewal applicant is not required to comply with CE requirements for the first renewal following the original issuance of the license.

5) Naprapaths licensed in Illinois but residing and practicing in other states must comply with the CE requirements set forth in this Section. b) Approved Continuing Education

1) Continuing education hours may be earned by verified attendance at or participation in a program that is offered by an approved continuing education sponsor who meets the requirements set forth in subsection (c). All 30 CE hours may be earned through online programs or courses.

2) CE credit may also be earned as follows:

A) A maximum of 8 hours may be earned per pre-renewalprerenewal period for papers prepared and delivered before recognized naprapathic organizations, papers published in nationally recognized naprapathic journals, or a chapter in a book of naprapathy, each appropriately verified.

B) A licensee who serves as an instructor, speaker or discussion leader of a CE program will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation. Preparation time shall not be allowed for presentations of the same course. The instructor must be able to provide verification of unique content for each CE course taught via course goals, objectives and outline.

ILLINOIS REGISTER 1832 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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C) A maximum of 1 hour of continuing education in cardiopulmonary resuscitation may be earned per pre-renewalprerenewal period.

3) Continuing education credit hours used to satisfy the CE requirements of another jurisdiction may be submitted for approval for fulfillment of the CE requirements of the State of Illinois.

4) Credit shall not be given for courses taken in Illinois from unapproved sponsors. c) Continuing Education Sponsors and Programs

1) Approved sponsor, as used in this Section, shall mean:

A) The American Naprapathic Association or its affiliates;

B) The North American Naprapathic Association or its affiliates; or

C) Any other person, firm, association, corporation, or group that has been approved and authorized by the Department pursuant to subsection (c)(2) of this Section upon the recommendation of the Committee to coordinate and present continuing education courses or programs.

2) Entities seeking a license as a CE sponsor pursuant to subsection (c)(1)(C) shall file a sponsor application, along with the required fee. (State agencies, State colleges and State universities in Illinois shall be exempt from paying this fee.) The applicant shall certify to the following:

A) That all courses and programs offered by the sponsor for CE credit will comply with the criteria in subsection (c) and all other criteria in this Section. The applicant shall be required to submit a sample 3-hour CE program with course materials, presenter qualifications and course outline for review prior to being approved as a CE sponsor;

B) That the sponsor will be responsible for verifying attendance at each course or program, and provide a certification of completion as set forth in subsection (b); and

ILLINOIS REGISTER 1833 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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C) That upon request by the Department, the sponsor will submit evidence as is necessary to establish compliance with this Section. This evidence shall be required when the Department has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance.

3) Each sponsor shall submit by December 31 of each even-numbered year a renewal application along with the renewal fee. With the application, the sponsor shall be required to submit to the Department a list of all courses and programs offered in the pre-renewalprerenewal period, which includes a description, location, date and time the course was offered.

4) All courses and programs shall:

A) Contribute to the advancement, extension and enhancement of professional clinical skills and scientific knowledge in the practice of naprapathy;

B) Provide experiences that contain scientific integrity, relevant subject matter and course materials; and

C) Be developed and presented by persons with education and/or experience in the subject matter of the program.

5) The tuition fees charged for programs conducted by the approved sponsors shall be reasonable and directly related to the sponsor's actual expense in conducting the programs.

6) All programs given by approved sponsors shall be open to all licensed naprapaths and not be limited to the members of a single organization or group and shall specify the number of CE hours.

7) Certificate of Attendance

A) It shall be the responsibility of the sponsor to provide each participant in a program with a certificate of attendance signed by the sponsor. The sponsor's certificate of attendance shall contain:

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i) The name and address of the sponsor;

ii) The name and address of the participant and their naprapathic license number;

iii) A detailed statement of the subject matter;

iv) The number of hours actually attended in each topic;

v) The date of the program; and

vi) The signature of the sponsor.

B) The sponsor shall maintain these records for not less than 5 years.

8) The sponsor shall be responsible for assuring verified continued attendance at each program. No renewal applicant shall receive credit for time not actually spent attending the program.

9) Upon the failure of a sponsor to comply with any of the foregoing requirements, the Department, after notice to the sponsor and hearing before any recommendation by the Committee pursuant to the Administrative Hearing Rules (see 68 Ill. Adm. Code 1110) shall thereafter refuse to accept for CE credit attendance at or participation in any of that sponsor's CE programs until the time as the Department receives reasonably satisfactory assurances of compliance with this Section. d) Continuing Education Earned in Other States

1) If a licensee has earned CE hours in another state or territory for which he/she will be claiming credit toward full compliance in Illinois, that licensee shall submit an out-of-state CE approval form along with a $20 processing fee within 90 days of completion of the course. The Committee shall review and recommend approval or disapproval of this program using the criteria set forth in this Section.

2) If a licensee fails to submit an out-of-state CE approval form within the required time, late approval may be obtained by submitting the application with the $20 processing fee plus a $10 per hour late fee not to exceed

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$150. The Committee shall review and recommend approval or disapproval of this program using the criteria set forth in this Section. e) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full compliance with CE requirements set forth in subsection (a) of this Section.

2) The Department may require additional evidence demonstrating compliance with the CE requirements. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance. The evidence shall be retained for at least 5 years following the renewal period in which the CE was taken.

3) The Department may conduct random audits to verify compliance with CE requirements.

4) When there appears to be a lack of compliance with CE requirements, an applicant will be notified and may request an interview with the Committee, at which time the Committee may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65]. f) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of his/her license without having fully complied with these CE requirements shall file with the Department a renewal application, the renewal fee set forth in Section 1295.75, a statement setting forth the facts concerning thesuch non-compliance, and a request for waiver of the CE requirements on the basis of these facts. If the Department, upon the written recommendation of the Committee, finds from the affidavit or any other evidence submitted, that good cause has been shown for granting a waiver, the Department shall waive enforcement of the requirements for the renewal period for which the applicant has applied.

2) Good cause shall be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable pre-renewalprerenewal period because of:

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A) Full-time service in the armed forces of the United States of America during a substantial part of the pre-renewalsuch period; or

B) Extreme hardship, which shall be determined on an individual basis by the Committee and shall be limited to documentation of:

i) An incapacitating illness documented by a currently licensed physician,

ii) A physical inability to travel to the sites of approved programs, or

iii) Any other similar extenuating circumstances.

3) If an interview with the Committee is requested at the time the request for waiver is filed with the Department, the renewal applicant shall be given at least 20 days written notice of the date, time and place of the interview by certified mail, return receipt requested.

(Source: Amended at 45 Ill. Reg. 1828, effective January 28, 2021)

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1) Heading of the Part: Professional Counselor and Clinical Professional Counselor Licensing Act

2) Code Citation: 68 Ill. Adm. Code 1375

3) Section Number: Adopted Action: 1375.220 Amendment

4) Statutory Authority: Implementing and authorized by the Professional Counselor and Clinical Professional Counselor Licensing Act [225 ILCS 107].

5) Effective Date of Rule: January 28, 2021

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 Illinois Register: 44 Ill. Reg. 16073; October 2, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: Non-substantive

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? Yes

13) Will this rulemaking replace an emergency rule currently in effect? Yes

14) Are there any rulemakings pending on this Part? No

16) Information and questions regarding this adopted rule shall be directed to:

ILLINOIS REGISTER 1838 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 2nd Floor Springfield IL 62786

217/785-0813 fax: 217/557-4451

The full text of the Adopted Amendment begins on the next page:

ILLINOIS REGISTER 1839 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1375 PROFESSIONAL COUNSELOR AND CLINICAL PROFESSIONAL COUNSELOR LICENSING ACT

SUBPART A: LICENSED PROFESSIONAL COUNSELOR

Section 1375.10 Temporary License as a Professional Counselor (Repealed) 1375.20 How to Obtain a Permanent License as a Professional Counselor After Receiving a Temporary License (Repealed) 1375.30 Application for Examination/Permanent Licensure as a Professional Counselor 1375.40 Professional Experience for Licensure as a Professional Counselor after December 31, 1998 (Repealed) 1375.45 Professional Education for Professional Counselor License 1375.50 Approved Professional Counseling Programs (Repealed) 1375.60 Examination – Professional Counselor 1375.70 Endorsement – Professional Counselor 1375.80 Restoration – Professional Counselor

SUBPART B: LICENSED CLINICAL PROFESSIONAL COUNSELOR

Section 1375.100 Temporary License as a Clinical Professional Counselor (Repealed) 1375.110 How to Obtain a Permanent License as a Clinical Professional Counselor After Receiving a Temporary License (Repealed) 1375.120 Application for Examination/Permanent Licensure as a Clinical Professional Counselor 1375.130 Professional Experience for Licensure as a Clinical Professional Counselor 1375.135 Clinical Professional Counselor Licenses for Clinical Psychologists and Clinical Social Workers 1375.140 Approved Clinical Professional Counseling Programs (Repealed) 1375.145 Professional Education for Clinical Professional Counseling Programs 1375.150 Examination – Clinical Professional Counselor 1375.160 Endorsement – Clinical Professional Counselor 1375.170 Restoration – Clinical Professional Counselor

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SUBPART C: GENERAL

Section 1375.200 Renewals 1375.205 Fees 1375.210 Inactive Status 1375.220 Continuing Education 1375.225 Unprofessional Conduct 1375.230 Granting Variances

1375.APPENDIX A Course Descriptions 1375.APPENDIX B Education, Experience and Examination History

AUTHORITY: Implementing the Professional Counselor and Clinical Professional Counselor Licensing Act [225 ILCS 107] and authorized by Section 60(7) of the Civil Administrative Code of Illinois [20 ILCS 2105].

SOURCE: Adopted at 18 Ill. Reg. 18018, effective December 12, 1994; amended at 22 Ill. Reg. 8460, effective May 4, 1998; amended at 24 Ill. Reg. 7335, effective May 1, 2000; emergency amendment at 26 Ill. Reg. 18488, effective December 16, 2002, for a maximum of 150 days; amended at 27 Ill. Reg. 5848, effective March 24, 2003; amended at 27 Ill. Reg. 15483, effective September 19, 2003; amended at 28 Ill. Reg. 16277, effective December 2, 2004; amended at 35 Ill. Reg. 7586, effective May 13, 2011; emergency amendment at 44 Ill. Reg. 16230, effective September 15, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 1837, effective January 28, 2021.

SUBPART C: GENERAL

Section 1375.220 Continuing Education

a) Continuing Education Hours Requirements

1) In order to renew a license, a licensee shall be required to complete 30 hours of continuing education. All clinical professional counselors are required to complete 18 hours in clinical supervision training of the 30 continuing education hours required. This is a one-time (lifetime) requirement. All supervision training successfully completed subsequent to September 1, 2003 can be applied to the 18 hours of clinical supervision

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continuing education required.

2) A prerenewal period is the 24 months preceding March 31 of each odd- numbered year.

3) CE requirements shall be the same for licensed professional counselors and licensed clinical professional counselors.

4) One CE hour shall equal one clock hour of attendance. After completion of the initial CE hour, credit may be given in one-half hour increments.

5) A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois license.

6) Professional counselors or clinical professional counselors licensed in Illinois but residing and practicing in other states or jurisdictions shall comply with the CE requirements set forth in this Section.

7) Continuing education credit hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois. b) Approved Continuing Education (CE)

1) CE hours shall be earned by verified attendance (e.g., certificate of attendance or certificate of completion) at or participation in a program or course (program) that is offered or sponsored by an approved continuing education sponsor who meets the requirements set forth in subsection (c), except for those activities provided in subsections (b)(2), (3) and (4).

2) A maximum of 15 CE credits per renewal period may be earned for successful completion of a correspondence course (e.g., by mail, computer, pre-recorded online course/program, live online course/program, etc.) that is offered by an approved sponsor who meets the requirements set forth in subsection (c). Each correspondence course shall include an examination.

3) CE credit may be earned through postgraduate training programs (e.g., extern, residency or fellowship programs) or completion of professional

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counseling related courses that are a part of the curriculum of a college, university or graduate school. Courses that are part of the curriculum of a university, college or other educational institution shall be allotted CE credit at the rate of 15 CE hours for each semester hour or 10 CE hours for each quarter hour of school credit awarded.

4) CE credit may be earned for verified teaching in the field of counseling in an accredited college, university or graduate school and/or as an instructor of continuing education programs given by approved sponsors. Credit will be applied at the rate of 1.5 hours for every hour taught and only for the first presentation of the program (i.e., credit shall not be allowed for repetitious presentations of the same program). A maximum of 10 hours of CE credit may be obtained in this category per prerenewal period.

5) CE credit may be earned for authoring papers, publications, dissertations or books and for preparing presentations and exhibits in the field of counseling. The preparation of each published paper, book chapter or professional presentation dealing with professional counseling or clinical professional counseling may be claimed as 5 hours of credit. A presentation must be before an audience of professional counselors. Five credit hours may be claimed for only the first time the information is published or presented.

6) A maximum of 8 hours of CE credit may be earned per renewal period for clinical supervision received or provided on a regular basis with a set agenda. Clinical supervision shall be documented with a letter from the supervisor indicating the start and end dates in which the supervision occurred, the site where supervision was provided, the number of hours of participation and the name and license number of the supervisor. The letter shall be signed by the supervisor and the supervisee.

7) A maximum of 6 hours of CE credit may be earned per renewal period for leadership activities. TheseSuch activities include, but are not limited to, officer of a state or national counseling organization; editor of a professional counseling journal; member of a national counselor certification board; member of a national ethics disciplinary review committee; chair of a major counseling conference or convention; active member of a counseling committee producing a substantial written product. The leadership shall be documented in a letter of confirmation on

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the organization's letterhead and shall include the start and end dates of leadership, the name of the organization and the position held. c) Approved CE Sponsors and Programs

1) Sponsor, as used in this Section, shall mean:

A) National Board for Certified Counselors or its affiliates;

B) American Counseling Association or its affiliates;

C) Commission on Rehabilitation Counselor or its affiliates;

D) American Association for Marriage and Family Therapy or its affiliates;

E) Employee Assistance Professional Association (EAPA) and Employee Assistance Society of North America (EASNA) or its affiliates;

F) Social Work Continuing Education Sponsors approved by the Division in accordance with the rules for the administration of Clinical Social Work and Social Work Practice Act [225 ILCS 20], 68 Ill. Adm. Code 1470.95;

G) American Psychological Association or its affiliates; and

H) Any other accredited school, college or university, State agency, or any other person, firm, or association that has been approved and authorized by the Division pursuant to subsection (c)(2) of this Section to coordinate and present continuing education courses and programs.

2) An entity seeking approval as a CE sponsor pursuant to subsection (c)(1)(H) shall submit an application, on forms supplied by the Division, along with the fee set forth in Section 1375.205. (State agencies, State colleges and State universities in Illinois shall be exempt from paying this fee.) The application shall include:

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A) Certification:

i) That all programs offered by the sponsor for CE credit shall comply with the criteria in subsection (c)(3) and all other criteria in this Section;

ii) That the sponsor shall be responsible for verifying full-time continuous attendance at each program and provide a certificate of attendance as set forth in subsection (c)(9);

iii) That, upon request by the Division, the sponsor shall submit evidence (e.g., certificate of attendance or course material) as is necessary to establish compliance with this Section. Evidence shall be required when the Division has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance;

B) A copy of a sample program with faculty, course materials and syllabi.

3) All programs shall:

A) Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee in the practice of professional counseling or clinical professional counseling;

B) Foster the enhancement of general or specialized counseling or clinical counseling practice and values;

C) Be developed and presented by persons with education and/or experience in the subject matter of the program;

D) Specify the course objectives, course content and teaching methods to be used; and

E) Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal.

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4) Each CE program shall provide a mechanism for evaluation of the program and instructor by the participants. The evaluation may be completed on-site immediately following the program presentation or an evaluation questionnaire may be distributed to participants to be completed and returned by mail. The sponsor and the instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

5) An approved sponsor may subcontract with individuals and organizations to provide approved programs. All advertising, promotional materials, and certificates of attendance must identify the licensed sponsor and the sponsor's license number. The presenterpresentor of the program may also be identified, but should be identified as a presenter. When a licensed sponsor subcontracts with a presenter, the licensed sponsor retains all responsibility for monitoring attendance, providing certificates of attendance and ensuring the program meets all of the criteria established by the Act and this Part, including the maintenance of records.

6) All programs given by approved sponsors shall be open to all licensed professional counselors and licensed clinical professional counselors and not be limited to members of a single organization or group.

7) To maintain approval as a sponsor pursuant to subsection (c)(2), each shall submit to the Division by March 30 of each odd-numbered year a renewal application, the fee set forth in Section 1375.205 and a list of courses and programs offered within the last 24 months. The list shall include a brief description, location, date and time of each course given by the sponsor and by any subcontractor.

8) Certification of Attendance. It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation. The sponsor's certificate of attendance shall contain:

A) The name, address and license number of the sponsor;

B) The name and address of the participant;

C) A brief statement of the subject matter;

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NOTICE OF ADOPTED AMENDMENT

D) The number of hours attended in each program;

E) The date and place of the program; and

F) The signature of the sponsor or person responsible for the CE program.

9) The sponsor shall maintain attendance records for not less than 5 years.

10) The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program.

11) Upon the failure of a sponsor to comply with any of the requirements of this Section, the Division, after notice to the sponsor and hearing before and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CE credit attendance at or participation in any of that sponsor's CE programs until such time as the Division receives assurances of compliance with this Section.

12) Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this Section. d) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsections (a) and (b).

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Illinois Administrative Procedure Act [5 ILCS 100/10-65]. e) Continuing Education Earned in Other Jurisdictions

1) If a licensee has earned or is seeking CE hours offered in another jurisdiction not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or within 90 days after expiration of the license. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3).

2) If a licensee fails to submit an out of state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $25 processing fee plus a $50 per CE hour late fee not to exceed $300. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3). f) Restoration of Nonrenewed License. Upon satisfactory evidence of compliance with CE requirements, the Division shall restore the license upon payment of the required fee as provided in Section 1375.205. g) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application along with the required fee set forth in Section 1375.205, a statement setting forth the facts concerning noncompliance and request for waiver of the CE requirements on the basis of these facts. A request for waiver shall be made prior to the renewal date. If the Division, upon the written recommendation of the Board, finds, from such affidavit or any other evidence submitted, that extreme hardship has been shown for granting a waiver, the Division shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.

2) Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the

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CE requirements during the applicable pre-renewalprerenewal period because of:

A) Full-time service in the armed forces of the United States of America during a substantial part of the pre-renewalprerenewal period;

B) An incapacitating illness documented by a statement from a currently licensed physician;

C) A physical inability to travel to the sites of approved programs documented by a currently licensed physician; or

D) Any other similar extenuating circumstances.

3) Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Division.

(Source: Amended at 45 Ill. Reg. 1837, effective January 28, 2021)

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1) Heading of the Part: The Illinois Speech-Language Pathology and Audiology Practice Act

2) Code Citation: 68 Ill. Adm. Code 1465

3) Section Numbers: Adopted Actions: 1465.30 Amendment 1465.35 Amendment

4) Statutory Authority: Implementing and authorized by the Illinois Speech-Language Pathology and Audiology Practice Act [225 ILCS 110].

5) Effective Date of Rules: January 28, 2021

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 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 Illinois Register: 44 Ill. Reg. 16076; October 2, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: There were no changes made to the proposed version.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? None were made.

13) Will this rulemaking replace an emergency rule currently in effect? Yes

14) Are there any rulemakings pending on this Part? No

ILLINOIS REGISTER 1850 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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16) Information and questions regarding these adopted rules shall be directed to:

Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 2nd Floor Springfield IL 62786

217/785-0813 fax: 217/557-4451

The full text of the Adopted Amendments begins on the next page:

ILLINOIS REGISTER 1851 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1465 THE ILLINOIS SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY PRACTICE ACT

Section 1465.10 Application for Licensure Under Section 7 of the Act (Repealed) 1465.20 Approved Programs 1465.30 Professional Experience 1465.35 Supervision 1465.36 Evaluation and Management Related to Speech-Language Pathology and Audiology 1465.40 Application for Licensure 1465.41 Temporary License 1465.45 Jurisdiction 1465.50 Examination 1465.60 Endorsement 1465.70 Renewal 1465.75 Fees 1465.80 Restoration 1465.85 Continuing Education 1465.90 Granting Variances 1465.95 Professional Conduct Standards 1465.100 Basic Health Screenings

AUTHORITY: Implementing the Illinois Speech-Language Pathology and Audiology Practice Act [225 ILCS 110] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105].

SOURCE: Emergency rules adopted at 13 Ill. Reg. 1616, effective January 20, 1989, for a maximum of 150 days; emergency expired June 19, 1989; adopted at 13 Ill. Reg. 13882, effective August 22, 1989; amended at 18 Ill. Reg. 12794, effective August 4, 1994; amended at 19 Ill. Reg. 11477, effective July 28, 1995; emergency amendment at 21 Ill. Reg. 11785, effective August 7, 1997, for a maximum of 150 days; emergency expired January 3, 1998; amended at 22 Ill. Reg. 3879, effective February 5, 1998; amended at 22 Ill. Reg. 21978, effective December 1, 1998; amended at 27 Ill. Reg. 15530, effective September 19, 2003;

ILLINOIS REGISTER 1852 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS amended at 28 Ill. Reg. 14437, effective October 20, 2004; amended at 35 Ill. Reg. 2002, effective January 20, 2011; amended at 44 Ill. Reg. 13072, effective August 7, 2020; emergency amendment at 44 Ill. Reg. 16242, effective September 15, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 1849, effective January 28, 2021.

Section 1465.30 Professional Experience

To meet the requirements of professional experience for licensure as a speech-language pathologist or audiologist as set forth in Section (8)(f) of the Act, the applicant's experience:

a) Shall be an equivalent of 9 months of full-time, supervised professional experience:

1) 30 hours or more per week over 9 months;

2) 25-29 hours per week over 12 months;

3) 20-24 hours per week over 15 months;

4) 15-19 hours per week over 18 months;

5) Less than 15 hours per week will not fulfill professional experience requirements;

b) Shall include direct client contact in at least 36 supervised activities, including but not limited to assessment/diagnosis/evaluation, screening, habilitation/ rehabilitation and activities related to client management as it pertains to the practice of speech-language pathology or audiology as defined in Section 3 of the Act.;

1) At least 18 of the 36 activities shall be on-site observations or remote observation by the supervisor. One hour equals one on-site observation or remote observation; no more than 6 hours can be accrued in one day.

2) The other supervised activities may be accomplished through correspondence and include conferences, evaluation of written reports or evaluations by professional colleagues.;

3) For the purpose of this subsection (b), remote observation means that the

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services are being provided remotely using video-conference technology tools while the supervisor observes;

c) Shall be part of an evaluation and therapy program located in a school, clinic, hospital, community hospital or other equivalent settings (e.g., nursing homes);

d) Shall be supervised by a licensed speech-language pathologist or licensed audiologist. For persons who obtain supervised experience in states or territories of the United States where licensure is not required, the supervisor may be a person who holds certification from the American Speech-Language-Hearing Association or the American Board of Audiology. The supervisor shall be responsible for direct and personal contact, and for monitoring, improving, evaluating and documenting the performance of the individual who is under his/her supervision; and

e) Shall begin after completion of the course work and clinical practicum education to meet the requirements for the master's or doctoral degree. In lieu of meeting the requirements set forth in subsections (a) through (d), the Division shall accept a Certificate of Clinical Competence from the American Speech-Language- Hearing Association or certification from the American Board of Audiology that the applicant has completed the Clinical Fellowship required for certification as a speech-language pathologist or audiologist.

(Source: Amended at 45 Ill. Reg. 1849, effective January 28, 2021)

Section 1465.35 Supervision

a) Pursuant to Section 3.5(a) of the Act, supervision of students in speech-language pathology and audiology programs means that the supervisor is either on-site (but not necessarily in the same room as the student) or available remotely using video-conference technology tools whenever the student is performing practices normally done by a licensed speech-language pathologist or audiologist. Supervision of students requires that direct supervision must be done no less than 25% of the time for treatment and 25% of the time for diagnostics. The supervisor is directly responsible to the client for all actions of that student. For purposes of this Part, direct supervision means the student is on site and, in view of the supervisor, or the supervisor remotely uses video-conference technology tools that are in view of the student. This Part does not apply to students in speech-language pathology assistant programs.

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b) If a person has completed the academic and practicum work for a master's or doctoral degree in speech-language pathology and the individual is in the process of completing the equivalent of 9 months of supervised professional experience for his/her initial license, or the individual has finished that experience and is waiting for his/her application for licensure to be processed, supervision shall meet the requirements set forth in Section 1465.30. c) Pursuant to Section 8.8 of the Act, a speech-language pathology assistant shall:

1) Practice only under the supervision of a licensed speech-language pathologist who has at least 2 years' experience in addition to the supervised professional experience required under Section 8(f) of the Act. A speech-language pathologist who supervises a speech-language pathology assistant must have completed at least 6 clock hours of training in supervision related to speech-language pathology and must complete at least 2 clock hours of continuing education in supervision related to speech-language pathology in each new licensing cycle after completion of the initial training required under Section 8(f) of the Act.

A) The supervision training requirement shall be satisfied by completion of 10 hours of continuing education as defined in Section 1465.85(b).

B) Documentation of prior supervisory experience may be submitted to the Board of Speech-Language Pathology and Audiology (Board) with a request for its acceptance in lieu of the supervision training requirement. The Board retains the discretion to approve or deny the request.

2) Be under the direct supervision of a licensed speech-language pathologist at least 30% of the speech-language pathology assistant's actual patient or client contact time per patient or client on a weekly basis during the first 90 days of initial employment as a speech-language pathology assistant. Thereafter, a speech-language pathology assistant must be under the direct supervision of a licensed speech-language pathologist at least 20% of the speech-language pathology assistant's actual patient or client contact time per patient or client on a weekly basis. Supervision of a speech-language pathology assistant beyond the minimum requirements of this subsection

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(c)(2) may be imposed at the discretion of the supervising speech- language pathologist. A supervising speech-language pathologist must be available to communicate with a speech-language pathology assistant whenever the assistant is in contact with a patient or client.

A) A speech-language pathologist who supervises a speech-language pathology assistant must document direct supervision activities. At a minimum, supervision documentation must provide:

i) information regarding the quality of the speech-language pathology assistant's performance of assigned duties; and

ii) verification that clinical activity is limited to duties specified in Section 8.7 of the Act.

B) A full-time speech-language pathologist may supervise no more than 2 speech-language pathology assistants. A speech-language pathologist who does not work full-time may supervise no more than one speech-language pathology assistant.

3) For purposes of this subsection (c), "direct supervision" means on-site, in- view observation and guidance by a speech-language pathologist while an assigned activity is performed by the speech-language pathology assistant.

(Source: Amended at 45 Ill. Reg. 1849, effective January 28, 2021)

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1) Heading of the Part: The Structural Engineering Practice Act of 1989

2) Code Citation: 68 Ill. Adm. Code 1480

3) Section Number: Adopted Action: 1480.185 Amendment

4) Statutory Authority: Implementing and authorized by the Structural Engineering Practice Act of 1989 [225 ILCS 340].

5) Effective Date of Rule: January 28, 2021

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 Illinois Register: 44 Ill. Reg. 16079; October 2, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: Spelling was corrected.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? Yes

13) Will this rulemaking replace an emergency rule currently in effect? Yes

14) Are there any rulemakings pending on this Part? No

16) Information and questions regarding this adopted rule shall be directed to:

ILLINOIS REGISTER 1857 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 2nd Floor Springfield IL 62786

217/785-0813 fax: 217/557-4451

The full text of the Adopted Amendment begins on the next page:

ILLINOIS REGISTER 1858 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1480 THE STRUCTURAL ENGINEERING PRACTICE ACT OF 1989

Section 1480.10 Statutory Authority (Repealed) 1480.20 Licensure (Repealed) 1480.30 Approved Education Qualifications (Repealed) 1480.40 Approved Experience Qualifications (Repealed) 1480.45 Renewals (Renumbered) 1480.50 Restoration of Expired Certificate (Repealed) 1480.60 Granting Variances (Renumbered) 1480.110 Approved Structural Engineering Curriculum 1480.120 Definition of Degree in Related Science 1480.130 Approved Experience 1480.135 Application for Enrollment as a Structural Engineer Intern by Examination 1480.140 Application for Licensure by Examination 1480.150 Examination 1480.160 Restoration 1480.170 Endorsement 1480.175 Seismic Design Requirement 1480.180 Inactive Status 1480.185 Continuing Education 1480.190 Renewals 1480.195 Fees 1480.200 Professional Design Firm 1480.205 Acts Constituting the Practice of Structural Engineering Pursuant to Section 5 of the Act 1480.210 Standards of Professional Conduct 1480.215 Structural Engineer Complaint Committee 1480.220 Granting Variances

AUTHORITY: Implementing the Structural Engineering Practice Act of 1989 [225 ILCS 340] and authorized by Section 2105-15 of the Civil Administrative Code of Illinois [20 ILCS 2105].

ILLINOIS REGISTER 1859 21 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENT

SOURCE: Adopted at 4 Ill. Reg. 22, p. 242, effective May 15, 1980; amended at 4 Ill. Reg. 44, p. 475, effective October 20, 1980; codified at 5 Ill. Reg. 11068; codified and amended at 5 Ill. Reg. 14171, effective December 3, 1981; emergency amendment at 6 Ill. Reg. 916, effective January 6, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 7448, effective June 15, 1982; transferred from Chapter I, 68 Ill. Adm. Code 480 (Department of Registration and Education) to Chapter VII, 68 Ill. Adm. Code 1480 (Department of Professional Regulation) pursuant to P.A. 85-225, effective January 1, 1988, at 12 Ill. Reg. 2947; emergency amendment at 13 Ill. Reg. 5781, effective April 5, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 13891, effective August 22, 1989; amended at 15 Ill. Reg. 7081, effective April 29, 1991; amended at 17 Ill. Reg. 11162, effective July 1, 1993; amended at 18 Ill. Reg. 14751, effective September 19, 1994; amended at 19 Ill. Reg. 2309, effective February 14, 1995; amended at 19 Ill. Reg. 16081, effective November 17, 1995; amended at 21 Ill. Reg. 13844, effective October 1, 1997; amended at 24 Ill. Reg. 639, effective December 31, 1999; amended at 24 Ill. Reg. 13734, effective August 28, 2000; amended at 26 Ill. Reg. 12271, effective July 24, 2002; emergency amendment at 27 Ill. Reg. 12114, effective July 14, 2003, for a maximum of 150 days; amended at 27 Ill. Reg. 18990, effective December 5, 2003; amended at 34 Ill. Reg. 5669, effective March 30, 2010; amended at 36 Ill. Reg. 4844, effective May 1, 2012; amended at 39 Ill. Reg. 14876, effective November 13, 2015; emergency amendment at 44 Ill. Reg. 16249, effective September 15, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 1856, effective January 28, 2021.

Section 1480.185 Continuing Education

The continuing education required as a condition for license renewal under the Act is set forth in this Section. All structural engineers shall meet these requirements.

a) Continuing Education Requirements

1) For every renewal, renewal applicants shall complete 30 hours of Continuing Education (CE) relevant to the practice of structural engineering during each pre-renewalprerenewal period. The pre-renewalprerenewal period is the 24 months preceding the expiration date of the license. Failure to comply with these requirements may result in nonrenewal of the structural engineer's license or other disciplinary action, or both.

2) A renewal applicant is not required to comply with CE requirements for the first renewal following the original issuance of the license.

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3) Structural engineers licensed in Illinois but residing and practicing in another state must comply with the CE requirements set forth in this Section. Continuing education credit hours used to satisfy the CE requirements of another state and meeting the requirements of this Section may be submitted toward fulfillment of the CE requirements of the State of Illinois.

4) The minimum length of any single CE activity is one hour. After completion of the initial CE hour, credit may be given in one-half hour increments.

5) One continuing education hour shall represent a minimum of 50 minutes of instruction or participation. No credit will be allowed for introductory remarks, meals, breaks or administrative matters related to courses of study. For a CE activity consisting of a single presentation with duration greater than 60 minutes or consisting of multiple individual presentations with total duration greater than 60 minutes, the CE credit earned shall be determined by totaling the minutes of instruction or participation and dividing by 60 to convert to hours. The number of hours from this calculation shall be rounded down to the nearest one-half hour increment.

6) Nontechnical portions of a CE activity, such as receptions, dinners, etc., do not qualify for credit as CE. b) Activities for which CE credit may be earned are as follows:

1) Course work relevant to structural engineering completed at an accredited college or university. One semester credit hour of course work is equivalent to 15 hours of CE and one quarter credit hour of course work is equivalent to 10 hours of CE.

2) A maximum of 10 CE credit hours per pre-renewalprerenewal period may be earned for the completion of a self-administered course. All required CE hours may be obtained online; however, eachEach self-administered course shall include an examination that will be graded by the sponsor.

3) Successful completion of continuing education courses.

4) A maximum of 10 CE credit hours per prerenewal period may be earned

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for attending in-house courses. Credit for in-house courses will be based on one CE credit for each hour of attendance. For courses presented in-house by outside individuals, see subsection (b)(3).

5) Attending workshops or professional or technical meetings, conventions or conferences in person or by webinar in real-time with opportunities for interaction with the presenter. Attendance at qualifying programs, professional and/or technical society meetings will earn CE credits for the actual time of each program. Visiting exhibitor booths or similar activities shall not qualify for CE credit. Recorded webinars shall be considered self-administered and subject to the requirements of subsection (b)(2).

6) Teaching or presenting in the activities described in subsections (b)(1) through (5). CE credit will be applied at the rate of 3 hours for every hour taught, and only for the first presentation of the program (i.e., credit shall not be allowed for repetitious presentations of the same program).

7) Authoring published papers, articles or books. The preparation of each published paper or book chapter dealing with structural engineering may be claimed as 10 hours of CE credit.

8) Two hours of CE credit may be earned by active participation on a committee in a professional or technical society. A maximum of 10 CE credit hours earned through participation on committees will be accepted per prerenewal period. c) All programs or courses shall:

1) Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee in practice of structural engineering;

2) Foster the enhancement of general or specialized practice and values of structural engineering;

3) Be developed and presented by persons with education and/or experience in the subject matter of the program; and

4) Specify the course objectives, course content and teaching methods to be

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used. d) Acceptable providers for programs or course activities shall include, but not be limited to:

1) Technical or professional societies or organizations relating to structural engineering;

2) Colleges, universities or other accredited educational institutions; or

3) Providers of services or products used by or specified by structural engineers. e) It shall be the responsibility of a licensee to maintain a record of CE for 4 years after the renewal that includes:

1) All of the following:

A) The name and address of the sponsor or presenter;

B) A brief statement of the subject matter, printed program schedules, registration receipts or other proof of participation;

C) The number of hours attended in each program; and

D) The date and place of the program; or

2) The certificate of attendance, transcript or records of CE credits maintained by an acceptable provider of continuing education or a records administrator, or log of activities that include activities for CE credit not given by a CE provider. f) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsection (a).

2) The Division may require additional documentation in order to demonstrate compliance with the CE requirements. It is the responsibility

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of each renewal applicant to retain or otherwise produce evidence of compliance. The additional documentation will be required in the context of a Division audit.

3) When there appears to be a lack of compliance with CE requirements, an applicant will be notified and may request an interview with the Board. At that time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65]. g) The Division may conduct random audits to verify compliance with continuing education requirements. h) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application, the required renewal fee, a statement setting forth the facts concerning the non-compliance, a request for waiver of the CE requirements on the basis of these facts, and proof of CE that was completed during the pre-renewalprerenewal period. The applicant may request an interview with the Board at the time of the waiver request. If the Division, upon the written recommendation of the Board, finds from the applicant's affidavit or any other evidence submitted that extreme hardship has been shown to substantiate granting of a waiver, the Division shall waive enforcement of the CE requirements for the renewal period for which the applicant has applied.

2) If an interview with the Board is requested at the time the request for waiver is filed with the Division, the renewal applicant shall be given at least 20 days written notice of the date, time and place of the interview by certified mail, return receipt requested.

3) Extreme hardship shall be determined by the Board on an individual basis and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable pre-renewalprerenewal period because of:

A) Full-time service in the armed forces of the United States of

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America during a substantial part of the pre-renewalprerenewal period;

B) An incapacitating medical condition, documented by a currently licensed physician;

C) A physical inability to travel to the sites of approved programs, documented by a currently licensed physician; or

D) Any other similar extenuating circumstances (i.e., family illness and prolonged hospitalization).

4) Any renewal applicant who, prior to the expiration date of his/her license, submits a request for a waiver, pursuant to the provisions of this subsection (h), shall be deemed to be in good standing and may practice until the Division's final decision on the waiver has been made.

(Source: Amended at 45 Ill. Reg. 1856, effective January 28, 2021)

ILLINOIS REGISTER 1865 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: General Procedures

2) Code Citation: 80 Ill. Adm. Code 1200

3) Section Numbers: Adopted Actions: 1200.40 Amendment 1200.50 Amendment

4) Statutory Authority: Authorized by Section 5(i) of the Illinois Public Labor Relations Act [5 ILCS 315/5(i)].

5) Effective Date of Rules: February 1, 2021

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 any material incorporated by reference, is on file in the Illinois Labor Relation Board's principal office and is available for public inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 16957; October 23, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: All changes were typographical or stylistic in nature.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? None were made.

13) Will this rulemaking replace an emergency rule currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: The rulemaking to Section 1200.40 establishes rules for holding remote hearings via video conferencing technology.

ILLINOIS REGISTER 1866 21 ILLINOIS LABOR RELATIONS BOARD

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The rulemaking to 1200.50 states that the Board will bear the costs charged by a stenographer for the first two days of a hearing, subject to appropriations. This will diminish the financial burden of the hearing process currently imposed upon the parties.

16) Information and questions regarding these adopted rules shall be directed to:

Anna Hamburg-Gal Associate General Counsel Illinois Labor Relations Board 160 N. LaSalle St. Ste. 400 Chicago IL 60601

312/793-6380 [email protected]

The full text of the Adopted Amendments begins on the next page:

ILLINOIS REGISTER 1867 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENTS

TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE C: LABOR RELATIONS CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD

PART 1200 GENERAL PROCEDURES

Section 1200.3 General Statement of Purpose 1200.5 Board Information and Business Hours 1200.7 Board Meetings 1200.10 Definitions 1200.20 Filing and Service of Documents 1200.30 Computation and Extensions of Time 1200.40 Authority of Administrative Law Judges 1200.45 Motions 1200.50 Recording of Hearings and Payment of Court Reporting Services 1200.60 Closing Arguments and Briefs Before An Administrative Law Judge 1200.70 Representation of Parties 1200.80 Ex Parte Communications 1200.90 Subpoenas 1200.100 Transfer of Jurisdiction 1200.105 Consolidation of Proceedings 1200.110 Amicus Curiae Briefs (Repealed) 1200.120 Voluntary Settlement or Adjustment of Disputes 1200.130 Rules of Evidence 1200.135 Appeals Procedures, Board Review and Court Review 1200.140 Briefs 1200.143 Declaratory Rulings 1200.145 Filing of Contracts 1200.150 Conflicts of Interest 1200.160 Variances and Suspensions of Rules 1200.170 Board Member Meeting Attendance by Means other than Physical Presence

AUTHORITY: Implementing and authorized by the Illinois Public Labor Relations Act [5 ILCS 315].

SOURCE: Emergency rule adopted at 8 Ill. Reg. 17314, effective September 11, 1984, for a maximum of 150 days; adopted at 9 Ill. Reg. 1846, effective January 25, 1985; amended at 11 Ill.

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Reg. 6428, effective March 27, 1987; amended at 12 Ill. Reg. 20096, effective November 18, 1988; amended at 14 Ill. Reg. 19896, effective November 30, 1990; amended at 17 Ill. Reg. 15588, effective September 13, 1993; amended at 20 Ill. Reg. 7391, effective May 10, 1996; amended at 27 Ill. Reg. 7365, effective May 1, 2003; emergency amendment at 27 Ill. Reg. 15557, effective September 22, 2003, for a maximum of 150 days; emergency amendment expired February 18, 2004; amended at 28 Ill. Reg. 4166, effective February 19, 2004; emergency amendment at 28 Ill. Reg. 7540, effective May 12, 2004, for a maximum of 150 days; emergency expired October 8, 2004; amended at 28 Ill. Reg. 15154, effective November 1, 2004; emergency amendment at 37 Ill. Reg. 5897, effective April 22, 2013, for a maximum of 150 days; amended at 37 Ill. Reg. 14064, effective August 23, 2013; amended at 37 Ill. Reg. 20637, effective December 13, 2013; emergency amendment at 39 Ill. Reg. 10641, effective July 15, 2015, for a maximum of 150 days; amended at 39 Ill. Reg. 15803, effective November 25, 2015; amended at 40 Ill. Reg. 10892, effective August 1, 2016; expedited correction at 41 Ill. Reg. 4520, effective August 1, 2016; amended at 41 Ill. Reg. 6566, effective May 26, 2017; emergency amendment at 44 Ill. Reg. 11866, effective July 6, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 17694, effective October 26, 2020; amended at 45 Ill. Reg. 1865, effective February 1, 2021.

Section 1200.40 Authority of Administrative Law Judges

a) The Administrative Law Judge (ALJ) shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear and complete record. The ALJAdministrative Law Judge shall have all powers necessary to achieve these ends, including, but not limited to, the discretionary authority to:

1a) Require the parties to participate in a pre-hearing conference and/or mediation before proceeding with a hearing;

2b) Require all parties to submit pre-hearing information, including, but not limited to:,

A) a detailed written statement of the issue to be resolved at hearing and its position;

B) a list of witnesses each party intends to call, the nature of their testimony, the estimated time for each witness' testimony, and the estimated time for the party's case in chief;

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C) a list of exhibits to be offered by each party in its case in chief and a copy of each exhibit; and

D) all other information the ALJAdministrative Law Judge requests;

3c) Regulate the proceedings of the case, and the conduct of the parties and their counsel;

4d) Administer oaths and affirmations;

5e) Receive relevant testimony and evidence;

6f) Establish reasonable limits on the frequency and duration of the testimony of any witness and limit repetitious or cumulative testimony;

7g) Examine witnesses and direct witnesses to testify; however, this provision does not lessen any party's burden of proof;

8h) Issue subpoenas and rule upon motions to revoke subpoenas;

9i) Take administrative notice of generally recognized facts of which Illinois courts may take judicial notice and of other facts within the specialized knowledge and experience of the Board;

10j) Rule on objections, motions and questions of procedure;

11k) Authorize the submission of briefs and set the time for their filing;

12l) Hear closing argument;

13m) Order a hearing reopened prior to the issuance of the ALJ'sAdministrative Law Judge's recommended decision and order;

14n) Render and serve the recommended decision and order on the parties to the proceeding;

15o) Carry out the duties of ALJAdministrative Law Judge as provided or otherwise authorized by the Act, this Part, or 80 Ill. Adm. Code 1210, 1220 or 1230 or the Act.

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b) At the discretion of the ALJ, any hearing required under 80 Ill. Adm. Code 1210 and 1220 may be conducted either in person or by video teleconferencing.

1) Representation hearings shall be held at the offices of the Board or such other location as the Board deems appropriate. [5 ILCS 315/9(a)]

2) Unfair labor practice hearings shall be held at the offices of the Board or such other location as the Board deems appropriate. [5 ILCS 315/11(a)]

3) When a hearing is conducted using video teleconferencing, the parties and the ALJ need not be physically present at the same location.

4) In deciding whether a hearing should be conducted by video teleconferencing, the ALJ shall consider factors such as cost-effectiveness, efficiency, facility accommodations, witness availability, public interest, the parties' preferences, and the proceeding's complexity and contentiousness.

5) When a hearing is conducted using video teleconferencing, appropriate safeguards must be employed to ensure that the ALJ has the ability to assess the witness' credibility and that the parties have a meaningful opportunity to examine and cross-examine the witness. These safeguards must ensure that:

A) the representatives of the parties have the opportunity to be present at the remote location;

B) the ALJ, participants, and reporter are able to hear the testimony and observe the witness;

C) the camera view is adjustable to provide a close-up view of counsel and the witness and a panoramic view of the room;

D) exhibits used in the witness' examination are exchanged in advance of the examination; and

E) video technology assistance is available to address technical difficulties that arise during the examination.

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6) The ALJ may also impose additional safeguards to effectuate the use of video teleconferencing.

7) The official record of the videoconference testimony will be the official transcript prepared by the reporter designated to transcribe the testimony.

(Source: Amended at 45 Ill. Reg. 1865, effective February 1, 2021)

Section 1200.50 Recording of Hearings and Payment of Court Reporting Services

a) When a hearing is held by the Board or its Administrative Law Judge at which oral argument, testimony, or other oral presentation is offered, it shall be recorded by stenographic or other means that adequately preserves the record. The records shall be transcribed and made part of the administrative record. The parties shall share equally all costs charged to the Board by the stenographer or court reporting service. However, an individual, self-represented litigant may direct written correspondence to the General Counsel requesting that the Board pay his/her portion of the cost. Subject to appropriation, the Board will pay all or a portion of the costs that would otherwise be borne by an individual, self-represented litigant.

b) Subject to appropriation, the Board will bear the costs charged by the stenographer or court reporting service for the first two days of hearing. The parties will share equally the costs of any additional days of hearing. When there is inadequate appropriation, the parties shall share equally all costs charged to the Board by the stenographer or court reporting service.

c) The Board will bear the costs of producing a transcript of oral arguments when oral argument is requested by the Board, but not when oral argument is requested by either party.

d) Parties may order transcripts and shall bear the costs of any transcripts that they order.

(Source: Amended at 45 Ill. Reg. 1865, effective February 1, 2021)

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1) Heading of the Part: Representation Proceedings

2) Code Citation: 80 Ill. Adm. Code 1210

3) Section Number: Adopted Action: 1210.140 Amendment

4) Statutory Authority: Authorized by Section 5(i) of the Illinois Public Labor Relations Act [5 ILCS 315/5(i)].

5) Effective Date of Rule: February 1, 2021

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 Illinois Labor Relation Board's principal office and is available for public inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 16964; October 23, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: All changes were typographical or stylistic in nature.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? None were made.

13) Will this rulemaking replace an emergency rule currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: The rulemaking clarifies that when there are three or more choices on a ballot in a representation election and no choice receives a majority, the Board will conduct only one runoff election.

16) Information and questions regarding this adopted rule shall be directed to:

ILLINOIS REGISTER 1873 21 ILLINOIS LABOR RELATIONS BOARD

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Anna Hamburg-Gal Associate General Counsel Illinois Labor Relations Board 160 N. LaSalle St. Ste. 400 Chicago IL 60601

312/793-6380 [email protected]

The full text of the Adopted Amendment begins on the next page:

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TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE C: LABOR RELATIONS CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD

PART 1210 REPRESENTATION PROCEEDINGS

Section 1210.10 General Statement of Purpose 1210.20 Labor Organization Options in Seeking Recognition 1210.30 Employer Options in Responding to Recognition Requests 1210.35 Timeliness of Petitions and Bars to Elections 1210.37 Bargaining Unit Determinations 1210.40 Representation Petitions 1210.50 Intervention Petitions 1210.60 Decertification Petitions 1210.65 Declaration of Disinterest Petition 1210.70 Timeliness of Petitions (Repealed) 1210.80 Showing of Interest 1210.90 Posting of Notice (Repealed) 1210.100 Processing of Petitions 1210.105 Consent Elections 1210.107 Hearings 1210.110 Consent Elections (Renumbered) 1210.120 Bargaining Unit Determinations (Repealed) 1210.130 Eligibility of Voters 1210.140 Conduct of the Election 1210.150 Objections to the Election 1210.160 Voluntary Recognition Procedures 1210.170 Unit Clarification Procedures 1210.175 Stipulated Unit Clarification Procedures 1210.180 Procedures for Amending Certifications 1210.190 Expedited Elections Pursuant to Section 10(b)(7)(C) of the Act

AUTHORITY: Implementing Section 9 and authorized by Section 5(i) and (j) of the Illinois Public Labor Relations Act [5 ILCS 315].

SOURCE: Emergency rule adopted at 8 Ill. Reg. 16014, effective August 22, 1984, for a maximum of 150 days; adopted at 9 Ill. Reg. 1870, effective January 25, 1985; amended at 11 Ill.

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Reg. 6461, effective March 27, 1987; amended at 12 Ill. Reg. 20110, effective November 18, 1988; amended at 14 Ill. Reg. 19930, effective November 30, 1990; amended at 17 Ill. Reg. 15612, effective September 13, 1993; amended at 20 Ill. Reg. 7406, effective May 10, 1996; amended at 27 Ill. Reg. 7393, effective May 1, 2003; emergency amendment at 27 Ill. Reg. 15563, effective September 22, 2003, for a maximum of 150 days; amended at 28 Ill. Reg. 4172, effective February 19, 2004; amended at 45 Ill. Reg. 1872, effective February 1, 2021.

Section 1210.140 Conduct of the Election

a) The election shall be conducted under the supervision of the Board. Voting shall be by secret ballot. Whenever the Board determines that a mail ballot will better effectuate the purposes of the Act, it shall conduct the election by mail ballot. In all other cases, it shall conduct the election on site.

b) Ballots shall list all labor organizations that properly petitioned or intervened in the election, the incumbent exclusive representative, and the choice of "No Representation".

c) WhenWhere an election involves a bargaining unit that includes craft employees, and there has been a proper petition for a separate craft unit, craft employees shall be given two ballots: one to vote for or against craft severance and a second to vote on choice of representative, if any. Noncraft employees shall only be given ballots for voting on choice of representative.

d) WhenWhere an election involves a bargaining unit containing professional and nonprofessional employees, all employees shall be given two ballots: one for indicating whether they desire a combined professional/nonprofessional unit and a second for indicating choice of representative, if any.

e) On Site Election Procedures. When the election is conducted on site, the following procedures shall apply:

1) Each party shall be entitled to an equal number of observers, as determined by the Executive Director or the Board agent. Observers for the employer may not be individuals who supervise any of the employees in the bargaining unit, other individuals closely identified with management, paid union staff, or attorneys for any party. The conduct of observers is subject to such reasonable limitations as the Executive Director or Board agent may prescribe.

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2) Parties must submit to the Board agent the names and job titles of each observer who will be present at the election. This information shall be submitted at least 2 days prior to the election.

3) Election observer duties include assisting in the identification of voters, challenging voters and/or ballots, if necessary, and otherwise assisting the Board agent.

4) The Board agent shall prescribe the area in proximity to the polling place in which electioneering shall be prohibited. Cameras, video equipment, and similar equipment shall be prohibited within the actual polling area while employees are voting.

5) Ballot boxes shall be examined in the presence of the observers immediately prior to the opening of the polls and shall be sealed at the opening of the polls. The seal shall allow for one opening on the top of the ballot box for voters to insert their ballots.

6) The Board agent or any authorized observer may challenge the eligibility of any voter. The observer must state the reason for the challenge. A voter whose identity has been challenged may establish identity by showing a driver's license or any other piece of identification acceptable to the Board agent. A challenged voter shall be permitted to vote in secret. The challenged voter's ballot shall be placed in a "challenged ballot" envelope. The envelope shall be sealed by the Board agent and initialed by the observers. The reason for the challenge and the voter's name shall be marked on the envelope and the envelope shall be placed in the ballot box.

7) A voter shall mark a cross (X) or check mark in the circle or block designating the voter's choice in the election. If the voter seeks assistance in marking the ballot, the intent of the voter shall be followed in that marking of the ballot. If the ballot is defaced, torn or marked in such a manner that it is not understandable, or identifies the voter, the ballot shall be declared void. If the voter inadvertently spoils a ballot, it may be returned to the Board agent who shall give the voter another ballot. The spoiled ballot shall be placed in a "spoiled ballot" envelope. The envelope shall be sealed by the Board agent and initialed by the observers, and the

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Board agent shall place the envelope in the ballot box.

8) A voter shall fold the ballot so that no part of its face is exposed and, on leaving the voting booth, shall deposit the ballot in the ballot box. If the election is continued for more than one period, the ballot box shall be sealed by the Board agent and initialed by the observers until the subsequent opening of the polls and shall remain in the custody of the Board agent until the counting of the ballots.

9) The Board agent may privately assist any voter who, due to physical or other disability, is unable to mark the ballot.

10) Each party shall designate a representative to observe the tallying of the ballots.

11) Upon conclusion of the polling, ballots shall be tallied in accordance with subsection (g). If there was only one polling location, ballots shall be tallied at the polling site. If there was more than one polling location, the Board agent shall seal the ballot boxes, which shall be initialed by the observers, and bring them to a predetermined central location. When all of the ballot boxes have arrived, they shall be opened by the Board agent and the ballots shall be commingled for tallying. f) Mail Ballot Election Procedures.When the election is to be conducted by mail ballot, the following procedures shall apply:

1) Each eligible voter shall be mailed a packet containing a ballot, ballot envelope, a pre-addressed stamped return envelope, and instructions.

2) The instructions shall advise the voter to mark the ballot without using a self-identifying mark, place the ballot in the ballot envelope, seal the ballot envelope and place it in the return envelope, seal the return envelope, both print and sign the return envelope across the seal, and mail it to the Board. The instructions will also advise the voter of the date, set by the Board, by which return envelopes must be postmarked.

3) When the election includes a vote on a combined professional/ nonprofessional unit, or a vote on craft severance, the appropriate voters shall be mailed separate ballots and ballot envelopes for unit preference or

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craft severance, and for choice of representative. These voters shall be instructed to mark the ballots separately, place them in their respective ballot envelopes, and return both ballot envelopes in the return envelope.

4) The parties may designate an equal number of representatives, as set by the Board, to observe the tallying of the ballots. Ballots shall be tallied on a date set by the Board.

5) Ballots shall remain unopened in their return envelopes until the date set for tallying. On the date set for tallying, the representatives and the Board agent shall have an opportunity to challenge any ballots prior to the opening of the return envelopes. Challenged ballots shall be handled in accordance with subsection (e)(6). All ballots that have not been challenged shall be separated from their return envelopes and commingled prior to tallying.

6) The ballots shall be tallied in accordance with subsection Section 1210.140(g).

7) The Board agent shall attempt to resolve ballot challenges before the ballots are counted. g) Vote Tally Procedures. In mail and on site elections, ballots will be tallied, in the presence of the parties' representatives attending the count, as follows:

1) The Board agent shall segregate the challenged ballots. The challenged ballots shall only be opened and counted if they could be determinative of the outcome of the election.

2) If challenges to ballots have not been resolved, and if the challenges could affect the outcome of the election, the Board will treat the challenges in the same manner as objections to the election.

3) When the election includes a vote on craft severance, the craft employee ballots on craft severance shall be tallied first. If a majority of the craft employees casting valid craft severance ballots choose craft severance, the craft and noncraft ballots on choice of representative, if any, shall be tallied separately. If a majority of the craft employees casting valid ballots do not choose craft severance, the ballots on choice of representative, if

ILLINOIS REGISTER 1879 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT

any, shall be tallied together.

4) When the election includes a vote on a combined professional/ nonprofessional unit, the ballots on unit preference shall be tallied first. Separate tallies shall be made for professional and nonprofessional employees. If a majority of the employees casting valid ballots in each group vote for a combined unit, the ballots on choice of representative, if any, shall be tallied together. If a combined unit fails to receive a majority vote in either or both groups, the ballots on choice of representative, if any, shall be tallied separately. h) When there are only two choices on the ballot and each receives 50 percent of the vote, the following shall apply:

1) In representation elections, absent valid objections or challenges, the Board shall certify that a majority of the employees have not voted to select the labor organization as their exclusive representative.

2) In decertification elections, absent valid objections or challenges, the Board shall certify that a majority of the employees no longer desire to be represented by the labor organization. i) WhenWhere there are three or more choices on the ballot (two or more labor organizations and "No Representation") and no choice receives a majority of the valid ballots cast, the Board shall conduct onea runoff election between the two choices that received the most votes. When there is a tie for first place among more than two choices, the runoff shall be among those choices involved in the tie. When the first place choice has not received a majority of the votes and there is a tie for second place, the runoff shall be among the first place choice and those tying for second place. The results of votes taken during the first election on craft severances and/or combined professional/nonprofessional units, if applicable, shall be binding on the runoff election. j) The Board shall preserve all ballots until such time as any objections to the election have been resolved and the results have been certified.

(Source: Amended at 45 Ill. Reg. 1872, effective February 1, 2021)

ILLINOIS REGISTER 1880 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Unfair Labor Practice Proceedings

2) Code Citation: 80 Ill. Adm. Code 1220

3) Section Numbers: Adopted Actions: 1220.80 Amendment 1220.100 Amendment

4) Statutory Authority: Authorized by Section 5(i) of the Illinois Public Labor Relations Act [5 ILCS 315/5(i)].

5) Effective Date of Rules: February 1, 2021

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 any material incorporated by reference, is on file in the Illinois Labor Relation Board's principal office and is available for public inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 16972; October 23, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: All changes were typographical or stylistic in nature.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? None were made.

13) Will this rulemaking replace any emergency rule currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: The rulemaking to Section 1220.80 clarifies the existing process by which parties may obtain a stay of a Board order.

ILLINOIS REGISTER 1881 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENTS

The rulemaking to Section 1220.100 establishes a regulatory framework for the implementation of the recent amendments to Section 6 of the Act. It outlines the process by which parties may file charges alleging that a labor organization unlawfully collected union dues.

16) Information and questions regarding these adopted rules shall be directed to:

Anna Hamburg-Gal Associate General Counsel Illinois Labor Relations Board 160 N. LaSalle St. Ste. 400 Chicago IL 60601

312/793-6380 [email protected]

The full text of the Adopted Amendments begins on the next page:

ILLINOIS REGISTER 1882 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENTS

TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE C: LABOR RELATIONS CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD

PART 1220 UNFAIR LABOR PRACTICE PROCEEDINGS

Section 1220.10 General Statement of Purpose 1220.20 Filing of a Charge 1220.30 Appointment of Counsel (Renumbered) 1220.40 Charge Processing and Investigation, Complaints and Responses 1220.50 Hearings 1220.60 Consideration by the Board (Repealed) 1220.65 Deferral to Arbitration 1220.70 Requests for Preliminary Relief 1220.80 Compliance Procedures 1220.90 Sanctions 1220.100 Unfair Labor Practice Charges Involving Fair Share Fees and Unlawfully- Collected Dues 1220.105 Appointment of Counsel

1220.TABLE A "Adjusted Income" Standards for Appointment of Counsel in Unfair Labor Practice Cases

AUTHORITY: Implementing Sections 10 and 11 and authorized by Section 5(i) of the Illinois Public Labor Relations Act [5 ILCS 315].

SOURCE: Emergency rule adopted at 8 Ill. Reg. 16043, effective August 22, 1984, for a maximum of 150 days; adopted at 9 Ill. Reg. 1898, effective January 25, 1985; amended at 11 Ill. Reg. 6481, effective March 27, 1987; amended at 12 Ill. Reg. 20122, effective November 18, 1988; amended at 14 Ill. Reg. 19959, effective November 30, 1990; amended at 17 Ill. Reg. 15628, effective September 13, 1993; amended at 20 Ill. Reg. 7415, effective May 10, 1996; amended at 27 Ill. Reg. 7436, effective May 1, 2003; emergency amendment at 44 Ill. Reg. 11873, effective July 6, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 17701, effective October 26, 2020; amended at 45 Ill. Reg. 1880, effective February 1, 2021.

Section 1220.80 Compliance Procedures

ILLINOIS REGISTER 1883 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENTS a) Whenever it is determined that an unfair labor practice has been committed, a copy of the Board's decision and order, or a copy of the Administrative Law Judge's (ALJ's) recommended decision and order in cases in whichwhere the Board has declined to review the ALJ'ssuch recommended decision and order, shall be sent to the compliance officer who shall be responsible for monitoring the respondent's compliance with the order. Following an investigation, the compliance officer may order that the parties take certain actions or he or she may set the matter for a compliance hearing. b) Parties may request that the Board seek enforcement of the Board's order pursuant to Section 11(f) of the Act. Requests shall be in the form of a petition for enforcement filed with the Board and served upon the other parties. The petition shall set forth specifically the manner in which the respondent has failed to voluntarily comply with the Board's order, or ALJ'sAdministrative Law Judge's recommended order in cases in whichwhere the Board has declined to review the ALJ'sAdministrative Law Judge's order. c) The compliance officer shall investigate the information in the petition and shall issue and serve upon the parties, no later than 75 days after the filing of the petition, an order dismissing the petition, directing specifically the actions to be taken by the respondent, or setting the matter for hearing before an ALJAdministrative Law Judge. d) If a party fails or refuses to respond to a compliance officer's request for information, the compliance officer shall make the determinations based on the evidence presented. e) No later than 7 days after service of the compliance officer's order dismissing the petition or directing action by the respondent, the parties may file objections to the compliance order. The objections shall:

1) set forth specifically the finding, order or omission to which the objection is taken; and

2) set forth specifically the grounds for the objection, and be accompanied by any available supporting documentation, specific calculations and requests for subpoenas. f) Any objection to a finding, order or omission not specifically urged shall be

ILLINOIS REGISTER 1884 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENTS

deemed waived. In the event that objections are filed by any party, the Board shall set the matter for hearing before an ALJAdministrative Law Judge.

g) Parties may appeal the ALJ'sAdministrative Law Judge's recommended compliance decision and order in accordance with 80 Ill. Adm. Code 1200.135.

h) An aggrieved party may apply to the Appellate Court for a stay of the enforcement of the Board's order after the aggrieved party has followed the procedure prescribed by Supreme Court Rule 335. (Section 11(e))

1) Pursuant to Supreme Court Rule 335(g), "application for a stay of a decision or order of an agency pending direct review in the Appellate Court shall ordinarily be made in the first instance to the agency."

2) Applications for a stay of a decision or order issued by the Board shall be made by motion filed with the General Counsel pursuant to 80 Ill. Adm. Code 1200.45, for consideration and ruling by the Board.

h) All proceeding under this Section shall be suspended during the pendency of any appeal from the Board's decision finding a violation of the Act. However, when a court denies a request for a stay of the proceedings, the compliance officer may resume monitoring the respondent's compliance with the Administrative Law Judge's or Board's decision and order.

(Source: Amended at 45 Ill. Reg. 1880, effective February 1, 2021)

Section 1220.100 Unfair Labor Practice Charges Involving Fair Share Fees and Unlawfully-Collected Dues

a) Unfair Labor Practice Charges Involving Fair Share Fees

1) Unfair labor practice charges that proportionate share fees violate the Act shall be filed and processed in accordance with this Part.

2b) The Board shall consolidate charges involving proportionate share fees in accordance with 80 Ill. Adm. Code 1200.105. Specifically, the Board shall consolidate in a single proceeding all proportionate share fee charges involving the same bargaining unit. The Board shall consolidate charges involving two or more bargaining units whenever it determines that the

ILLINOIS REGISTER 1885 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENTS

exclusive representatives are affiliated with a common employee organization, the exclusive representatives use similar methods for determining fair share fees, the consolidation would not prejudice the constitutional and statutory rights of the objecting employees, and the consolidation would resolve the charges in an efficient manner.

3c) In hearings on fair share fee charges, the exclusive representative shall have the burden of proving how the fair share fee was calculated and that the fee did not exceed the employee's proportionate share of the costs of the collective bargaining process, contract administration and pursuing matters affecting wages, hours and conditions of employment. (SectionSections 3(g) and (e) of the Act) b) Unfair Labor Practice Charges Involving Unlawfully-Collected Dues

1) Unfair labor practice charges that a labor organization has unlawfully collected dues from a public employee in violation of the Act shall be filed and processed in accordance with this Part.

2) In cases in which a public employee alleges that a labor organization has unlawfully collected dues, the public employer shall continue to deduct the employee's dues from the employee's pay, but shall transmit the dues to the Board for deposit in an escrow account maintained by the Board. (Section 6(f-35) of the Act)

3) An exclusive representative must maintain an escrow account for the purpose of holding dues deductions to which employees have objected.

4) The employer shall transmit the entire amount of dues to the exclusive representative, and the exclusive representative shall hold them in escrow.

5) An escrow account maintained by an exclusive representative shall meet the following standards:

A) The account shall be maintained in a federally insured financial institution.

B) The account shall earn interest of at least the rate provided by commercial banks for regular passbook savings accounts.

ILLINOIS REGISTER 1886 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENTS

C) If the account combines the dues of more than one objector, separate records must be kept of each objector's dues, prorating the interest earned on the account.

D) The escrow account may contain the fees of objecting employees in different bargaining units.

E) Any charges resulting from a financial institution for the cost of maintaining an escrow account shall be borne by the exclusive representative.

(Source: Amended at 45 Ill. Reg. 1880, effective February 1, 2021)

ILLINOIS REGISTER 1887 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Impasse Resolution

2) Code Citation: 80 Ill. Adm. Code 1230

3) Section Number: Adopted Action: 1230.90 Amendment

4) Statutory Authority: Authorized by Section 5(i) of the Illinois Public Labor Relations Act [5 ILCS 315/5(i)].

5) Effective Date of Rule: February 1, 2021

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 Illinois Labor Relation Board's principal office and is available for public inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 16979; October 23, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: All changes were typographical or stylistic in nature.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? None were made.

13) Will this rulemaking replace any emergency rule currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: The rulemaking corrects a citation reference.

16) Information and questions regarding this adopted rule shall be directed to:

Anna Hamburg-Gal Associate General Counsel

ILLINOIS REGISTER 1888 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT

Illinois Labor Relations Board 160 N. LaSalle St. Ste. 400 Chicago IL 60601

312/793-6380 [email protected]

The full text of the Adopted Amendment begins on the next page:

ILLINOIS REGISTER 1889 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT

TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE C: LABOR RELATIONS CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD

PART 1230 IMPASSE RESOLUTION

SUBPART A: STATEMENT OF PURPOSE AND DEFINITIONS

Section 1230.10 General Statement of Purpose 1230.20 Definitions (Repealed)

SUBPART B: IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS

Section 1230.30 General Purpose of this Subpart 1230.40 Filing of Contracts (Repealed) 1230.50 Bargaining Notices for Protective Services Units 1230.60 Mediation 1230.70 Demand for Compulsory Interest Arbitration 1230.80 Composition of the Arbitration Panel 1230.90 Conduct of the Interest Arbitration Hearing 1230.100 The Arbitration Award 1230.110 Employer Review of the Award

SUBPART C: IMPASSE PROCEDURES FOR GENERAL PUBLIC EMPLOYEE UNITS

Section 1230.120 General Purpose of this Subpart 1230.130 Filing of Contracts (Repealed) 1230.140 Bargaining Notices for General Public Employee Units 1230.150 Mediation 1230.160 Fact-finding 1230.170 Voluntary Interest Arbitration 1230.180 Strikes 1230.190 Petitions for Strike Investigations

SUBPART D: GRIEVANCE ARBITRATION AND MEDIATION

ILLINOIS REGISTER 1890 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT

Section 1230.200 Grievance Arbitration 1230.210 Grievance Mediation

SUBPART E: ILLINOIS PUBLIC EMPLOYEE MEDIATION/ARBITRATION ROSTER

Section 1230.220 Mediation/Arbitration Roster

AUTHORITY: Implementing Sections 7, 12, 13, 17 and 18 and authorized by Section 5(i) and (j) of the Illinois Public Labor Relations Act [5 ILCS 315].

SOURCE: Emergency rule adopted at 8 Ill. Reg. 17322, effective September 11, 1984, for a maximum of 150 days; adopted at 9 Ill. Reg. 1857, effective January 25, 1985; Part repealed, new Part adopted at 11 Ill. Reg. 6434, effective March 27, 1987; amended at 12 Ill. Reg. 20102, effective November 18, 1988; amended at 14 Ill. Reg. 19903, effective November 30, 1990; amended at 17 Ill. Reg. 15599, effective September 13, 1993; amended at 27 Ill. Reg. 7456, effective May 1, 2003; amended at 41 Ill. Reg. 4510, effective April 17, 2017; amended at 45 Ill. Reg. 1887, effective February 1, 2021.

SUBPART B: IMPASSE PROCEDURES FOR PROTECTIVE SERVICES UNITS

Section 1230.90 Conduct of the Interest Arbitration Hearing

a) The neutral chairman of the arbitration panel shall provide the parties with reasonable notice of a hearing to commence within 15 days following the Chairman's appointment. The parties may agree in writing to extend the time for commencement of the hearing for a period of time not to exceed 90 days. The hearing shall conclude within 30 days following its commencement, unless the parties agree to extend this period.

b) The arbitration panel shall be responsible for choosing the location of the hearing and securing the premises. The Board hereby deems it appropriate for hearings to take place at the location selected by the panel. Requests to use the hearing rooms at the Board's offices must be made to the Board at least 10 days in advance, and will only be granted if space is available.

c) The neutral chairman shall preside over the hearing and shall take testimony.

ILLINOIS REGISTER 1891 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT

(Section 14(d) of the Act) The neutral chairman shall control the hearing to ensure that it is concluded expeditiously within 30 days after its commencement or within such longer period to which the parties may agree. d) The neutral chairman shall have the authority to issue subpoenas in accordance with this Section. Subpoenas shall be secured by the neutral chairman from the Board's office. If any person refuses to obey a subpoena, or refuses to be sworn or to testify, or if any witness, party or representative is guilty of contempt while in attendance at the hearing, the neutral chairman may advise the Board's General Counsel. The General Counsel shall request the assistance of the Attorney General to invoke the aid of the circuit court within the jurisdiction in which the hearing is being held. (Section 14(e) of the Act) e) The arbitration proceeding shall be informal. Technical rules of evidence shall not apply and the competence of evidence shall not thereby be deemed impaired. (Section 14(d) of the Act) f) The arbitration panel may administer oaths, require the attendance of witnesses and the production of books, papers, contracts, agreements, and documents as may be deemed by it to be material to a just determination of the issues in dispute. (Section 14(e) of the Act) g) The hearing proceedings shall be transcribed. The arbitration panel shall arrange for the recording and transcription of the proceedings. The costs of recording and transcribing the hearing shall be shared equally by the parties. Any party that desires a copy of the transcript shall be responsible for the cost of its copy. h) The neutral chairman, if he or she is of the opinion that it would be useful or beneficial to do so, may remand the dispute to the parties for further collective bargaining for a period not to exceed 2 weeks. (Section 14(f) of the Act) The chairman shall notify the Board in writing of any such remand. If the dispute is remanded to the parties, the running of the time period for conclusion of the hearing shall be stayed. i) Majority actions and rulings shall constitute the actions and rulings of the arbitration panel. (Section 14(d) of the Act) j) Arbitration proceedings shall not be interrupted or terminated by reason of any unfair labor practice charges involving either party. (Section 14(d) of the Act)

ILLINOIS REGISTER 1892 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT

k) Whenever one party has objected in good faith to the presence of an issue before the arbitration panel on the ground that the issue does not involve a subject over which the parties are required to bargain, the arbitration panel's award shall not consider that issue. However, except as provided in subsections (1) and (m) of this Section, the arbitration panel may consider and render an award on any issue that has been declared by the Board, or by the General Counsel pursuant to 80 Ill. Adm. Code 1200.143140(b), to be a subject over which the parties are required to bargain. l) Arbitration – Peace Officers

1) In arbitration proceedings involving peace officers, the arbitration panel's decision shall be limited to wages, hours and conditions of employment (which may include residency requirements in municipalities with a population under 1,000,000, but those residency requirements shall not allow residency outside of Illinois) and shall not include the following:

A) residency requirements in municipalities with a population of at least 1,000,000;

B) the type of equipment, other than uniforms, issued or used;

C) manning;

D) the total number employees employed by the department;

E) mutual aid and assistance agreements to other units of government; and

F) the criterion pursuant to which force including deadly force, can be used.;

2) However,provided nothing in Section 14(i) of the Act or in this subsection (l)herein shall preclude an arbitration decision regarding equipment or manning considerations in a specific work assignment involve a serious risk to the safety of a peace officer beyond that which is inherent in the normal performance of police duties. (Section 14(i) of the Act)

ILLINOIS REGISTER 1893 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT m) Arbitration – Firefighters/Paramedics

1) In arbitration proceedings involving firefighters or paramedics employed by fire departments or fire protection districts, the arbitration panel's decision shall be limited to wages, hours and conditions of employment (which may include residency requirements in municipalities with a population under 1,000,000, but those residency requirements shall not allow residency outside of Illinois) and shall not include the following matters:

A) residency requirements in municipalities with a population of at least 1,000,000;

B) the type of equipment (other than uniforms and fire fighter turnout gear) issued or used;

C) the total number of employees employed by the department;

D) mutual aid and assistance agreements to other units of government; and

E) the criterion pursuant to which force, including deadly force, can be used;

2) However,provided, however, nothing in Section 14(i) of the Act or this subsection (m)herein shall preclude an arbitration decision regarding equipment levels if thatsuch decision is based on a finding that the equipment considerations in a specific work assignment involve a serious risk to the safety of a fire fighter beyond that which is inherent in the normal performance of fire fighter duties. (Section 14(i) of the Act)

3) TheThese limitations of this subsection (m) shall not apply to any provision of a firefighter collective bargaining agreement in effect and applicable as of January 1, 1986. n) If issues of peace officer manning, or peace officer, firefighter or paramedic equipment, are raised, unless otherwise agreed to by the parties, the panel shall receive evidence concerning the existence of a serious safety risk beyond that which is inherent in the normal performance of the employee's duties and

ILLINOIS REGISTER 1894 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT

evidence concerning the merits of the issue in the same proceeding. o) The arbitration panel:

1) shall:

A) determine which issues are in dispute and which of those issues are economic issues; and

B) serve a copy of that determination on the parties; and

C) require the parties to submit their final offers of settlement on each economic issue in dispute.

2) need not determine whether, with regard to protective service employees, equipment or manning issues involve serious safety risks beyond that which is inherent in the normal performance of the employees' duties at this stage of the proceeding.

3) may allow the parties reasonable additional time, as determined by the number and the complexity of the issues, for presenting written or oral arguments in support of their positions. The hearing shall be considered concluded when final offers are submitted or when written or oral arguments are presented, whichever is later.

4) whenwhere the Board has issued an order or the General Counsel has issued a declaratory ruling, or an issue concerning the mandatory or non- mandatory nature of a matter is in dispute between the parties, allow parties to amend those aspects of their final offers affected by the Board Order or General Counsel's declaratory ruling. p) The following costs shall be shared equally by the parties:

1) theThe neutral chairman's fee;, and

2) costs of recording and transcribing the hearing;,

3) the rent, if any, for the hearing room;, and

ILLINOIS REGISTER 1895 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED AMENDMENT

4) all other costs of the proceeding, except for supplemental proceedings necessitated by an employer's rejection of an arbitration award, shall be shared equally by the parties.

(Source: Amended at 45 Ill. Reg. 1887, effective February 1, 2021)

ILLINOIS REGISTER 1896 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED REPEALER

1) Heading of the Part: Gubernatorial Designation of Positions Excluded from Collective Bargaining

2) Code Citation: 80 Ill. Adm. Code 1300

3) Section Numbers: Adopted Actions: 1300.10 Repealed 1300.20 Repealed 1300.30 Repealed 1300.40 Repealed 1300.50 Repealed 1300.60 Repealed 1300.70 Repealed 1300.80 Repealed 1300.90 Repealed 1300.100 Repealed 1300.110 Repealed 1300.120 Repealed 1300.130 Repealed 1300.140 Repealed 1300.150 Repealed

4) Statutory Authority: Authorized by Section 5(i) of the Illinois Public Labor Relations Act [5 ILCS 315/5(i)].

5) Effective Date of Repealer: February 1, 2021

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 repealer, including any material incorporated by reference, is on file in the Illinois Labor Relation Board's principal office and is available for public inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 16988; October 23, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

ILLINOIS REGISTER 1897 21 ILLINOIS LABOR RELATIONS BOARD

NOTICE OF ADOPTED REPEALER

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? None were made.

13) Will this repealer replace any emergency rule currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Repealer: These rules are being repealed because the legislation they implemented is no longer in effect.

16) Information and questions regarding this adopted repealer shall be directed to:

Anna Hamburg-Gal Associate General Counsel Illinois Labor Relations Board 160 N. LaSalle St. Ste. 400 Chicago IL 60601

312/793-6380 [email protected]

ILLINOIS REGISTER 1898 21 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: 810.20 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].

5) Effective Date of Rules: January 27, 2021

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 17038; October 30, 2020

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

13) Will this rulemaking replace an emergency rule currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: This Part is being amended to update site-specific and statewide sporting regulations.

ILLINOIS REGISTER 1899 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

16) Information and questions regarding these adopted rules shall be directed to:

John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

The full text of the Adopted Amendments begins on the next page:

ILLINOIS REGISTER 1900 21 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 1901 21 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 1902 21 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; amended at 45 Ill. Reg. 1898, effective January 27, 2021.

Section 810.20 Snagging

a) Sport fishermen are permitted only one pole and line device to which can be attached no more than two hooks. On the Mississippi River between Illinois and Iowa, the maximum treble hook size is 5/0; gaffs may not be used to land paddlefish.

b) Species of Fish and Snagging Catch Limit.

1) Only the following species of fish and harvest limit may be taken by snagging:

Asian Carp (no live possession) – no harvest limit

Carp − no harvest limit

Buffalo − no harvest limit

Freshwater Drum − no harvest limit

ILLINOIS REGISTER 1903 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Salmon (coho and chinook only) − 5 fish in the aggregate daily harvest limit

Paddlefish − 2 per day; the maximum length limit for paddlefish taken from the Mississippi River between Illinois and Iowa is 33" eye-fork length (EFL) (all paddlefish greater than or equal to 33" EFL must be immediately released back to the Mississippi River); the minimum length limit for paddlefish taken from the Mississippi River between Illinois and Missouri is 24-inch EFL (all paddlefish less than or equal to 24-inch EFL must be immediately released back to the Mississippi River)

Bowfin − no harvest limit

Gizzard shad − no harvest limit

Carpsuckers − no harvest limit

Longnose gar − no harvest limit

Shortnose gar − no harvest limit

Suckers − no harvest limit

2) No sorting (i.e., catching more fish than is allowed and putting back some in order to keep larger ones) of snagged salmon and paddlefish is permitted, except for paddlefish taken from the Mississippi River between Illinois and Missouri where sorting is permitted. Every paddlefish snagged must be included in the daily harvest limit. Every salmon 10 inches in total length or longer snagged must be taken into immediate possession and included in the daily harvest limit. Once the daily limit of salmon or paddlefish has been reached, snagging must cease. c) Waters Open to Snagging and Snagging Season.

1) Snagging for fish is permitted from September 15 through December 15 and from March 15 through May 15 within a 300 yard downstream limit below all locks and dams of the Illinois River, except for the area below the Peoria Lock and Dam where snagging is permitted year round.

ILLINOIS REGISTER 1904 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

2) Snagging for fish is permitted from September 15 through December 15 and from March 15 through May 15 within a 300 yard downstream limit below all locks and dams of the Mississippi River between Illinois and Missouri, except for the Chain of Rocks low water dam at Chouteau Island − Madison County, also known as Dam 27 at the Chain of Rocks − Madison County where no snagging is permitted. Snagging is permitted from ½ hour before sunrise to ½ hour after sunset daily, March 1 through April 15 within a 500 yard downstream limit below locks and dams on the Mississippi River between Illinois and Iowa.

3) Snagging for fish is permitted year-round within a 100 yard limit upstream or downstream of the dam at Horseshoe Lake in Alexander County.

4) Snagging for chinook and coho salmon only is permitted from the following Lake Michigan shoreline areas from October 1 through December 31; however, no snagging is allowed at any time within 200 feet of a moored watercraft or as posted:

A) Lincoln Park Lagoon from the Fullerton Avenue Bridge to the southern end of the Lagoon.

B) Waukegan Harbor (in North Harbor basin only).

C) Winnetka Power Plant discharge area.

D) Jackson Harbor (Inner and Outer Harbors).

d) Disposition of Snagged Salmon and Paddlefish. All snagged salmon and paddlefish must be removed from the area from which they are taken and disposed of properly, in accordance with Article 5, Section 5-5 of the Fish and Aquatic Life Code.

(Source: Amended at 45 Ill. Reg. 1898, effective January 27, 2021)

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.

ILLINOIS REGISTER 1905 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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,

ILLINOIS REGISTER 1906 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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. 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

ILLINOIS REGISTER 1907 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

aggregate) caught within each of the following fish groupings.

A) Largemouth or smallmouth bass

B) Walleye, sauger, or their hybrid

C) Bluegill, redear, 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 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

ILLINOIS REGISTER 1908 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 to the extent of theup to Lake Shelbyville Project boundaries – including parts of the Lake Shelbyville State Fish and Wildlife Management Area, except ponds), 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.

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

ILLINOIS REGISTER 1909 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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.

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:

ILLINOIS REGISTER 1910 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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.

ILLINOIS REGISTER 1911 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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.

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.

ILLINOIS REGISTER 1912 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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.

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 45 Ill. Reg. 1898, effective January 27, 2021)

Section 810.45 Site Specific Water Area Regulations

ILLINOIS REGISTER 1913 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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)

ILLINOIS REGISTER 1914 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 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) 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

ILLINOIS REGISTER 1915 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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

ILLINOIS REGISTER 1916 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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)

ILLINOIS REGISTER 1917 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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

ILLINOIS REGISTER 1918 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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) ● 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

ILLINOIS REGISTER 1919 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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)

ILLINOIS REGISTER 1920 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

Brock Lake, City of Mackinaw Tazewell County Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Channel Catfish ● 3 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● Protected Slot Length Limit with only 1 Fish ≥ to 15" and 2 Fish under 12" ● 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 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

ILLINOIS REGISTER 1921 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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)

ILLINOIS REGISTER 1922 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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) 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

ILLINOIS REGISTER 1923 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 ● 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

ILLINOIS REGISTER 1924 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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)

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

ILLINOIS REGISTER 1925 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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) 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

ILLINOIS REGISTER 1926 21 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" 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

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

ILLINOIS REGISTER 1927 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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

ILLINOIS REGISTER 1928 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

Coal Miner's Park Pond, City of Spring Valley Bureau County Large or Smallmouth Bass ● 15" 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

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

ILLINOIS REGISTER 1929 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 Channel Catfish ● 6 Fish Daily Harvest Limit

Crab Orchard National Wildlife Refuge – Crab Orchard Lake, U.S. Fish and Wildlife Service Williamson County

ILLINOIS REGISTER 1930 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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

ILLINOIS REGISTER 1931 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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

ILLINOIS REGISTER 1932 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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

ILLINOIS REGISTER 1933 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 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) ● 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

ILLINOIS REGISTER 1934 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 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, 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 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

ILLINOIS REGISTER 1935 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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

ILLINOIS REGISTER 1936 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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 with no more than 5 Fish ≥ 10"

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

ILLINOIS REGISTER 1937 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 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 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)

ILLINOIS REGISTER 1938 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 14" Minimum Length Limit ● 6 Fish Daily Harvest Limit White, Black or Hybrid Crappie ● No Harvest Limit with no more than 10

Fish ≥ 8" 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 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)

ILLINOIS REGISTER 1939 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 ● 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"

ILLINOIS REGISTER 1940 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 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)

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

ILLINOIS REGISTER 1941 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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

ILLINOIS REGISTER 1942 21 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 ● 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

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

ILLINOIS REGISTER 1943 21 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 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

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

ILLINOIS REGISTER 1944 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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"

ILLINOIS REGISTER 1945 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 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 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

ILLINOIS REGISTER 1946 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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)

ILLINOIS REGISTER 1947 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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

ILLINOIS REGISTER 1948 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 ● 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

ILLINOIS REGISTER 1949 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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)

ILLINOIS REGISTER 1950 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Channel Catfish ● 6 Fish Daily Harvest Limit Trout ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (9) ● Spring Closed Season (11) ● Catch and Release Fishing 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 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

ILLINOIS REGISTER 1951 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Trout ● Fall Closed Season (10) ● Catch and Release Fishing is permitted (9) ● Spring Closed Season (11) ● Catch and Release 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 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

ILLINOIS REGISTER 1952 21 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

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

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

ILLINOIS REGISTER 1953 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 3 Fish Daily Harvest Limit Trout ● Spring Closed Season (11) ● Catch and Release Fishing Permitted (9) ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (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) 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

ILLINOIS REGISTER 1954 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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) 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)

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)

ILLINOIS REGISTER 1955 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 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 ● 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 with no more than 5 Fish ≥ 10"

ILLINOIS REGISTER 1956 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 ● 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

ILLINOIS REGISTER 1957 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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) Bluegill or Redear Sunfish (14) ● 25 Fish Daily Harvest Limit Black, White or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit Channel Catfish ● 6 Fish Daily Harvest Limit Large or Smallmouth Bass (14) ● 18" Minimum Length Limit6 Fish Daily Harvest Limit ● 1 Fish Daily Harvest Limit

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

ILLINOIS REGISTER 1958 21 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) ● 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

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 White, Black or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Lake Mendota, City of Mendota LaSalle County

ILLINOIS REGISTER 1959 21 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) ● 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 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)

ILLINOIS REGISTER 1960 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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

ILLINOIS REGISTER 1961 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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) Striped Bass ● 32" Minimum Length Limit ● 2 Fish Daily Harvest Limit 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) ●

ILLINOIS REGISTER 1962 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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)

ILLINOIS REGISTER 1963 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 than 10 Fish ≥ 10"

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

ILLINOIS REGISTER 1964 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 ● 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

ILLINOIS REGISTER 1965 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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 Bluegill or Redear Sunfish (14) ● 5 Fish Daily Harvest Limit 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)

ILLINOIS REGISTER 1966 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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

ILLINOIS REGISTER 1967 21 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) ● 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 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) ● Catch and Release Fishing Permitted (9) ● Spring Closed Season (11) ● Catch and Release 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

ILLINOIS REGISTER 1968 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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

ILLINOIS REGISTER 1969 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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 Fish ≥ 15" Daily

ILLINOIS REGISTER 1970 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 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 Fish 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 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

ILLINOIS REGISTER 1971 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 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 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 Striped ● 25 Fish Daily Harvest Limit singly or in 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) ●

ILLINOIS REGISTER 1972 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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, 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 Bass ● 12" Minimum Length Limit or

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

ILLINOIS REGISTER 1973 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 Striped ● 30 Fish Daily Harvest Limit singly or in 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 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

ILLINOIS REGISTER 1974 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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)

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

ILLINOIS REGISTER 1975 21 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 ● 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 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

ILLINOIS REGISTER 1976 21 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) ● 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 Striped, White, Yellow or Hybrid ● 30 Fish Daily Harvest Limit, singly or in Striped Bass the aggregate, of which no more than 4 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

ILLINOIS REGISTER 1977 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

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)

PalmisanoPalmissano Pond (StearnsStern's Park Quarry), Chicago Park District Cook County All Fish ● 2 Pole and Line Fishing Only (1) ● Catch and Release Fishing Only (9)

ILLINOIS REGISTER 1978 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 ● 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

ILLINOIS REGISTER 1979 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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) 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) ● Catch and Release Fishing Permitted (9) ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (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)

ILLINOIS REGISTER 1980 21 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 (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) 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

ILLINOIS REGISTER 1981 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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, Goldeneye Lake and Mallard Lake, Pyramid State Park Perry County 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

ILLINOIS REGISTER 1982 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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)

ILLINOIS REGISTER 1983 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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) 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

ILLINOIS REGISTER 1984 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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

ILLINOIS REGISTER 1985 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Kankakee County All Fish ● 2 Pole and Line Fishing Only (1) Trout ● Spring Closed Season (11) ● Catch and Release Fishing Permitted (9) ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (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

ILLINOIS REGISTER 1986 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Route 6 Quarries (East and West), 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

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

ILLINOIS REGISTER 1987 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Sam Dale Lake, Sam Dale Conservation Area Wayne 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" 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

ILLINOIS REGISTER 1988 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

traffic during waterfowl season. Bank fishing along the dam shall be permitted. 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

ILLINOIS REGISTER 1989 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 1 Fish Daily Harvest Limit

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

ILLINOIS REGISTER 1990 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Shawnee National Forest – Lake Glendale, 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 – 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

ILLINOIS REGISTER 1991 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Largemouth, Smallmouth or Spotted ● 15" Minimum Length Limit Bass

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) ● Catch and Release Fishing Permitted (9) ● Spring Closed Season (11) ● Catch and Release Fishing 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 Large or Smallmouth Bass (14) ● 15" Minimum Length Limit ● 3 Fish Daily Harvest Limit

ILLINOIS REGISTER 1992 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 Pure Muskellunge ● 1 Fish ≥ 36" but < 42", or 1 fish ≥ 48" in total length (52)

ILLINOIS REGISTER 1993 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 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 All Fish ● 2 Pole and Line Fishing Only (1)(5) Bluegill and Redear Sunfish (14) ● 15 Fish Daily Harvest Limit

ILLINOIS REGISTER 1994 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 Striped, White, or Hybrid Striped Bass ● 17" Minimum Length Limit (16) ● 3 Fish Daily Harvest Limit

ILLINOIS REGISTER 1995 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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 1996 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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) 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

ILLINOIS REGISTER 1997 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

Turkey Bluff Ponds, State of Illinois Randolph County All Fish ● 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 1998 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 ● 3 Fish Daily Harvest Limit

Valmeyer Lake, City of Valmeyer

ILLINOIS REGISTER 1999 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 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

ILLINOIS REGISTER 2000 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

● 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 ● 3 Fish Daily Harvest Limit

Wampum Lake, Cook County Forest Preserve District

ILLINOIS REGISTER 2001 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 ● 3 Fish Daily Harvest Limit

Waverly Lake, City of Waverly

ILLINOIS REGISTER 2002 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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

West Salem Reservoir, City of West Salem Edwards County All Fish ● 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 2003 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 ● 3 Fish Daily Harvest Limit White, Black, or Hybrid Crappie (15) ● 25 Fish Daily Harvest Limit ● 9" Minimum Length Limit

ILLINOIS REGISTER 2004 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Trout ● Fall Closed Season (10) ● Catch and Release Fishing Permitted (9) ● Spring Closed Season (11) ● Catch and Release Fishing Permitted (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) 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"

ILLINOIS REGISTER 2005 21 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

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 45 Ill. Reg. 1898, effective January 27, 2021)

Section 810.70 Free Fishing Days

During the period of June 1819, 1920, 2021 and 22, 20212020, 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 45 Ill. Reg. 1898, effective January 27, 2021)

ILLINOIS REGISTER 2006 21 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Income Tax

2) Code Citation: 86 Ill. Adm. Code 100

3) Section Numbers: Adopted Actions: 100.3220 Amendment 100.3370 Amendment 100.7030 Amendment 100.7036 New Section

4) Statutory Authority: 35 ILCS 5/303, 5/304, and 5/710

5) Effective Date of Rules: January 29, 2021

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 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 Illinois Register: 44 Ill. Reg. 11132; July 6, 2020

10) Has JCAR issued a Statement of Objection to this Rulemaking? No

11) Differences between Proposal and Final Version: The only changes made were the ones agreed upon with JCAR. Only grammatical and technical changes were made.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? Yes

13) Will this rulemaking replace an emergency rule currently in effect? No

14) Are there any rulemakings pending on this Part? Yes

Section Number: Proposed Action: Illinois Register Citation: 100.2164 New Section 44 IL. Reg. 18641; November 30, 2020

ILLINOIS REGISTER 2007 21 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENTS

15) Summary and Purpose of Rulemaking: This rulemaking implements the amendments PA 101-31 made to Sections 303, 304 and 710 of the Illinois Income Tax Act, 35 ILCS 5/303, 5/304 and 5/710. Section 303, 35 ILCS 5/303, is amended as follows. For tax years ending on or after December 31, 2019, all horse racing and casino winnings under the Illinois Horse Racing Act of 1975 and the Illinois Gambling Act (formerly the Illinois Riverboat Gambling Act) are allocable to Illinois. Section 304, 35 ILCS 5/304, is amended as follows. For tax years ending on or after December 31, 2019, all gross receipts from winnings from pari-mutuel wagering conducted at a wagering facility licensed under the Illinois Horse Racing Act of 1975 [230 ILCS 5] or from winnings from gambling games conducted on a riverboat or in a casino or organization gaming facility licensed under the Illinois Gambling Act [230 ILCS 10] are in this State. Section 710, 35 ILCS 5/710, is amended to require withholding for residents and nonresidents for payments for winnings at a pari-mutuel wagering facility or from gambling games conducted on a riverboat or in a casino or organization gaming facility provided that the person making the payment is required to withhold under Section 3402(q) of the Internal Revenue Code.

16) Information and questions regarding these adopted rules shall be directed to:

Michael D Mankowski Associate Counsel Legal Services Office Illinois Department of Revenue 101 West Jefferson Springfield IL 62794

217/782-2844

The full text of the Adopted Amendments begins on the next page:

ILLINOIS REGISTER 2008 21 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENTS

TITLE 86: REVENUE CHAPTER I: DEPARTMENT OF REVENUE

PART 100 INCOME TAX

SUBPART A: TAX IMPOSED

Section 100.2000 Introduction 100.2050 Net Income (IITA Section 202) 100.2055 Standard Exemption (IITA Section 204) 100.2060 Compassionate Use of Medical Cannabis Pilot Program Act Surcharge (IITA Section 201(o))

SUBPART B: CREDITS

Section 100.2100 Replacement Tax Investment Credit Prior to January 1, 1994 (IITA Section 201(e)) 100.2101 Replacement Tax Investment Credit (IITA 201(e)) 100.2110 Investment Credit; Enterprise Zone and River Edge Redevelopment Zone (IITA Section 201(f)) 100.2120 Jobs Tax Credit; Enterprise Zone and Foreign Trade Zone or Sub-Zone and River Edge Redevelopment Zone (IITA Section 201(g)) 100.2130 Investment Credit; High Impact Business (IITA 201(h)) 100.2140 Credit Against Income Tax for Replacement Tax (IITA 201(i)) 100.2150 Training Expense Credit (IITA 201(j)) 100.2160 Research and Development Credit (IITA Section 201(k)) 100.2163 Environmental Remediation Credit (IITA 201(l)) 100.2165 Education Expense Credit (IITA 201(m)) 100.2170 Tax Credits for Coal Research and Coal Utilization Equipment (IITA 206) 100.2171 Angel Investment Credit (IITA 220) 100.2175 Invest in Kids Credit (IITA 224) 100.2180 Credit for Residential Real Property Taxes (IITA 208) 100.2181 Credit for Instructional Materials and Supplies (IITA Section 225) 100.2185 Film Production Services Credit (IITA Section 213) 100.2190 Tax Credit for Affordable Housing Donations (IITA Section 214) 100.2193 Student-Assistance Contributions Credit (IITA 218)

ILLINOIS REGISTER 2009 21 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENTS

100.2195 Dependent Care Assistance Program Tax Credit (IITA 210) 100.2196 Employee Child Care Assistance Program Tax Credit (IITA Section 210.5) 100.2197 Foreign Tax Credit (IITA Section 601(b)(3)) 100.2198 Economic Development for a Growing Economy Credit (IITA 211) 100.2199 Illinois Earned Income Tax Credit (IITA Section 212)

SUBPART C: NET OPERATING LOSSES OF UNITARY BUSINESS GROUPS OCCURRING PRIOR TO DECEMBER 31, 1986

Section 100.2200 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business Groups: Treatment by Members of the Unitary Business Group. (IITA Section 202) − Scope 100.2210 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business Groups: Treatment by Members of the Unitary Business Group (IITA Section 202) − Definitions 100.2220 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business Groups: Treatment by Members of the Unitary Business Group. (IITA Section 202) − Current Net Operating Losses: Offsets Between Members 100.2230 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business Groups: Treatment by Members of the Unitary Business Group. (IITA Section 202) − Carrybacks and Carryforwards 100.2240 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business Groups: Treatment by Members of the Unitary Business Group: (IITA Section 202) − Effect of Combined Net Operating Loss in Computing Illinois Base Income 100.2250 Net Operating Losses Occurring Prior to December 31, 1986, of Unitary Business Groups: Treatment by Members of the Unitary Business Group: (IITA Section 202) − Deadline for Filing Claims Based on Net Operating Losses Carried Back From a Combined Apportionment Year

SUBPART D: ILLINOIS NET LOSS DEDUCTIONS FOR LOSSES OCCURRING ON OR AFTER DECEMBER 31, 1986

Section 100.2300 Illinois Net Loss Deduction for Losses Occurring On or After December 31, 1986 (IITA 207) 100.2310 Computation of the Illinois Net Loss Deduction for Losses Occurring On or After December 31, 1986 (IITA 207)

ILLINOIS REGISTER 2010 21 DEPARTMENT OF REVENUE

NOTICE OF ADOPTED AMENDMENTS

100.2320 Determination of the Amount of Illinois Net Loss for Losses Occurring On or After December 31, 1986 100.2330 Illinois Net Loss Carrybacks and Net Loss Carryovers for Losses Occurring On or After December 31, 1986 (IITA Section 207) 100.2340 Illinois Net Losses and Illinois Net Loss Deductions for Losses Occurring On or After December 31, 1986, of Corporations that are Members of a Unitary Business Group: Separate Unitary Versus Combined Unitary Returns 100.2350 Illinois Net Losses and Illinois Net Loss Deductions, for Losses Occurring On or After December 31, 1986, of Corporations that are Members of a Unitary Business Group: Changes in Membership 100.2360 Illinois Net Losses and Illinois Net Loss Deductions for Losses of Cooperatives Occurring On or After December 31, 1986 (IITA Section 203(e)(2)(F))

SUBPART E: ADDITIONS TO AND SUBTRACTIONS FROM TAXABLE INCOME OF INDIVIDUALS, CORPORATIONS, TRUSTS AND ESTATES AND PARTNERSHIPS

Section 100.2405 Gross Income, Adjusted Gross Income, Taxable Income and Base Income Defined; Double Deductions Prohibited; Legislative Intention (IITA Section 203(e), (g) and (h)) 100.2410 Net Operating Loss Carryovers for Individuals, and Capital Loss and Other Carryovers for All Taxpayers (IITA Section 203) 100.2430 Addition and Subtraction Modifications for Transactions with 80/20 and Noncombination Rule Companies 100.2435 Addition Modification for Student-Assistance Contribution Credit (IITA Sections 203(a)(2)(D-23), (b)(2)(E-16), (c)(2)(G-15), (d)(2)(D-10)) 100.2450 IIT Refunds (IITA Section 203(a)(2)(H), (b)(2)(F), (c)(2)(J) and (d)(2)(F)) 100.2455 Subtraction Modification: Federally Disallowed Deductions (IITA Sections 203(a)(2)(M), 203(b)(2)(I), 203(c)(2)(L) and 203(d)(2)(J)) 100.2465 Claim of Right Repayments (IITA Section 203(a)(2)(P), (b)(2)(Q), (c)(2)(P) and (d)(2)(M)) 100.2470 Subtraction of Amounts Exempt from Taxation by Virtue of Illinois Law, the Illinois or U.S. Constitutions, or by Reason of U.S. Treaties or Statutes (IITA Sections 203(a)(2)(N), 203(b)(2)(J), 203(c)(2)(K) and 203(d)(2)(G)) 100.2480 Enterprise Zone and River Edge Redevelopment Zone Dividend Subtraction (IITA Sections 203(a)(2)(J), 203(b)(2)(K), 203(c)(2)(M) and 203(d)(2)(K)) 100.2490 Foreign Trade Zone/High Impact Business Dividend Subtraction (IITA Sections 203(a)(2)(K), 203(b)(2)(L), 203(c)(2)(O), 203(d)(2)(M))

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SUBPART F: BASE INCOME OF INDIVIDUALS

Section 100.2510 Subtraction for Contributions to Illinois Qualified Tuition Programs (Section 529 Plans) (IITA Section 203(a)(2)(Y) 100.2565 Subtraction for Recovery of Itemized Deductions (IITA Section 203(a)(2)(I)) 100.2580 Medical Care Savings Accounts (IITA Sections 203(a)(2)(D-5), 203(a)(2)(S) and 203(a)(2)(T)) 100.2590 Taxation of Certain Employees of Railroads, Motor Carriers, Air Carriers and Water Carriers

SUBPART G: BASE INCOME OF CORPORATIONS

Section 100.2655 Subtraction Modification for Enterprise Zone and River Edge Redevelopment Zone Interest (IITA Section 203(b)(2)(M)) 100.2657 Subtraction Modification for High Impact Business Interest (IITA Section 203(b)(2)(M-1)) 100.2665 Subtraction for Payments to an Attorney-in-Fact (IITA Section 203(b)(2)(R)) 100.2668 Subtraction for Dividends from Controlled Foreign Corporations (IITA Section 203(b)(2)(Z))

SUBPART H: BASE INCOME OF TRUSTS AND ESTATES

Section 100.2770 Subtraction for Recovery of Itemized Deductions of a Decedent (IITA Section 203(c)(2)(W)) 100.2775 Subtraction for Refunds of Taxes Paid to Other States for Which a Credit Was Claimed (IITA Section 203(c)(2)(X))

SUBPART I: BASE INCOME OF PARTNERSHIPS Section 100.2850 Subtraction Modification for Personal Service Income or Reasonable Allowance for Compensation to Partners (IITA Section 203(d)(2)(H))

SUBPART J: GENERAL RULES OF ALLOCATION AND APPORTIONMENT OF BASE INCOME

Section

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100.3000 Terms Used in Article 3 (IITA Section 301) 100.3010 Business and Nonbusiness Income (IITA Section 301) 100.3015 Business Income Election (IITA Section 1501) 100.3020 Resident (IITA Section 301)

SUBPART K: COMPENSATION

Section 100.3100 Compensation (IITA Section 302) 100.3110 State (IITA Section 302) 100.3120 Allocation of Compensation Paid to Nonresidents (IITA Section 302)

SUBPART L: NON-BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS

Section 100.3200 Taxability in Other State (IITA Section 303) 100.3210 Commercial Domicile (IITA Section 303) 100.3220 Allocation of Certain Items of Nonbusiness Income by Persons Other Than Residents (IITA Section 303)

SUBPART M: BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS

Section 100.3300 Allocation and Apportionment of Base Income (IITA Section 304) 100.3310 Business Income of Persons Other Than Residents (IITA Section 304) − In General 100.3320 Business Income of Persons Other Than Residents (IITA Section 304) − Apportionment (Repealed) 100.3330 Business Income of Persons Other Than Residents (IITA Section 304) − Allocation 100.3340 Business Income of Persons Other Than Residents (IITA Section 304) 100.3350 Property Factor (IITA Section 304) 100.3360 Payroll Factor (IITA Section 304) 100.3370 Sales Factor (IITA Section 304) 100.3371 Sales Factor for Telecommunications Services 100.3373 Sales Factor for Publishing 100.3380 Special Rules (IITA Section 304) 100.3390 Petitions for Alternative Allocation or Apportionment (IITA Section 304(f)) 100.3400 Apportionment of Business Income of Financial Organizations for Taxable Years

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Ending Prior to December 31, 2008 (IITA Section 304(c)) 100.3405 Apportionment of Business Income of Financial Organizations for Taxable Years Ending on or after December 31, 2008 (IITA Section 304(c)) 100.3420 Apportionment of Business Income of Insurance Companies (IITA Section 304(b)) 100.3450 Apportionment of Business Income of Transportation Companies (IITA Section 304(d)) 100.3500 Allocation and Apportionment of Base Income by Nonresident Partners 100.3600 Combined Apportionment for Taxpayers Using Different Apportionment Formulas (IITA Section 1501(a)(27))

SUBPART N: ACCOUNTING

Section 100.4100 Taxable Years (IITA Section 401) 100.4500 Carryovers of Tax Attributes (IITA Section 405)

SUBPART O: TIME AND PLACE FOR FILING RETURNS

Section 100.5000 Time for Filing Returns (IITA Section 505) 100.5010 Place for Filing Returns: All Taxpayers (IITA Section 505) 100.5020 Extensions of Time for Filing Returns: All Taxpayers (IITA Section 505) 100.5030 Taxpayer's Notification to the Department of Certain Federal Changes Arising in Federal Consolidated Return Years, and Arising in Certain Loss Carryback Years (IITA Section 506) 100.5040 Innocent Spouses 100.5050 Frivolous Returns 100.5060 Reportable Transactions (IITA Section 501(b)) 100.5070 List of Investors in Potentially Abusive Tax Shelters and Reportable Transactions 100.5080 Registration of Tax Shelters (IITA Section 1405.5)

SUBPART P: COMPOSITE RETURNS

Section 100.5100 Composite Returns: Eligibility (IITA Section 502(f)) 100.5110 Composite Returns: Responsibilities of Authorized Agent 100.5120 Composite Returns: Individual Liability 100.5130 Composite Returns: Required forms and computation of Income (IITA Section

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502(f)) 100.5140 Composite Returns: Estimated Payments 100.5150 Composite Returns: Tax, Penalties and Interest 100.5160 Composite Returns: Credits on Separate Returns 100.5170 Composite Returns: Definition of a "Lloyd's Plan of Operation" 100.5180 Composite Returns: Overpayments and Underpayments

SUBPART Q: COMBINED RETURNS

Section 100.5200 Filing of Combined Returns 100.5201 Definitions and Miscellaneous Provisions Relating to Combined Returns 100.5205 Election to File a Combined Return 100.5210 Procedures for Elective and Mandatory Filing of Combined Returns 100.5215 Filing of Separate Unitary Returns (IITA Section 304(e)) 100.5220 Designated Agent for the Members (IITA Section 304(e)) 100.5230 Combined Estimated Tax Payments 100.5240 Claims for Credit of Overpayments 100.5250 Liability for Combined Tax, Penalty and Interest 100.5260 Combined Amended Returns 100.5265 Common Taxable Year 100.5270 Computation of Combined Net Income and Tax (IITA Section 304(e)) 100.5280 Combined Return Issues Related to Audits

SUBPART R: PAYMENTS

Section 100.6000 Payment on Due Date of Return (IITA Section 601)

SUBPART S: REQUIREMENT AND AMOUNT OF WITHHOLDING

Section 100.7000 Requirement of Withholding (IITA Section 701) 100.7010 Compensation Paid in this State (IITA Section 701) 100.7020 Transacting Business Within this State (IITA Section 701) 100.7030 Payments to Residents (IITA Section 701) 100.7035 Nonresident Partners, Subchapter S Corporation Shareholders, and Trust Beneficiaries (IITA Section 709.5) 100.7036 Withholding of Lottery and Gambling Winnings (IITA Section 710)

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100.7040 Employer Registration (IITA Section 701) 100.7050 Computation of Amount Withheld (IITA Section 702) 100.7060 Additional Withholding (IITA Section 701) 100.7070 Voluntary Withholding (IITA Section 701) 100.7080 Correction of Underwithholding or Overwithholding (IITA Section 701) 100.7090 Reciprocal Agreement (IITA Section 701) 100.7095 Cross References

SUBPART T: AMOUNT EXEMPT FROM WITHHOLDING

Section 100.7100 Withholding Exemption (IITA Section 702) 100.7110 Withholding Exemption Certificate (IITA Section 702) 100.7120 Exempt Withholding Under Reciprocal Agreements (IITA Section 702)

SUBPART U: INFORMATION STATEMENT

Section 100.7200 Reports for Employee (IITA Section 703)

SUBPART V: EMPLOYER'S RETURN AND PAYMENT OF TAX WITHHELD

Section 100.7300 Returns and Payments of Income Tax Withheld from Wages (IITA Sections 704 and 704A) 100.7310 Returns Filed and Payments Made on Annual Basis (IITA Sections 704 and 704A) 100.7320 Time for Filing Returns and Making Payments for Taxes Required to Be Withheld Prior to January 1, 2008 (IITA Section 704) 100.7325 Time for Filing Returns and Making Payments for Taxes Required to Be Withheld On or After January 1, 2008 (IITA Section 704A) 100.7330 Payment of Tax Required to be Shown Due on a Return (IITA Sections 704 and 704A) 100.7340 Correction of Underwithholding or Overwithholding (IITA Section 704) 100.7350 Domestic Service Employment (IITA Sections 704 and 704A) 100.7360 Definitions and Special Provisions Relating to Reporting and Payment of Income Tax Withheld (IITA Sections 704 and 704A) 100.7370 Penalty and Interest Provisions Relating to Reporting and Payment of Income Tax Withheld (IITA Sections 704 and 704A)

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100.7380 Economic Development for a Growing Economy (EDGE) and Small Business Job Creation Credit (IITA Section 704A(g) and (h)) 100.7390 Minimum Wage Tax Credit (IITA Section 704A(i))

SUBPART W: ESTIMATED TAX PAYMENTS

Section 100.8000 Payment of Estimated Tax (IITA Section 803) 100.8010 Failure to Pay Estimated Tax (IITA Sections 804 and 806)

SUBPART X: COLLECTION AUTHORITY Section 100.9000 General Income Tax Procedures (IITA Section 901) 100.9010 Collection Authority (IITA Section 901) 100.9020 Child Support Collection (IITA Section 901)

SUBPART Y: NOTICE AND DEMAND

Section 100.9100 Notice and Demand (IITA Section 902)

SUBPART Z: ASSESSMENT

Section 100.9200 Assessment (IITA Section 903) 100.9210 Waiver of Restrictions on Assessment (IITA Section 907)

SUBPART AA: DEFICIENCIES AND OVERPAYMENTS

Section 100.9300 Deficiencies and Overpayments (IITA Section 904) 100.9310 Application of Tax Payments Within Unitary Business Groups (IITA Section 603) 100.9320 Limitations on Notices of Deficiency (IITA Section 905) 100.9330 Further Notices of Deficiency Restricted (IITA Section 906)

SUBPART BB: CREDITS AND REFUNDS

Section 100.9400 Credits and Refunds (IITA Section 909)

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100.9410 Limitations on Claims for Refund (IITA Section 911) 100.9420 Recovery of Erroneous Refund (IITA Section 912)

SUBPART CC: INVESTIGATIONS AND HEARINGS

Section 100.9500 Access to Books and Records (IITA Section 913) 100.9505 Access to Books and Records − 60-Day Letters (IITA Section 913) (Repealed) 100.9510 Taxpayer Representation and Practice Requirements 100.9520 Conduct of Investigations and Hearings (IITA Section 914) 100.9530 Books and Records

SUBPART DD: JUDICIAL REVIEW

Section 100.9600 Administrative Review Law (IITA Section 1201)

SUBPART EE: DEFINITIONS

Section 100.9700 Unitary Business Group Defined (IITA Section 1501) 100.9710 Financial Organizations (IITA Section 1501) 100.9715 Transportation Companies (IITA Section 304(d)) 100.9720 Nexus 100.9730 Investment Partnerships (IITA Section 1501(a)(11.5)) 100.9750 Corporation, Subchapter S Corporation, Partnership and Trust Defined (IITA Section 1501)

SUBPART FF: LETTER RULING PROCEDURES

Section 100.9800 Letter Ruling Procedures

SUBPART GG: MISCELLANEOUS

Section 100.9900 Tax Shelter Voluntary Compliance Program 100.9910 State Tax Preparer Oversight Act [35 ILCS 35]

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100.APPENDIX A Business Income Of Persons Other Than Residents (Repealed) 100.TABLE A Example of Unitary Business Apportionment (Repealed) 100.TABLE B Example of Unitary Business Apportionment for Groups Which Include Members Using Three-Factor and Single-Factor Formulas (Repealed)

AUTHORITY: Implementing the Illinois Income Tax Act [35 ILCS 5] and authorized by Section 1401 of the Illinois Income Tax Act [35 ILCS 5].

SOURCE: Filed July 14, 1971, effective July 24, 1971; amended at 2 Ill. Reg. 49, p. 84, effective November 29, 1978; amended at 5 Ill. Reg. 813, effective January 7, 1981; amended at 5 Ill. Reg. 4617, effective April 14, 1981; amended at 5 Ill. Reg. 4624, effective April 14, 1981; amended at 5 Ill. Reg. 5537, effective May 7, 1981; amended at 5 Ill. Reg. 5705, effective May 20, 1981; amended at 5 Ill. Reg. 5883, effective May 20, 1981; amended at 5 Ill. Reg. 6843, effective June 16, 1981; amended at 5 Ill. Reg. 13244, effective November 13, 1981; amended at 5 Ill. Reg. 13724, effective November 30, 1981; amended at 6 Ill. Reg. 579, effective December 29, 1981; amended at 6 Ill. Reg. 9701, effective July 26, 1982; amended at 7 Ill. Reg. 399, effective December 28, 1982; amended at 8 Ill. Reg. 6184, effective April 24, 1984; codified at 8 Ill. Reg. 19574; amended at 9 Ill. Reg. 16986, effective October 21, 1985; amended at 9 Ill. Reg. 685, effective December 31, 1985; amended at 10 Ill. Reg. 7913, effective April 28, 1986; amended at 10 Ill. Reg. 19512, effective November 3, 1986; amended at 10 Ill. Reg. 21941, effective December 15, 1986; amended at 11 Ill. Reg. 831, effective December 24, 1986; amended at 11 Ill. Reg. 2450, effective January 20, 1987; amended at 11 Ill. Reg. 12410, effective July 8, 1987; amended at 11 Ill. Reg. 17782, effective October 16, 1987; amended at 12 Ill. Reg. 4865, effective February 25, 1988; amended at 12 Ill. Reg. 6748, effective March 25, 1988; amended at 12 Ill. Reg. 11766, effective July 1, 1988; amended at 12 Ill. Reg. 14307, effective August 29, 1988; amended at 13 Ill. Reg. 8917, effective May 30, 1989; amended at 13 Ill. Reg. 10952, effective June 26, 1989; amended at 14 Ill. Reg. 4558, effective March 8, 1990; amended at 14 Ill. Reg. 6810, effective April 19, 1990; amended at 14 Ill. Reg. 10082, effective June 7, 1990; amended at 14 Ill. Reg. 16012, effective September 17, 1990; emergency amendment at 17 Ill. Reg. 473, effective December 22, 1992, for a maximum of 150 days; amended at 17 Ill. Reg. 8869, effective June 2, 1993; amended at 17 Ill. Reg. 13776, effective August 9, 1993; recodified at 17 Ill. Reg. 14189; amended at 17 Ill. Reg. 19632, effective November 1, 1993; amended at 17 Ill. Reg. 19966, effective November 9, 1993; amended at 18 Ill. Reg. 1510, effective January 13, 1994; amended at 18 Ill. Reg. 2494, effective January 28, 1994; amended at 18 Ill. Reg. 7768, effective May 4, 1994; amended at 19 Ill. Reg. 1839, effective February 6, 1995; amended at 19 Ill. Reg. 5824, effective March 31, 1995; emergency amendment at 20 Ill. Reg. 1616, effective January 9, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 6981, effective May 7, 1996; amended at 20 Ill. Reg. 10706, effective July 29,

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1996; amended at 20 Ill. Reg. 13365, effective September 27, 1996; amended at 20 Ill. Reg. 14617, effective October 29, 1996; amended at 21 Ill. Reg. 958, effective January 6, 1997; emergency amendment at 21 Ill. Reg. 2969, effective February 24, 1997, for a maximum of 150 days; emergency expired July 24, 1997; amended at 22 Ill. Reg. 2234, effective January 9, 1998; amended at 22 Ill. Reg. 19033, effective October 1, 1998; amended at 22 Ill. Reg. 21623, effective December 15, 1998; amended at 23 Ill. Reg. 3808, effective March 11, 1999; amended at 24 Ill. Reg. 10593, effective July 7, 2000; amended at 24 Ill. Reg. 12068, effective July 26, 2000; emergency amendment at 24 Ill. Reg. 17585, effective November 17, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 18731, effective December 11, 2000; amended at 25 Ill. Reg. 4640, effective March 15, 2001; amended at 25 Ill. Reg. 4929, effective March 23, 2001; amended at 25 Ill. Reg. 5374, effective April 2, 2001; amended at 25 Ill. Reg. 6687, effective May 9, 2001; amended at 25 Ill. Reg. 7250, effective May 25, 2001; amended at 25 Ill. Reg. 8333, effective June 22, 2001; amended at 26 Ill. Reg. 192, effective December 20, 2001; amended at 26 Ill. Reg. 1274, effective January 15, 2002; amended at 26 Ill. Reg. 9854, effective June 20, 2002; amended at 26 Ill. Reg. 13237, effective August 23, 2002; amended at 26 Ill. Reg. 15304, effective October 9, 2002; amended at 26 Ill. Reg. 17250, effective November 18, 2002; amended at 27 Ill. Reg. 13536, effective July 28, 2003; amended at 27 Ill. Reg. 18225, effective November 17, 2003; emergency amendment at 27 Ill. Reg. 18464, effective November 20, 2003, for a maximum of 150 days; emergency expired April 17, 2004; amended at 28 Ill. Reg. 1378, effective January 12, 2004; amended at 28 Ill. Reg. 5694, effective March 17, 2004; amended at 28 Ill. Reg. 7125, effective April 29, 2004; amended at 28 Ill. Reg. 8881, effective June 11, 2004; emergency amendment at 28 Ill. Reg. 14271, effective October 18, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 14868, effective October 26, 2004; emergency amendment at 28 Ill. Reg. 15858, effective November 29, 2004, for a maximum of 150 days; amended at 29 Ill. Reg. 2420, effective January 28, 2005; amended at 29 Ill. Reg. 6986, effective April 26, 2005; amended at 29 Ill. Reg. 13211, effective August 15, 2005; amended at 29 Ill. Reg. 20516, effective December 2, 2005; amended at 30 Ill. Reg. 6389, effective March 30, 2006; amended at 30 Ill. Reg. 10473, effective May 23, 2006; amended by 30 Ill. Reg. 13890, effective August 1, 2006; amended at 30 Ill. Reg. 18739, effective November 20, 2006; amended at 31 Ill. Reg. 16240, effective November 26, 2007; amended at 32 Ill. Reg. 872, effective January 7, 2008; amended at 32 Ill. Reg. 1407, effective January 17, 2008; amended at 32 Ill. Reg. 3400, effective February 25, 2008; amended at 32 Ill. Reg. 6055, effective March 25, 2008; amended at 32 Ill. Reg. 10170, effective June 30, 2008; amended at 32 Ill. Reg. 13223, effective July 24, 2008; amended at 32 Ill. Reg. 17492, effective October 24, 2008; amended at 33 Ill. Reg. 1195, effective December 31, 2008; amended at 33 Ill. Reg. 2306, effective January 23, 2009; amended at 33 Ill. Reg. 14168, effective September 28, 2009; amended at 33 Ill. Reg. 15044, effective October 26, 2009; amended at 34 Ill. Reg. 550, effective December 22, 2009; amended at 34 Ill. Reg. 3886, effective March 12, 2010; amended at 34 Ill. Reg. 12891, effective August 19, 2010; amended at 35 Ill. Reg. 4223, effective February 25, 2011; amended at 35 Ill. Reg. 15092,

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NOTICE OF ADOPTED AMENDMENTS effective August 24, 2011; amended at 36 Ill. Reg. 2363, effective January 25, 2012; amended at 36 Ill. Reg. 9247, effective June 5, 2012; amended at 37 Ill. Reg. 5823, effective April 19, 2013; amended at 37 Ill. Reg. 20751, effective December 13, 2013; recodified at 38 Ill. Reg. 4527; amended at 38 Ill. Reg. 9550, effective April 21, 2014; amended at 38 Ill. Reg. 13941, effective June 19, 2014; amended at 38 Ill. Reg. 15994, effective July 9, 2014; amended at 38 Ill. Reg. 17043, effective July 23, 2014; amended at 38 Ill. Reg. 18568, effective August 20, 2014; amended at 38 Ill. Reg. 23158, effective November 21, 2014; emergency amendment at 39 Ill. Reg. 483, effective December 23, 2014, for a maximum of 150 days; amended at 39 Ill. Reg. 1768, effective January 7, 2015; amended at 39 Ill. Reg. 5057, effective March 17, 2015; amended at 39 Ill. Reg. 6884, effective April 29, 2015; amended at 39 Ill. Reg. 15594, effective November 18, 2015; amended at 40 Ill. Reg. 1848, effective January 5, 2016; amended at 40 Ill. Reg. 10925, effective July 29, 2016; amended at 40 Ill. Reg. 13432, effective September 7, 2016; amended at 40 Ill. Reg. 14762, effective October 12, 2016; amended at 40 Ill. Reg. 15575, effective November 2, 2016; amended at 41 Ill. Reg. 4193, effective March 27, 2017; amended at 41 Ill. Reg. 6379, effective May 22, 2017; amended at 41 Ill. Reg. 10662, effective August 3, 2017; amended at 41 Ill. Reg. 12608, effective September 21, 2017; amended at 41 Ill. Reg. 14217, effective November 7, 2017; emergency amendment at 41 Ill. Reg. 15097, effective November 30, 2017, for a maximum of 150 days; amended at 42 Ill. Reg. 4953, effective February 28, 2018; amended at 42 Ill. Reg. 6451, effective March 21, 2018; recodified Subpart H to Subpart G at 42 Ill. Reg. 7980; amended at 42 Ill. Reg. 17852, effective September 24, 2018; amended at 42 Ill. Reg. 19190, effective October 12, 2018; amended at 43 Ill. Reg. 727, effective December 18, 2018; amended at 43 Ill. Reg. 10124, effective August 27, 2019; amended at 44 Ill. Reg. 2363, effective January 17, 2020; amended at 44 Ill. Reg. 2845, effective January 30, 2020; emergency amendment at 44 Ill. Reg. 4700, effective March 4, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 10907, effective June 10, 2020; emergency amendment at 44 Ill. Reg. 11208, effective June 17, 2020, for a maximum of 150 days; emergency expired November 13, 2020; amended at 44 Ill. Reg. 17414, effective October 13, 2020; amended at 45 Ill. Reg. 2006, effective January 29, 2021.

SUBPART L: NON-BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS

Section 100.3220 Allocation of Certain Items of Nonbusiness Income by Persons Other Than Residents (IITA Section 303)

a) In General. IITA Section 303 provides rules for the allocation by any person other than a resident of Illinois of any item of capital gain or loss, and any item of income from rents or royalties from real or tangible personal property, interest, dividends, and patent or copyright royalties, together with any item of deduction directly allocable thereto, to the extent the item constitutes nonbusiness income.

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For the tests as to whether any item constitutes business or nonbusiness income, see Section 100.3010. b) Capital Gains and Losses

1) Real Property. Capital gains and losses from sales or exchanges of real property are allocated to Illinois if the property is located in Illinois. (IITA Section 303(b)(1)) Economic interests in minerals in place, such as oil or gas, are real property under IITA Section 303. Examples of these interests are royalties, overriding royalties, participating interests, production payments and working interests.

2) Tangible Personal Property. Capital gains and losses from sales or exchanges of tangible personal property are allocated to Illinois, if at the time of the sale or exchange:

A) the property has its situs in Illinois; or

B) the taxpayer has its commercial domicile in Illinois and is not taxable in the state in which the property has its situs. (IITA Section 303(b)(2)) For the tests of taxability in another state and commercial domicile, see Sections 100.3200 and 100.3210.

3) Intangible Personal Property. Capital gains and losses from sales or exchanges of intangible personal property are allocated to Illinois if the taxpayer has its commercial domicile in Illinois at the time of the sale or exchange. (IITA Section 303(b)(3)) For the tests of commercial domicile, see Section 100.3210. c) Rents and Royalties

1) Real Property. Rents and royalties from real property are allocated to Illinois if the property is located in Illinois. (IITA Section 303(c)(1)) Economic interests in minerals in place, such as oil or gas, are real property under IITA Section 303. Examples of these interests are royalties, overriding royalties, participating interests, production payments and working interests.

2) Tangible Personal Property. Rents and royalties from tangible personal

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property are allocated to Illinois:

A) if and to the extent that the property is utilized in Illinois; or

B) in their entirety if, at the time rents or royalties are paid or accrued, the taxpayer has its commercial domicile in Illinois and was not organized under the laws of, or is not taxable with respect to the rents or royalties in, the state in which the property is utilized. (IITA Section 303(c)(2)) For the tests of taxability in another state and commercial domicile, see Sections 100.3200 and 100.3210. The extent of utilization of tangible personal property in a state is determined by multiplying the rents or royalties derived from the property by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the state in which the property is located at the time the rental or royalty payor obtains possession.

3) Examples. Section 100.3220(c) may be illustrated by the following examples:

A) EXAMPLE A. A is a resident of Missouri. A purchases an interest in oil royalty under an oil and gas lease in Illinois. During 1970, A receives $2,000 in royalty payments. Under Section 100.3010(c)(3)(B), the royalty income is presumed to be nonbusiness income. As such it is allocated to Illinois, being derived from real property located in Illinois.

B) EXAMPLE B. B is a resident of Iowa, with a summer home in Illinois. B owns a sailboat that he keeps in Iowa during the winter months and tows to Illinois by trailer for use in the summer. During 1970, B is unable to visit his summer home, and rents his sailboat for the months of July through September to C, the owner of the adjoining property in Illinois. Under Section

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100.3010(c)(3)(B), the rent is presumed to be nonbusiness income. C takes the boat from Iowa to Illinois and returns it to B in Iowa on October 1, 1970. Although the boat is physically located in Iowa during the months of January through June and October through December, the rental period is only the months of July through September. During the rental period, the boat is located in Illinois. Hence, it is utilized in Illinois and, accordingly, the rental income is allocated to Illinois.

C) EXAMPLE C. The facts are the same as in Example B, except that B rents the boat through a want ad and does not know C, nor where he uses the boat during the months of July through September. In this case, since C takes possession of the boat in Iowa, it is utilized in Iowa and, accordingly, the rental income is not allocated to Illinois. d) Patent and Copyright Royalties

1) Allocation. Patent and copyright royalties are allocated to Illinois:

A) if and to the extent that the patent or copyright is utilized by the payor of the royalties in Illinois; or

B) if and to the extent that the patent or copyright is utilized by the payor of the royalties in a state in which the taxpayer is not taxable with respect to the royalties and, at the time the royalties are paid or accrued, the taxpayer has its commercial domicile in Illinois. (IITA Section 303(d)(1)) For the tests of taxability in another state and commercial domicile, see Sections 100.3200 and 100.3210.

2) Utilization

A) Patents. A patent is utilized in a state to the extent that it is employed in production, fabrication, manufacturing or other processing in the state or to the extent that a patented product is produced in the state. If the basis of receipts from patent royalties does not permit allocation to states or if the accounting procedures of the royalty payor do not reflect states of utilization, the patent is

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utilized in Illinois if the taxpayer has its commercial domicile in Illinois. (IITA Section 303(d)(2)(A))

B) Copyrights. A copyright is utilized in a state to the extent that printing or other publication originates in that state. If the basis of receipts from copyright royalties does not permit allocation to states or if the accounting procedures of the royalty payor do not reflect states of utilization, the copyright is utilized in Illinois if the taxpayer has its commercial domicile in Illinois. (IITA Section 303(d)(2)(B))

3) Example. A, a resident of New York, is not in the business of being an inventor, but owns a patent on a single invention, which he licenses to a manufacturer of automatic garage door openers. Royalties are a percentage of the manufacturer's sales. The manufacturer has plants situated in Missouri, Illinois and Indiana. Under Section 100.3050(c)(2)(B), the royalty income is presumed to be nonbusiness income. If A's royalties can be allocated to Missouri, Illinois and Indiana on the basis of sales from the manufacturer's plants in each of those states, those royalties attributable to sales from the Illinois plant are allocated to Illinois. If, however, the manufacturer's accounting procedures do not reflect sales from the specific plants, but royalties are paid on the basis of total sales not broken down by plant, then, since A is not a resident of Illinois, the patent is not utilized in Illinois and none of the royalties are allocated to Illinois. e) Taxability in another state. For the test of taxability in another state, see Section 100.3200. f) Interest and dividends. For allocation of interest and dividends, see Section 100.3300(b)(2). g) Illinois Lottery Prizes. Prizes awarded under the Illinois Lottery Law [20 ILCS 1605] are allocable to this State. Payments received in taxable years ending on or after December 31, 2013, from the assignment of a prize under Section 13.1 of the Illinois Lottery Law, are allocable to this State. (IITA Section 303(e)) h) Wagering and Gambling Winnings. Payments, received in taxable years ending on or after December 31, 2019, of winnings from pari-mutuel wagering conducted at a wagering facility licensed under the Illinois Horse Racing Act of

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1975 [230 ILCS 5] and from gambling games conducted on a riverboat or in a casino or organization gaming facility licensed under the Illinois Gambling Act [230 ILCS 10] are allocable to this State. (IITA Section 303(e-1))

i) Unemployment Compensation. Unemployment compensation paid by this State is allocated to this State. (See IITA Section 303(e-5).)

(Source: Amended at 45 Ill. Reg. 2006, effective January 29, 2021)

SUBPART M: BUSINESS INCOME OF PERSONS OTHER THAN RESIDENTS

Section 100.3370 Sales Factor (IITA Section 304)

a) In General

1) IITA Section 1501(a)(21) defines the term "sales" to mean all gross receipts of the person not allocated under IITA Sections 301, 302 and 303. Thus, for the purposes of the sales factor of the apportionment formula for each trade or business of the person, the term "sales" means all gross receipts derived by the person from transactions and activity in the regular course of his or her trade or business. The following are rules for determining "sales" in various situations, except in instances in which an alternative method of determining the sales factor is prescribed in Section 100.3380. If the determination prescribed by this Section does not clearly reflect the taxpayer's business activities in Illinois (for taxable years ending before December 31, 2008) or the market for the taxpayer's goods, services or other sources of income in Illinois (for taxable years ending on or after December 31, 2008), the taxpayer may request the use of an alternative method of apportionment under Section 100.3390.

A) In the case of a person engaged in manufacturing and selling or purchasing and reselling goods or products, "sales" includes all gross receipts from the sales of those goods or products (or other property of a kind that would properly be included in the inventory of the person if on hand at the close of the tax period) held by the person primarily for sale to customers in the ordinary course of its trade or business. Gross receipts for this purpose means gross sales less returns and allowances, and includes all interest income, service charges, carrying charges, or time-price differential charges

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attendant to those sales. Federal and State excise taxes (including sales taxes) shall be included as part of the receipts if the taxes are passed on to the buyer or included as part of the selling price of the product.

B) In the case of cost plus fixed fee contracts, such as the operation of a government-owned plant for a fee, "sales" includes the entire reimbursed cost, plus the fee.

C) In the case of a person engaged in providing services, such as the operation of an advertising agency, or the performance of equipment service contracts, or research and development contracts, "sales" includes the gross receipts from the performance of those services, including fees, commissions and similar items.

D) In the case of a person engaged in renting real or tangible property, "sales" includes the gross receipts from the rental, lease or licensing of the use of the property.

E) In the case of a person engaged in the sale, assignment or licensing of intangible personal property such as patents and copyrights, "sales" includes the gross receipts therefrom.

F) If a person derives receipts from the sale of equipment used in its business, those receipts constitute "sales". For example, a truck express company owns a fleet of trucks and sells its trucks under a regular replacement program. The gross receipts from the sales of the trucks shall be included in the sales factor.

2) The following gross receipts are not included in the sales factor:

A) For taxable years ending on or after December 31, 1995, dividends; amounts included under IRC section 78; and Subpart F income are excluded from the sales factor under IITA Section 304(a)(3)(D).

B) Gross receipts that are excluded from or deducted in the computation of federal taxable income or federal adjusted gross income, and that are not added back in the computation of base

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income. For example, in years ending prior to December 31, 1995, dividends received from a domestic corporation are excluded from the sales factor to the extent the taxpayer is allowed a deduction under IRC section 243 with respect to those dividends.

C) Gross receipts that are subtracted from federal taxable income or federal adjusted gross income in the computation of base income or that are eliminated in the computation of taxable income in the case of a unitary business group under Section 100.5270(b)(1). Examples of gross receipts excluded from the sales factor under this provision include:

i) Interest on federal obligations subtracted under IITA Section 203(a)(2)(N), (b)(2)(J), (c)(2)(K) or (d)(2)(G).

ii) For taxable years ending prior to December 31, 1995, dividends included in federal taxable income or federal adjusted gross income are excluded from the sales factor if eliminated in combination or to the extent subtracted under IITA Section 203(a)(2)(J), (a)(2)(K), (b)(2)(K), (b)(2)(L), (b)(2)(O), (c)(2)(M), (c)(2)(O), (d)(2)(K) or (d)(2)(M).

D) Gross receipts that are excluded from or deducted in the computation of federal taxable income or federal adjusted gross income, but are added back in the computation of base income, are included in the sales factor unless subtracted or eliminated in combination. For example:

i) Interest on State obligations excluded from federal taxable income or adjusted gross income under IRC section 103 and added back in the computation of base income under IITA Section 203(a)(2)(A), (b)(2)(A), (c)(2)(A) or (d)(2)(A) shall be included in the sales factor except in the case of interest on certain Illinois obligations that is exempt from Illinois Income Tax. (See 86 Ill. Adm. Code 100.2470(f).)

ii) Gross receipts from intercompany transactions between two corporate members of a federal consolidated group, the

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taxable income on which is deferred under 26 CFR 1.1502- 13, shall be included in the sales factor of the recipient unless subtracted under a provision of IITA Section 203 or eliminated in combination of the two corporations as members of a unitary business group.

E) In some cases, certain gross receipts should be disregarded in determining the sales factor in order that the apportionment formula will operate fairly to apportion to this State the income of the person's trade or business. (See 86 Ill. Adm. Code 100.3380(c).)

F) For taxable years ending on or after December 31, 1999, gross receipts from the licensing, sale, or other disposition of a patent, copyright, trademark, or similar item of intangible personal property may be included in the sales factor only if gross receipts from licenses, sales, or other dispositions of these items comprise more than 50% of the taxpayer's total gross receipts included in gross income during the tax year and during each of the 2 immediately preceding tax years; provided that, when a taxpayer is a member of a unitary business group, the determination shall be made on the basis of the gross receipts of the entire unitary business group. (IITA Section 304(a)(3)(B-2)) For purposes of this Section:

i) "Gross receipts from the licensing, sale, or other disposition of a patent, copyright, trademark, or similar item of intangible personal property" includes amounts received as damages or settlements from claims of infringement.

ii) "Gross receipts from the licensing, sale, or other disposition of a patent" includes only amounts received from a person using the patent in the production, fabrication, manufacturing, or other processing of a product or from a person producing, fabricating or manufacturing a product subject to the patent.

iii) "Gross receipts from the licensing, sale, or other disposition of a copyright" includes only amounts received by the

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taxpayer from a person engaged in printing or other publication of the material protected by the copyright, which are governed by Section 100.3373. The term does not include gross receipts from broadcasting within the meaning of IITA Section 304(a)(3)(B-7) or from publishing or advertising within the meaning of IITA Section 304(a)(3)(C-5)(iv).

iv) If a taxpayer has been in existence less than three taxable years, its gross receipts from the licensing, sale, or other disposition of patents, copyrights, trademarks or similar items of intangible personal property shall be included in its sales factor if those gross receipts comprise more than 50% of its total gross receipts during each taxable year of its existence.

v) "Patent" means a patent issued under 35 USC 151.

vi) "Copyright" means a copyright registered or eligible for registration under 17 USC 408.

vii) "Trademark" means a trademark registered or eligible for registration under 15 USC 1051.

viii) A "similar item" means an item of intellectual property that is registered or otherwise enforceable under a law equivalent to 35 USC 151, 17 USC 408 or 15 USC 1051 or that is otherwise recognized in the country under whose law the sale or license agreement would be enforced, or under which an infringement claim would be brought.

ix) In the case of a unitary business group, the "total gross receipts and gross receipts from the licensing, sale or other disposition of a patent, copyright, trademark or similar item of intangible personal property in the two years immediately preceding the tax year" includes the gross receipts and gross receipts from the licensing, sale or other disposition of a patent, copyright, trademark or similar item of intangible personal property of all persons who are

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members of the unitary business group at some time during the taxable year, whether or not those persons were also members of the unitary business group in a preceding tax year, and only of those persons.

3) In filing returns with this State, if the person departs from or modifies the basis for excluding or including gross receipts in the sales factor used in returns for prior years, the person shall disclose in the return for the current year the nature and extent of the modification. If the returns or reports filed by the person with all states to which the person reports under Article IV of the Multistate Tax Compact or the Uniform Division of Income for Tax Purposes Act are not uniform in the inclusion or exclusion of gross receipts, the person shall disclose in its return to this State the nature and extent of the variance.

4) For taxable years ending prior to December 31, 2008, sales of electricity are sales other than sales of tangible personal property sourced under IITA Section 304(a)(3)(C). For taxable years ending on or after December 31, 2008 and prior to July 16, 2009, sales of electricity are sales of service sourced under IITA Section 304(a)(3)(C-5)(iv). For taxable years ending after July 15, 2009, sales of electricity are sales of tangible personal property sourced under IITA Section 304(a)(3)(B). (See Exelon Corp. v. Department of Revenue, 234 Ill 2d 266 (2009).) b) Denominator. The denominator of the sales factor shall include the total gross receipts derived by the person from transactions and activity in the regular course of its trade or business, except receipts excluded under 86 Ill. Adm. Code 100.3380(c). c) Numerator. The numerator of the sales factor shall include the gross receipts attributable to this State and derived by the person from transactions and activity in the regular course of its trade or business. All interest income, service charges, carrying charges, or time-price differential charges incidental to those gross receipts shall be included regardless of the place where the accounting records are maintained or the location of the contract or other evidence of indebtedness.

1) Sales of Tangible Personal Property in this State

A) Gross receipts from the sales of tangible personal property (except sales to the United States Government) (see subsection (c)(2)) are

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in this State:

i) if the property is delivered or shipped to a purchaser within this State regardless of the f.o.b. (free on board) point or other conditions of sale; or

ii) if the property is shipped from an office, store, warehouse, factory or other place of storage in this State and the taxpayer is not taxable in the state of the purchaser. However, premises owned or leased by a person who has independently contracted with the taxpayer for the printing of newspapers, periodicals or books shall not be deemed to be an office, store, warehouse, factory or other place of storage.

B) Property shall be deemed to be delivered or shipped to a purchaser within this State if the recipient is located in this State, even though the property is ordered from outside this State.

EXAMPLE: A corporation, with inventory in State A, sold $100,000 of its products to a purchaser having branch stores in several states including this State. The order for the purchase was placed by the purchaser's central purchasing department located in State B. $25,000 of the purchase order was shipped directly to purchaser's branch store in this State. The branch store in this State is the "purchaser within this State" with respect to $25,000 of the corporation's sales.

C) Property is delivered or shipped to a purchaser within this State if the shipment terminates in this State, even though the property is subsequently transferred by the purchaser to another state.

EXAMPLE: A corporation makes a sale to a purchaser who maintains a central warehouse in this State at which all merchandise purchases are received. The purchaser reships the goods to its branch stores in other states for sale. All of the corporation's products shipped to the purchaser's warehouse in this State is property "delivered or shipped to a purchaser within this State".

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D) The term "purchaser within this State" shall include the ultimate recipient of the property if the person in this State, at the designation of the purchaser, delivers to or has the property shipped to the ultimate recipient within this State.

EXAMPLE: A corporation in this State sold merchandise to a purchaser in State A. The corporation directed the manufacturer or supplier of the merchandise in State B to ship the merchandise to the purchaser's customer in this State pursuant to purchaser's instructions. The sale by the corporation is "in this State".

E) When property being shipped by a seller from the state of origin to a consignee in another state is diverted while en route to a purchaser in this State, the sales are in this State.

EXAMPLE: Corporation X, a produce grower in State A, begins shipment of perishable produce to the purchaser's place of business in State B. While en route the produce is diverted to the purchaser's place of business in this State in which state Corporation X is subject to tax. The sale by the corporation is attributed to this State.

F) If the person is not taxable in the state of the purchaser, the sale is attributed to this State if the property is shipped from an office, store, warehouse, factory, or other place of storage in this State (subject to the exception noted in (c)(1)(A)(ii)).

EXAMPLE: A corporation has its head office and factory in State A. It maintains a branch office and inventory in this State. The corporation's only activity in State B is the solicitation of orders by a resident salesman. All orders by the State B salesman are sent to the branch office in this State for approval and are filled by shipment from the inventory in this State. Since the corporation is immune under Public Law 86-272 from tax in State B, all sales of merchandise to purchasers in State B are attributed to this State, the state from which the merchandise was shipped.

2) Sales of tangible personal property to the United States Government in

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this State. Gross receipts from the sales of tangible personal property to the United States Government are in this State if the property is shipped from an office, store, warehouse, factory, or other place of storage in this State. For the purposes of this regulation, only sales for which the United States Government makes direct payment to the seller pursuant to the terms of the contract constitute sales to the United States Government. Thus, as a general rule, sales by a subcontractor to the prime contractor, the party to the contract with the United States Government, do not constitute sales to the United States Government.

EXAMPLE A: A corporation contracts with General Services Administration to deliver X number of trucks that were paid for by the United States Government. The sale is a sale to the United States Government.

EXAMPLE B: A corporation as a subcontractor to a prime contractor with the National Aeronautics and Space Administration contracts to build a component of a rocket for $1,000,000. The sale by the subcontractor to the prime contractor is not a sale to the United States Government.

3) For taxable years ending on or after December 31, 1999, gross receipts from the licensing, sale, or other disposition of a patent, copyright, trademark, or similar item of intangible personal property that are not excluded from the sales factor under subsection (a)(2)(F) are included in the numerator of the sales factor to the extent the item is utilized in this State during the year the gross receipts are included in gross income. (IITA Section 304(a)(3)(B-1)) For purposes of this subsection (c)(3):

A) A patent is utilized in a state to the extent that it is employed in production, fabrication, manufacturing, or other processing in the state or to the extent that a patented product is produced in the state. If a patent is utilized in more than one state, the extent to which it is utilized in any one state shall be a fraction equal to the gross receipts of the licensee or purchaser from sales or leases of items produced, fabricated, manufactured, or processed within that state using the patent and of patented items produced within that state, divided by the total of the gross receipts for all states in which the patent is utilized. (IITA Section 304(a)(3)(B-1)(ii)(I))

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B) A copyright is utilized in a state to the extent that printing or other publication originates in the state. Printing or other publication originates at the place at which the licensee of the copyright incorporates the copyrighted material into the physical medium by which it will be delivered to the purchaser of the material or, if the copyrighted material is delivered to the purchaser without use of a physical medium, the place at which delivery of the copyrighted material to the person purchasing the material from the licensee originates. If a copyright is utilized in more than one state, the extent to which it is utilized in any one state shall be a fraction equal to the gross receipts from sales or licenses of materials printed or published in that state divided by the total of the gross receipts for all states in which the copyright is utilized. (IITA Section 304(a)(3)(B-1)(ii)(II))

C) Trademarks and other items of intangible personal property governed by this subsection (c)(3) are utilized in the state in which the commercial domicile of the licensee or purchaser is located. (IITA Section 304(a)(3)(B-1)(ii)(III))

D) If the place of utilization of an item of property under subsection (c)(3)(A), (B) or (C) cannot be determined from the taxpayer's books and records or from the books and records of any person related to the taxpayer within the meaning of IRC section 267(b), the gross receipts attributable to that item shall be excluded from both the numerator and the denominator of the sales factor. (IITA Section 304(a)(3)(B-1)(iii))

4) For taxable years ending on or after December 31, 2013, gross receipts from winnings under the Illinois Lottery Law [20 ILCS 1605] and from the assignment of a prize under Section 13-1 of the Illinois Lottery Law are received in this State. (IITA Section 304(a)(3)(B-8))

5) For taxable years ending on or after December 31, 2019, gross receipts from winnings from pari-mutuel wagering conducted at a wagering facility licensed under the Illinois Horse Racing Act of 1975 [230 ILCS 5] or from winnings from gambling games conducted on a riverboat or in a casino or organization gaming facility licensed under the Illinois Gambling Act [230 ILCS 10] are in this State. (IITA Section 304(a)(3)(B-

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6) For taxable years ending prior to December 31, 2008, gross receipts from transactions not governed by the provisions of subsection (c)(1), (2), (3) or (4) and, for taxable years ending on or after December 31, 2008, from transactions involving intangible personal property when the taxpayer is not a dealer with respect to the intangible personal property, are attributed to this State if the income producing activity that gave rise to the receipts is performed wholly within this State. Also, gross receipts are attributed to this State if, with respect to a particular item of income, the income producing activity is performed in this State, based on costs of performance.

A) Income Producing Activity Defined. The term "income producing activity" applies to each separate item of income and means the transactions and activity directly engaged in by the person in the regular course of its trade or business for the ultimate purpose of obtaining gains or profit. Income producing activity does not include transactions and activities performed on behalf of a person, such as those conducted on its behalf by an independent contractor. The mere holding of intangible personal property is not, of itself, an income producing activity. Accordingly, the income producing activity includes but is not limited to the following:

i) The rendering of personal services by employees or the utilization of tangible and intangible property by the person in performing a service.

ii) The sale, rental, leasing, licensing or other use of real property.

iii) The rental, leasing, licensing or other use of tangible personal property.

iv) The sale, licensing or other use of intangible personal property.

B) Costs of Performance Defined. The term "costs of performance" means direct costs determined in a manner consistent with

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generally accepted accounting principles and in accordance with accepted conditions or practices in the trade or business of the person.

C) Application. Receipts sourced under this subsection (c)(65) in respect to a particular income producing activity are in this State if:

i) the income producing activity is performed wholly within this State; or

ii) the income producing activity is performed both in and outside this State and, based on costs of performance, a greater proportion of the income producing activity is performed in this State than without this State (for taxable years ending prior to December 31, 2008) or a greater proportion of the income-producing activity of the taxpayer is performed within this State than in any other state (for taxable years ending on or after December 31, 2008).

D) Special Rules. The following are special rules for determining when receipts from the income producing activities described in this subsection (c)(65)(D) are in this State.

i) Gross receipts from the sale, lease, rental or licensing of real property are in this State if the real property is located in this State.

ii) Gross receipts from the rental, lease, or licensing of tangible personal property are in this State if the property is located in this State. The principal cost of performance in a rental, leasing or licensing transaction is the depreciation or amortization of the tangible personal property, and the depreciation or amortization expense is incurred in the state in which the tangible personal property is located. The rental, lease, licensing or other use of tangible personal property in this State is a separate income producing activity from the rental, lease, licensing or other use of the same property while located in another state; consequently, if property is within and without this State

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during the rental, lease or licensing period, gross receipts attributable to this State shall be measured by the ratio which the time the property was physically present or was used in this State bears to the total time or use of the property everywhere during that period.

EXAMPLE: Corporation X is the owner of 10 railroad cars. During the year, the total of the days each railroad car was present in this State was 50 days for a total of 500 days. The receipts attributable to the use of each of the railroad cars in this State are a separate item of income. Total receipts attributable to this State shall be determined as follows:

(10 x 50)/3650 x Total Receipts

iii) Gross receipts for the performance of personal services are attributable to this State to the extent those services are performed partly within and partly outside this State. The gross receipts for the performance of those services shall be attributable to this State only if a greater portion of the services were performed in this State, based on costs of performance. When services are performed partly within and partly outside this State and the services performed in each state constitute a separate income producing activity, the gross receipts for the performance of services attributable to this State shall be measured by the ratio that the time spent in performing the services in this State bears to the total time spent in performing the services everywhere. Time spent in performing services includes the amount of time expended in the performance of a contract or other obligation that gives rise to the gross receipts. Personal service not directly connected with the performance of the contract or other obligation, as for example, time expended in negotiating the contract, is excluded from the computations.

EXAMPLE 1: Corporation X, a road show, gave theatrical performances at various locations in State X and in this

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State during the tax period. All gross receipts from performances given in this State are attributed to this State.

EXAMPLE 2: A public opinion survey corporation conducted a poll by its employees in State X and in this State for the sum of $9,000. The project required 600 man hours to obtain the basic data and prepare the survey report. Two hundred of the 600 man hours were expended in this State. The receipts attributable to this State are $3,000, calculated as follows:

200/600 x $9,000

76) For taxable years ending on or after December 31, 2008, gross receipts from transactions not governed by the provisions of subsection (c)(1), (2), (3), or (4), (5) or (6) are in this State if any of the following criteria are met:

A) Sales from the sale or lease of real property are in this State if the property is located in this State. (IITA Section 304(a)(3)(C-5)(i))

B) Sales from the lease or rental of tangible personal property are in this State if the property is located in this State during the rental period. Sales from the lease or rental of tangible personal property that is characteristically moving property, including, but not limited to, motor vehicles, rolling stock, aircraft, vessels, or mobile equipment, are in this State to the extent that the property is used in this State. (IITA Section 304(a)(3)(C-5)(ii))

C) In the case of interest, net gains (but not less than zero) and other items of income from intangible personal property, the sale is in this State if:

i) in the case of a taxpayer who:

• is a dealer in the item of intangible personal property within the meaning of IRC section 475, the income or gain is received from a customer in this State. A taxpayer is a dealer with respect to an

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item of intangible personal property if the taxpayer is a dealer with respect to the item under IRC section 475(c)(1), or would be a dealer with respect to the item under IRC section 475(c)(1) if the item were a security as defined under IRC section 475(c)(2). For purposes of this subsection (c)(76)(C)(i), a customer is in this State if the customer is an individual, trust or estate who is a resident of this State and, for all other customers, if the customer's commercial domicile is in this State. Unless the dealer has actual knowledge of the residence or commercial domicile of a customer during a taxable year, the customer shall be deemed to be a customer in this State if the billing address of the customer, as shown in the records of the dealer, is in this State. (IITA Section 304(a)(3)(C- 5)(iii)(a)) A dealer shall treat the person with whom it engages in a transaction as the customer, even when that person is acting on behalf of a third party, unless the dealer has actual knowledge of the party on whose behalf the person is acting. If a taxpayer is a dealer with respect to an item of intangible personal property and recognizes gain or loss with respect to that item other than in connection with a transaction with a customer (for example, unrealized gain or loss from marking the item to market under IRC section 475), that gain or loss shall be excluded from the numerator and denominator of the sales factor; or

• is not a dealer with respect to the item of intangible personal property, if the income-producing activity of the taxpayer is performed in this State or, if the income-producing activity of the taxpayer is performed both within and without this State, if a greater proportion of the income-producing activity of the taxpayer is performed within this State than in any other state, based on performance costs.

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(IITA Section 304(a)(3)(C-5)(iii)(b)) (See subsection (c)(65) of this Section.)

ii) For purposes of this subsection (c)(76)(C), an item of "intangible personal property" includes only an item that can ordinarily be resold or otherwise reconveyed by the person acquiring the item from the taxpayer, and does not include any obligation of the taxpayer to make any payment, perform any act, or otherwise provide anything of value to another person.

EXAMPLE 1: A ticket to attend a sporting event would not be an item of intangible personal property for the owner of the stadium who issues the ticket and is obliged to grant admission to the holder of the ticket. Rather, the sale of the ticket is a prepayment for a service to be provided. However, the ticket would be an item of intangible personal property in the hands of the original purchaser or any subsequent purchaser of the ticket, and a ticket broker engaged in the business of buying and reselling tickets would be a dealer with respect to the ticket.

EXAMPLE 2: A taxpayer selling canned computer software is selling intangible personal property. (First National Bank of Springfield v. Dept. of Revenue, 85 Ill.2d 84 (1981)) If the taxpayer sells software to customers in the ordinary course of its business, it is a dealer with respect to those sales. In contrast, a taxpayer providing programming or maintenance services to its customers is selling services rather than intangible personal property.

EXAMPLE 3: A taxpayer administers a "rewards program" for a group of unrelated businesses. Under the program, a customer of one business can earn discounts or rebates on products and services provided by any of the businesses. As each customer earns rewards, measured in "units", from one of the businesses, that business pays a specified amount per unit to the taxpayer. When a customer uses units earned in the program to purchase products or

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services at a discount from a participating business, the taxpayer pays that business a specified amount per unit used by the customer. Rebates may be paid to the customer directly by the taxpayer or by one of the businesses, which is then reimbursed by the taxpayer. To the extent payments made to the taxpayer by businesses awarding units exceed the payments the taxpayer must make for discounts and rebates, the excess is payment for operating the program. The units awarded are obligations of the taxpayer to make payments to the business providing products or services at a discount or to pay rebates. Accordingly, payments received by the taxpayer from the participating businesses for units awarded are not income from sales of intangible personal property by the taxpayer.

D) Sales of services are in this State if the services are received in this State. (IITA Section 304(a)(3)(C-5)(iv))

i) General Rule. Gross receipts from services are assigned to the numerator of the sales factor to the extent that the receipts may be attributed to services received in Illinois.

ii) A contract that involves the provision of a service by the taxpayer and the use of property of the taxpayer by the service recipient shall be treated as a sale of service unless the contract is properly treated as a lease of property under IRC section 7701(e)(1), taking into account all relevant factors, including whether:

• the service recipient is in physical possession of the property;

• the service recipient controls the property;

• the service recipient has a significant economic or possessory interest in the property;

• the service provider does not bear any risk of substantially diminished receipts or substantially

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increased expenditures if there is nonperformance under the contract;

• the service provider does not use the property concurrently to provide significant services to entities unrelated to the service recipient; and

• the total contract price does not substantially exceed the rental value of the property for the contract period.

EXAMPLE: A taxpayer selling access to an online database or applications software, and who is required to perform regular update services to the database or software, retains control over the contents of the database or software, and provides access to the same database or software to multiple customers is not selling or licensing an item of intangible personal property to its customers, but rather is providing a service.

iii) Services received in this State include, but are not limited to:

• When the subject matter of the service is an item of tangible personal property, the service is received in this State if possession of the property is restored to the recipient of the service under the principles in subsection (c)(1) for determining whether a sale of that property is in this State.

EXAMPLE 1: A customer returns a computer to the manufacturer for repair. The manufacturer performs the repairs in Indiana and ships the computer to the customer's Illinois address. The service is received in this State.

EXAMPLE 2: Individual purchases clothing from Merchant at a store in this State, using a credit card issued by Bank A pursuant to a licensing agreement

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with Credit Card Company. Credit Card Company is not a financial organization required to apportion its business income under Section 100.3405. Bank A remits the purchase price to Credit Card Company, which deposits the purchase price with Merchant's bank, minus a fee or discount. All fees and discounts earned by Credit Card Company in connection with this purchase are for services received in this State.

• When the subject matter of the service is an item of real property, the service is received in the state in which the real property is located.

EXAMPLE 3: Individual purchases a parcel of land in Illinois and constructs a house on the parcel. Services performed at an architect's office in Wisconsin regarding the design and construction of the house are received in this State.

• When the service is performed on or with respect to the person of an individual (for example, medical treatment services), the service is received in the state in which the individual is located at the time the service is performed.

• Services performed by a taxpayer that are directly connected to or in support of services received in this State are also services received in this State.

EXAMPLE 4: Individual purchases automobile repair services from Automobile Dealership at its facility located in this State, using a credit card issued by Bank A pursuant to a licensing agreement with Credit Card Company. Bank A remits the purchase price to Credit Card Company, which deposits the purchase price with Automobile Dealership's bank, minus a fee or discount. All fees and discounts earned by Credit Card Company in

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connection with this purchase are for services received in this State.

EXAMPLE 5: Services performed by an investment fund on behalf of an investor are received in this State if the investor resides in this State (in the case of an individual) or has its ordering or billing address in this State (for other investors). In the case of services provided by Taxpayer to or on behalf of the investment fund that are directly connected with services provided separately to the investors, such as preparation of communications and statements to investors, and allocations of earnings and distributions to investors, the service is also received in this State to the extent the investors reside (or have their ordering or billing address) in this State. Accordingly, receipts of Taxpayer for these services are allocated to this State on the basis of the ratio of: the average of the outstanding shares in the fund owned by shareholders, partners or other investors residing (or having their ordering or billing address) within this State at the beginning and end of each taxable year of the taxpayer; and the average of the total number of outstanding shares in the fund at the beginning and end of each year. Residence or ordering or billing address of the shareholder, partner or other investor is determined by the mailing address in the records of the investment fund or the taxpayer. Services provided to an investment fund that are not directly connected to or in support of services provided separately to investors, such as brokerage services or investment advising, are not received by the customer at the location of its investors.

iv) Special Rules

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• Under IITA Section 304(a)(3)(C-5)(iv), if the state where the services are received is not readily determinable, the services shall be deemed to be received at the location of the office of the customer from which the services were ordered in the regular course of the customer's trade or business, or, if the ordering office cannot be determined, at the office of the customer to which the services are billed. If the service is provided to an individual who provides a residential address as the place from which the services are ordered or to which the services are billed, rather than an office address, the residential address shall be used. For purposes of this provision, the state where services are received is not readily determinable if the facts necessary to make the determination are not contained in the books and records of the taxpayer or any person related to the taxpayer within the meaning of IRC section 267(b) or if the available facts would allow reasonable persons to reach different determinations of the state in which the services were received.

• Under IITA Section 304(a)(3)(C-5)(iv), if the services are provided to a corporation, partnership, or trust and the services are received in a state in which the corporation, partnership, or trust does not maintain a fixed place of business (as defined in Section 100.3405(b)(1)), the services shall be deemed to be received at the location of the office of the customer from which the services were ordered in the regular course of the customer's trade or business, or, if the ordering office cannot be determined, at the office of the customer to which the services are billed. For purposes of this provision, in the case of services performed by the taxpayer as a subcontractor or as an agent acting on behalf of a principal, if either the contractor or principal has a fixed place of business in the state in which the services are received or the customer of

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the contractor or principal either is an individual or has a fixed place of business in the state in which the services are received, the service shall be treated as received in a state in which the customer of the taxpayer has a fixed place of business.

• Under IITA Section 304(a)(3)(C-5)(iv), if the taxpayer is not taxable in the state in which the services are received or deemed to be received, the gross receipts attributed to those services must be excluded from both the numerator and denominator of the sales factor. (See Section 100.3200 for guidance on determining when a taxpayer is taxable in another state.)

(Source: Amended at 45 Ill. Reg. 2006, effective January 29, 2021)

SUBPART S: REQUIREMENT AND AMOUNT OF WITHHOLDING

Section 100.7030 Payments to Residents (IITA Section 701)

a) In Generalgeneral

1) Any payment to an Illinois resident as an employee or otherwise by any payer maintaining an office or transacting business in this Statestate shall be subject to withholding of Illinois income tax if thosesuch payments are subject to withholding of federal income tax. Any payer maintaining an office or transacting business in this Statestate making thesesuch payments shall be considered an "employer" for purposes of IITA Article 7 and these regulations and, accordingly, will be subject to the same rules and procedures governing employers withholding tax on compensation paid in Illinois. For example, thesesuch payers will be required to register as withholding agents, and shall be subject to the reporting (and payment) requirements of IITA Sections 703 and 704. Also, thesesuch payers will be subject to the penalties prescribed in Article 10 of the Act.

2) Payments to an Illinois resident by a payer transacting business or maintaining an office in Illinois on which federal withholding is required shall be considered "compensation paid in Illinois" for purposes of IITA

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Article 7 and this Partthe regulations thereunder. Illinois residents receiving thesesuch payments shall be considered "employees" for purposes of IITA Article 7 and this Partthe regulations thereunder. Thus, for example, the computation of the amount of tax to be deducted and withheld shall be made pursuant to Section 100.7050 and the payee shall be entitled to a withholding exemption pursuant to Section 100.7100 of this Part.

3) Withholding shall be required on the first payment on which withholding of federal income tax is required and shall continue to be required in respect of all thesesuch payments until withholding of federal income tax on thesuch payments terminates pursuant to the Internal Revenue Code and the regulations thereunder. b) Payments Subjectsubject to Federal Withholdingfederal withholding 1)Withholding of Illinois income tax is required on all payments to Illinois residents on which withholding of tax is required under the Internal Revenue Code. This applies not only to compensation but to any other type of payment on which federal withholding of income tax is required. Withholding shall be considered required under the Internal Revenue Code if the payee is authorized either by the Internal Revenue Code or the regulations thereunder to request withholding of federal income tax on a particular type of payment and the payee and payer have entered into an agreement for such withholding. No authorization from the payee for Illinois withholding is necessary in this situation; the requirement of federal withholding even though voluntarily elected shall automatically impose Illinois withholding.

2) Income tax withholding requirements on certain gambling winnings

A) General requirements. Under IITA Section 701(b) a payer of gambling winnings maintaining an office or transacting business in Illinois must withhold Illinois income tax from such winnings if the winnings are paid to an Illinois resident or to someone receiving them on behalf of an Illinois resident and if the winnings are subject to Federal income tax withholding.

B) Residents defined. The following are Illinois residents:

i) an individual who is in Illinois for other than a temporary

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or transitory purpose during the taxable year; or who is domiciled in Illinois but is absent from Illinois for a temporary or transitory purpose during the taxable year;

ii) the estate of a decedent who at his death was domiciled in Illinois;

iii) a trust created by a will of a decedent who at his death was domiciled in Illinois; and

iv) an irrevocable trust, the grantor of which was domiciled in Illinois at the time such trust became irrevocable (but not including "grantor trusts" under 26 USC 671 through 678).

C) Gambling winnings from which withholding is required. Illinois income tax withholding is required if the gambling winnings are paid to a resident of Illinois and are subject to federal income tax withholding requirements. For more specific information, and precise details regarding actual federal withholding requirements, see 26 USC 3402(q) and the instructions for U.S. Form 5754 available from the Internal Revenue Service.

D) Determination of winner's status as an Illinois resident – Form IL- 5754. At the time the winnings are paid, Form IL-5754, Statement by Person(s) Receiving Gambling Winnings, must be completed. The person (or persons) receiving the winnings must identify himself and any other winners by indicating name, address, state of residence, taxpayer identifying number and amount won. If the person receiving the winnings is unable to properly identify any of the winners, or the state of residence of any such other winner, the amount of the winnings applicable to such other person shall be considered as having been won by the person (or persons) properly identified. Form IL-5754 must be signed, under penalties of perjury, by the person (or persons) receiving the winnings. A copy of Form IL-5754 must be retained by the payer; it need not be submitted to the Department.

E) Withholding from residents. If any of the persons listed on Form IL-5754 has Illinois as his state of residence and Federal income

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tax withholding is required, the payer must withhold Illinois income tax at the rate of 3% from each such person's winnings except to the extent that any such person claims an exemption on Form IL-W-4G submitted to the payer prior to the payment. The payer must prepare a Form IL-W-2G for every winner from whose gambling winnings Illinois income tax is withheld and the completed Form IL-W-2G may be presented to the winner either at the time of payment of the winnings or at any time up to and including January 31 of the year following the year of payment. Regarding the exemption certificates (Forms IL-W-4G), one copy should be retained by the winner and two copies should be submitted to the payer, the payer then forwarding one copy to the Department of Revenue on or before the 15th day of the following month.

F) Filing and remittance obligations of the payers. Payers withholding Illinois income tax on gambling winnings are required to file returns and information statements and make remittances in accordance with the schedule established by IITA Section 704 (see Section 5 of the Illinois Withholding Guide – Form IL-700). Payment due dates will reflect the total amounts withheld under IITA Sections 701, 708, 709 and 710. For example, if, during a quarter-monthly period, an employer withholds $400 from employee's wages, $400 from gambling winnings paid to residents, and $400 from certain payments made pursuant to a personal services contract under IITA Section 708, he must remit $1,200 to the Illinois Department of Revenue by the third banking day following the close of that quarter-monthly period. c) Exceptions

1) Withholding will not be required under this Sectionsection on any payment to the extent thesuch payment is not includable in the recipient's base income. Thus, if a payment consists partially of a return of capital, only that part of the payment thatwhich is not a return of capital and, hence, is income, would be subject to withholding. Also annuity payments from qualified employee benefit plans, which are not includable in Illinois base income under IITA Section 203(a)(2)(E), would not be subject to withholding under this Sectionsection notwithstanding an agreement

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between the payor and the payee for the withholding of federal income tax on thosesuch payments. Similarly, if a payment consists of an amount thatwhich is exempt from taxation by this State either by reason of its Constitution or by reason of the Constitution, treaties or statutes of the United States (i.e., interest on obligations of the United States), thesuch payment would not be subject to withholding under this Sectionsection.

2) Withholding will not be required on any payment under this Sectionsection, except "compensation paid in Illinois", as defined in Section 100.7010(a), of this Part to the extent that the payment is subjected to withholding by another state. A signed declaration by the payee to the effect that another state is withholding income tax on a payment shall relieve the payer of the requirement to withhold Illinois tax on thesuch payment.

(Source: Amended at 45 Ill. Reg. 2006, effective January 29, 2021)

Section 100.7036 Withholding of Lottery and Gambling Winnings (IITA Section 710)

a) In General

1) Any person making a payment to a resident or nonresident of winnings under the Illinois Lottery Law and not required to withhold Illinois income tax from the payment under IITA Section 701(b) because those winnings are not subject to federal income tax withholding must withhold Illinois income tax from that payment at a rate equal to the percentage tax rate for individuals provided in IITA Section 201(b), provided that withhold is not required if the payment of winnings is less than $1,000. (IITA Section 710(a)(1))

2) In the case of an assignment of a lottery prize under Section 13.1 of the Illinois Lottery Law [20 ILCS 1605], any person making a payment of the purchase price after December 31, 2013 shall withhold from the amount of each payment at a rate equal to the percentage tax rate for individuals provided in IITA Section 201(b). (IITA Section 710(a)(2))

3) Any person making a payment after December 31, 2019 to a resident or nonresident of winnings from pari-mutual wagering conducted at a wagering facility licensed under the Illinois Horse Racing Act of 1975

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[230 ILCS 5] or from gambling games conducted on a riverboat or in a casino or organization gaming facility licensed under the Illinois Gambling Act [230 ILCS 10] must withhold Illinois income tax from the payment at a rate equal to the percentage tax rate for individuals provided in IITA Section 201(b), provided that the person making the payment is required to withhold under 26 USC 3402(q). (IITA Section 710(a)(3)) For more specific information, and precise details regarding actual federal withholding requirements, see 26 USC 3402(q) and the instructions for U.S. Form 5754 available from the Internal Revenue Service.

(Source: Added at 45 Ill. Reg. 2006, effective January 29, 2021)

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1) Heading of the Part: College Savings Pool

2) Code Citation: 23 Ill. Adm. Code 2500

3) Section Numbers: Adopted Actions: 2500.10 Amendment 2500.20 Amendment 2500.30 Amendment 2500.40 Amendment 2500.50 Amendment 2500.60 Amendment 2500.70 Amendment 2500.80 Amendment 2500.90 Amendment 2500.100 Amendment 2500.110 Amendment 2500.120 Repealed 2500.130 Repealed

4) Statutory Authority: Implementing and authorized by Section 16.5 of the State Treasurer Act [15 ILCS 505].

5) Effective Date of Rules: January 29, 2021

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? Yes, see the definitions of "Code" and "Eligible Educational Institutions" in Section 20.

8) A copy of the adopted rules is on file in the State Treasurer's office at 219 State House, Springfield, IL 62706 and is available for public inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 17012; October 23, 2020

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Difference between Proposal and Final Version: None

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12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No changes were suggested.

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 rulemaking updates the existing rule to make it consistent with PA 100-905 and 101-26. The changes will provide clarification as to how the Pool is administered in accordance with the amended state statute as well as federal statutes and guidelines provided by federal regulatory agencies.

16) Information and questions regarding these adopted rules shall be directed to:

Joanna Coll Assistant General Counsel Illinois State Treasurer 1 East Old State Capitol Plaza Springfield IL 62701

217/782-9722 [email protected]

The full text of the Adopted Amendments begin on the next page:

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TITLE 23: EDUCATION AND CULTURAL RESOURCES CHAPTER XVI: TREASURER

PART 2500 COLLEGE SAVINGS POOL

Section 2500.10 Purpose 2500.20 Definition of Terms 2500.30 Application ProcessParticipation Requirements 2500.40 Program AdministrationDeposits at Participating Financial Institutions 2500.50 Investment Policy 2500.60 ContributionsRecord Keeping 2500.70 DistributionsWithdrawals 2500.80 Administrative Fees, Costs, and Expenses 2500.90 Account Limits 2500.100 Debt 2500.110 Program Documents 2500.120 Private Contractors (Repealed) 2500.130 Amendment of Rules (Repealed)

AUTHORITY: Implementing and authorized by Section 16.5 of the State Treasurer Act [15 ILCS 505].

SOURCE: Adopted by emergency rule at 24 Ill. Reg. 6118, effective March 24, 2000, for a maximum of 150 days; emergency expired August 20, 2000; adopted at 24 Ill. Reg. 14441, effective September 12, 2000; emergency amendment at 25 Ill. Reg. 13323, effective October 3, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 3747, effective February 20, 2002; emergency amendment at 29 Ill. Reg. 19308, effective November 14, 2005, for a maximum of 150 days; emergency expired April 12, 2006; amended at 41 Ill. Reg. 13368, effective October 20, 2017; amended at 45 Ill. Reg. 2052, effective January 29, 2021.

Section 2500.10 Purpose

The Treasurer mayshall establish and administer the Poolpool as a qualified State tuition program under section 529 of the Code, thus providing participants with the federal tax benefits provided in section 529 of the Code. The Poolpool shall be structured to enable account ownersparticipants to own an interest in a pool of assets, which may include, but need not be limited to, equities, bonds, money market instruments, financial institution deposits, or

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NOTICE OF ADOPTED AMENDMENTS investment funds consisting primarily of those assets. The Treasurer, in a manner that is in compliance with federal and State securities laws, mayshall issue interests in the Poolpool. The Treasurer may receive,shall hold, and invest moneys paid into the assets of the Poolpool in trust for the benefit of the account ownersparticipants and designated beneficiaries. In order to qualify the Poolpool as a qualified state tuition program under section 529 of the Code and to so hold the assets of the Poolpool in trust, the Treasurer may create a trust by declaration of trust. The trust shall be an instrumentality of the State of Illinois.

(Source: Amended at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.20 Definition of Terms

The following definitions shall apply to this Part:

"Act": Section 16.5 of the State Treasurer Act [15 ILCS 505/16.5] that establishes the College Savings Pool.

"Account": An individual investment account established and maintained in the College Savings Pool.

"Account Owner": Any person or entity who has opened an account or to whom ownership of an account has been transferred, as allowed by the Code, and who has authority to withdraw funds, direct withdrawal of funds, change the designated beneficiary, or otherwise exercise control over an account in the College Savings Pool.

"Administrative Fees, Costs, and Expenses": Any fees, costs, andAll expenses, including investment fees and expenses, to cover the costs of administration, recordkeeping, and investment management, and payments to third parties, related to the Pool.associated with the implementation, administration and marketing of the pool, including fees payable to third parties providing services related to the implementation, administration and marketing of the pool. Investment expenses, such as the internal fees and expenses of an investment fund in which assets of the pool are invested and other similar expenses, shall not be considered administrative expenses.

"Account": An individual investment account established and maintained in the pool.

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"Applicant": Any person who has applied or who is in the process of applying to open an account in the Poolpool.

"Code": The Internal Revenue Code of 1986, as amended (26 USC 1 et seq.).

"College Savings Pool" or "Pool": The College Savings Pool authorized to be established by the Treasurer under the Act and operated in accordance with section 529 of the Code, which may consist of one or more programs.

"College Savings ProgramPlan" or "Program": An Illinois qualified tuition program established under the PoolAct and operated in accordance with section 529 of the Code.

"Contributions": Contributions made to an account by a donor.

"Deposits": The deposits to be made by the Treasurer, on behalf of and for the benefit of the account owners, with financial institutions accepting deposits as required by the Act.

"Designated Beneficiary": Any individual designated as the beneficiary of an account in the Pool by an account owner. A designated beneficiary must have a valid social security number or taxpayer identification number. In the case of an account established as part of a scholarship program permitted under section 529 of the Code, the designated beneficiary is any individual receiving benefits accumulated in the account as a scholarship."Designated Beneficiary": The designated individual whose qualified expenses are expected to be paid from an account. A designated beneficiary may be the individual designated on the application, a new beneficiary in the case of a change of beneficiaries, or an individual as part of a scholarship program operated by a State or local government (or their agency or instrumentality) or an organization described in section 501(c)(3) of the Code.

"Donor": Any person or entity who makes a contribution to an account in the Pool.

"Earnings": The aggregate total of all dividends and interest income received by the College Savings Pool. The aggregate total of dividends and interest income shall be reduced by the aggregate total of administrative fees, costs, and expenses paid out of the Pool prior to calculating earnings. Earnings shall be determined

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NOTICE OF ADOPTED AMENDMENTS without regard to realized or unrealized capital gains and losses incurred by the Pool.The aggregate total of all dividends, interest income, and realized and unrealized capital gains and losses received or accrued by the College Savings Pool, reduced by the aggregate total of investment and administrative expenses paid out of the pool.

"Eligible Educational Institutions": Public and private colleges, community colleges, graduate schools, and certain vocational institutions that are described in section 20 USC 1001 (Higher Education Resource and Student Assistance) and that are eligible to participate in U.S. Department of Education student aid programs.

"Institutions of Higher Education": Educational institutions that are described in section 481 of the Higher Education Act of 1965 (20 USC 1088), as in effect on August 5, 1997, and are eligible to participate in a program under Title IV of that Act. The term may include, but is not limited to, community colleges, public and private four-year colleges, universities, graduate and post-graduate programs, and certain proprietary and vocational schools as allowed by section 481.

"Investment Options": TheRefers to the underlying funds and investment portfolios available to account ownersparticipants within a program.

"Investment Policy Statement": The Investment Policy Statement adopted by the Treasurer pursuant to the Act, which establishes the College Savings Pool and sets forth the policies, objectives, and guidelines that govern the investment of moneysdeposits in the programs.

"Investment Selection": Refers to the process of choosing the underlying investment funds, as well as the investment portfolios, by participants.

"Participant": An owner of an account on behalf of a designated beneficiary.

"Participating Financial Institution": Any financial institution insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration and lawfully doing business in the State of Illinois, and any credit union lawfully doing business in the State of Illinois that has executed a participation agreement with the Treasurer or his or her agent, for the purposes of promoting a college savings program in the Pool.

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"Pool": The College Savings Pool authorized to be established under the Act.

"Prevailing Interest Rate": The interest rate offered by a participating financial institution to an ordinary customer seeking to deposit a given amount of money at the institution. The prevailing interest rate may be lower than the rate that is offered to certain preferred customers.

"Program Disclosure Statement": The offering document distributed to applicants and account owners describing the programdescribing the College Savings Plans for distribution to participants in connection with their opening of an account and entering into a participation agreement and to others having an interest in the College Savings Plans. The Program Disclosure Statementprogram disclosure statement shall include, without limitation and unless contained in the application for enrollmentparticipation agreement, the information required by the Act and otherwise required under applicable federal and Illinois laws.

"Program Manager": Any financial institution or entity lawfully doing business in the State of Illinois selected by the Treasurer to oversee the recordkeeping, custody, customer service, investment management, and marketing for one or more of the programs in the College Savings Pool.

"Qualified Expenses":

Tuition, fees, and the costs of books, supplies, and equipment required for enrollment or attendance at an eligible educational institution;

Expenses for special needs services, in the case of a special needs beneficiary, that are incurred in connection with the enrollment or attendance;

Certain expenses for the purchase of computer or peripheral equipment, as defined in section 168 of the Code, computer software, as defined in section 197 of the Code, or Internet access and related services, if the equipment, software, or services are to be used primarily by the beneficiary during any of the years the beneficiary is enrolled at an eligible educational institution, except that, these expenses shall not include expenses for computer software designed for sports, games, or hobbies, unless the software is predominantly educational in nature; and

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Room and board expenses incurred while attending an eligible educational institution at least half-time. A student shall be considered to be enrolled at least half-time if the student is enrolled for at least half the full-time academic workload for the course of study the student is pursuing, as determined under the standards of the institution at which the student is enrolled. [15 ILCS 505/16.5]"Qualified Expenses": Those expenses treated as "qualified higher education expenses" under section 529 of the Code, including: tuition, fees, computers and related equipment and services, books, supplies, special needs services in the case of a special needs beneficiary, equipment and costs for room and board (subject to certain limits as specified under the Code).

"Third-party Service Provider" means a subcontractor of the Program Manager for the exclusive purpose of distributing the Bright Directions advisor-sold plan.

"Treasurer": The duly elected Treasurer of the State of Illinois or his or her designee or designees, which may include one or more third party service providers.

(Source: Amended at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.30 Application ProcessParticipation Requirements

a) The Treasurer may permit persons, including trustees of trusts and custodians under a Uniform Transfers to Minors Act or Uniform Gifts to Minors Act account, and certain legal entities to be account owners, including as part of a scholarship program, provided that:

1) An individual, trustee or custodian must have a valid social security number or taxpayer identification number, be at least 18 years of age, and have a valid United States street address; and

2) A legal entity must have a valid taxpayer identification number and a valid United States street address. [15 ILCS 505/16.5(d)]Participants on behalf of designated beneficiaries shall make contributions to the pool. Any person residing in the United States at the time the account is processed may be a participant. Any person may be a designated beneficiary. Contributions may be made only in cash and not in property. Cash contributions may be made by check, money order, electronic transfer, or

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similar methods allowed by the Code. Cash contributions may not be made by credit card. b) Applications mayNew accounts in the pool shall be processed through a program managerparticipating financial institutions. Completed applications must be submitted as specified in the application form and the program disclosure statement. c) The Treasurer shall create applications for participation in the Poolpool to be completed by the applicant and the participating financial institution. The applicant and the participating financial institution shall be responsible for providing all of the information requested by the Treasurer. The application shall include, but is not limited to, the following informationrequire the applicant to provide the following information:

1) The applicant's nameName, physical address, date of birth, Social Security number or TaxpayerIndividual Tax Identification Numbernumber, and signature of applicant;

2) The designated beneficiary's nameName, physical address, date of birth, and Social Security number or Individual Taxpayer Tax Identification Numbernumber of the designated beneficiary;

3) Investment selection;

4) Funding method; and

5) Additional information that may be beneficial to the administration of the program, or that is required by federal regulations and/or guidance. d) The Treasurer shall keep all information received from applicants and account owners confidential and may only share the information as required by law or as necessarywith third parties to the extent required to operate the College Savings Poolpool. e) When an application is submitted through a financial advisor, the financial advisorParticipating financial institutions shall be required to provide information regarding the participating financial advisorinstitution on the application to enable the Treasurer to open an account for the applicant and verify that the account was

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processed through a participating financial institution. Applications that have the relevant section completed by the participating financial institution shall be deemed to be processed through the participating financial institution. Completed applications must be submitted as specified in the application form and the program disclosure statement.

fd) Applications may include an initial contribution to the Poolpool in any amount in a manner set forth in Section 2500.60subsection (a). No minimum contribution shall be required to open an account. Applications that are incomplete and applications that fail to meet the guidelines established by the Treasurer or set by the Code mayin an effort to comply with section 529 of the Code shall be rejected.

e) Subsequent contributions to the pool may be in any amountand may be made by the participant directly to the pool. Subsequent contributions may be made by a method set forth in subsection (a).

(Source: Amended at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.40 Program AdministrationDeposits at Participating Financial Institutions

a) The Treasurer is the trustee and administrator of the College Savings Pool. The Treasurer's duties include, but are not limited to:

1) Providing administrative support to the Pool;

2) Developing and implementing investment policies for the Pool; and

3) Appointing program managers and vendors to provide management, oversight and other tasks necessary to administer the Pool.The Treasurer, in accordance with the State Treasurer Act [15 ILCS 505], shall make a percentage of each account processed by a participating financial institution available for investments as deposits in participating financial institutions. Unless a participating financial institution elects not to accept the deposits or is prohibited by law from accepting the deposits, the Treasurer will make deposits in participating financial institution in an amount that is at least as great as the percentages provided in the Act, provided that the deposit is federally insured or collateralized with United States Treasury obligations having maturities of 10 years or less, the

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principal and interest on which are guaranteed as to the timely payment by the United States, in an amount equal to 105% of the amount of deposit to be collateralized. The required percentage of each account to be invested in these deposits shall be invested in all participating financial institutions accepting deposits. b) Accounts in the Pool may be processed through a program manager or its approved designees. The program manager is responsible for the day-to-day oversight and management of the programs in the Pool. The program manager's duties include, but are not limited to, oversight of the recordkeeping, custody, customer service, investment management, and marketing for one or more of the programs in the Pool.The Treasurer shall make all deposits required by the Act at least annually. A participating financial institution that elects to accept deposits shall be entitled to receive the deposits related to the accounts processed through the participating financial institution as long as the accounts exist, unless the institution is prohibited by law from accepting the deposits. A participating financial institution may choose to revoke its election to accept deposits for existing accounts or may assign its right to those deposits to another participating financial institution that accepts these deposits. If a participating financial institution revokes its election to accept deposits for existing accounts, the Treasurer shall invest the deposits to which the participating financial institution would otherwise be entitled in one or more participating financial institutions selected by the Treasurer. The Treasurer shall seek to place the deposits at a participating financial institution whose main address is in close geographic proximity to the participating financial institution that has revoked its election to accept those deposits. The Treasurer shall, until each annual adjustment date, invest in deposits at financial institutions selected by the Treasurer. The Treasurer may aggregate multiple deposits to a participating financial institution. c) The program manager shall maintain records as required by law and in accordance with the Treasurer's records retention policies. The records maintained by the program manager shall include records that enable the production of a report for each account in the Pool. A separate accounting shall be provided to the account owner, and, if applicable, to the financial advisor, at least annually and shall show the account balance, the investment in the account, the investment earnings, and the distributions from the account.Participating financial institutions shall offer to the College Savings Pool their full range of deposit products at prevailing interest rates. Participating financial institutions shall make time deposits available to the pool at prevailing interest rates for certificates of deposit

ILLINOIS REGISTER 2063 21 OFFICE OF THE STATE TREASURER

NOTICE OF ADOPTED AMENDMENTS

whether or not the amounts of the deposits meet the minimum investment amount required to purchase certificates of deposit. The Treasurer may require that, when a time deposit is redeemed in part prior to maturity, the participating financial institution will apply any penalty only to the redeemed portion and not to the non- redeemed portion of the time deposit. The Treasurer may require participating financial institutions to provide written confirmation that the rates offered to the pool are prevailing interest rates.

d) The deposits in participating financial institutions shall be pooled.

e) To the extent that a deposit is not insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, the Treasurer shall require that the deposit is fully collateralized.

(Source: Amended at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.50 Investment Policy

a) The Treasurer shall select the investment options to be offered by the Poolpool to the account ownersparticipants. The Treasurer shall develop, publish, and implement an investment policy covering the investment of the moneys in each of the programs in the Pool. The policy shall be published each year as part of the audit of the College Savings Pool by the Auditor General. The policy shall be distributed to all account owners in each program. The Treasurer shall notify all account owners in the program in writing, and the Treasurer shall publish, in a newspaper of general circulation in both Chicago and Springfield, any changes to the previously published investment policy at least 30 calendar days before implementing the policy. [15 ILCS 505/16.5(g)]The Treasurer shall, by the commencement date of the pool and each year thereafter, develop, publish and implement an investment policy covering the investment of monies in the pool. The policy may be amended at any time and shall be published and distributed to participants 30 days prior to implementing the policy in accordance with the Act. The investment policy shall govern the investment of accounts, including the investment options available to participants.

b) The investment policy is a written statement describing the risk management and oversight program and should be designed to:

ILLINOIS REGISTER 2064 21 OFFICE OF THE STATE TREASURER

NOTICE OF ADOPTED AMENDMENTS

1) ensure that an effective risk management process is in place to monitor the risk levels of the Poolpool;

2) ensure that risks taken are prudent, properly managed, and adequately compensated compared to applicable performance benchmarks and standards;

3) describe the Treasurer's investment objectives; and

4) describe the process of evaluating performance of employees and contractors that provide investment management services to the Poolpool. c) The Treasurer shall utilizeabide by the following investment principles when constructing, evaluating, and selecting the investment framework, investment options, andselecting investment funds for the Pooloptions for college savings accounts:

1) Low Cost – The Treasurer must use his or her best efforts to keep fees as low as possible and consistent with the administration of high quality competitive college savings programs. [15 ILCS 505/16.5(e)]The pool's investment options shall be constructed and administered in a manner that is designed to minimize investment fees to designated beneficiaries.

2) Open Architecture – The Pool'spool's investment framework shall utilize an open architecture plan design, meaning it shallwill not be required to selectuse proprietary investment funds or investment options. The open architecture design shall allow the Treasurer to select the underlying investment options and investment funds. The open architecture design is intended toshall also provide the Treasurertreasurer with:

A) Accessaccess to best in class portfolio managers;

B) Thethe ability to use nonproprietary products;

C) Increasedincreased flexibility when choosing underlying investment strategies; and

D) Thethe ability to minimize account ownerobtain the lowest participant fees onfor underlying investment funds and accounts.

ILLINOIS REGISTER 2065 21 OFFICE OF THE STATE TREASURER

NOTICE OF ADOPTED AMENDMENTS

3) Various Investment Options – The Pool'spool's investment options may include, but are not limited to:

A) Dynamic, dynamic age-based portfolio;s,

B) Staticstatic portfolios with varying target allocations (i.e., aggressive, moderate or conservative risk profiles);, and

C) Individualindividual fund portfolios., that

4) The portfolios listed in subsection (c)(3) may include some or all of the following asset categories:

A) Short-term investments (i.e., money market funds);

B) Fixed income investments;

C) Real estate investments;

D) Domestic equity investments; and

E) International equity investments.

d) No participant or designated beneficiary may, directly or indirectly, cause the investment of any contributions to an account or any earnings on an account to be made to any investment option other than one currently offered to the participants. The investment selection may be changed by the participant, provided it is in accordance with section 529 of the Code.

(Source: Amended at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.60 ContributionsRecord Keeping

a) Contributions may be made only in cash. Cash contributions may be made by check, money order, electronic transfer, payroll contribution, wire transfer, or similar methods allowed by the Code.

ILLINOIS REGISTER 2066 21 OFFICE OF THE STATE TREASURER

NOTICE OF ADOPTED AMENDMENTS

b) The Pool shall have no requirement on minimum contributions, and donors may make contributions at any time. Contributions shall not be allowed once a designated beneficiary has reached the account balance limit determined in accordance with Section 2500.90.

c) Contributions may be made by the account owner or any other person. No person other than the account owner may direct the investment and distribution of contributions to an account (or earnings thereon).

d) An account owner may, directly or indirectly, direct the investment of any contributions to the Pool (or any earnings thereon), only as provided in section 529(b)(4) of the Code. Donors and designated beneficiaries, in those capacities, may not, directly or indirectly, direct the investment of any contributions to the Pool (or any earnings thereon).The Treasurer shall maintain records that enable the Treasurer to produce a report for each account in the pool, at least annually, that documents the account balance and investment earnings. There shall be a separate accounting for each account and contributions to each account and any earnings attributable to the account must be allocated to the appropriate account. The Treasurer shall provide, or cause to be provided, to each participant and to the participating financial institution at which the account was processed, at least annually, an account statement showing the total account balance, the investment in the account, and earnings and distributions from the account.

(Source: Amended at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.70 DistributionsWithdrawals

a) Distributions made from an account in the Pool may be made directly to the eligible educational institution, directly to a vendor, in the form of a check payable to both the designated beneficiary and the institution or vendor, directly to the designated beneficiary or account owner, or in any other manner that is permissible under section 529 of the Code. [15 ILCS 505/16.5(i)]There shall be no penalty assessed for withdrawals for qualified expenses, withdrawals for expenses other than qualified expenses upon the death or disability of the designated beneficiary in accordance with the provisions of section 529 of the Code, withdrawals for the attendance by the beneficiary at a U.S. military academy, withdrawals included in income only because the qualified education expenses were taken into account in determining the applicable credit allowed under section 529(c)(3)(v) of the Code, or for withdrawals for expenses other than

ILLINOIS REGISTER 2067 21 OFFICE OF THE STATE TREASURER

NOTICE OF ADOPTED AMENDMENTS

qualified expenses if the designated beneficiary receives a scholarship (or allowance or payment described in section 135(d)(1)(b) or (c) of the Code) that equals or exceeds the distribution. In addition, no penalty shall be assessed on a transfer from an account of a designated beneficiary to an account of another designated beneficiary who is a member of the family of the preceding designated beneficiary. Also, no penalty shall be assessed on a distribution from an account of a designated beneficiary that is deposited within 60 days after the distribution into the original account or an account of another designated beneficiary that is a member of the family of the preceding designated beneficiary. "Member of family" is defined in section 529(e) of the Code.

b) Funds contained in an account in the Pool may be rolled over into other eligible Illinois programs, including an eligible ABLE account (see 15 ILCS 505/16.6), to the extent permitted by section 529 of the Code.The Treasurer shall implement practices and procedures to identify whether a distribution is a qualified withdrawal under section 529 of the Code and notify appropriate State and federal agencies if the distribution is non-qualified. These practices and procedures shall meet the safe harbor requirements under section 529 of the Code and the regulations promulgated under that statute.

c) The Treasurer shall comply with all reporting requirements regarding distributions under section 529 of the Code.

(Source: Amended at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.80 Administrative Fees, Costs, and Expenses

a) Administrative fees, costs, and expenses shall be paid from the Pool's assets to cover the costs of administration, recordkeeping, and investment management, and payments to third parties. The administrative fees, costs, and expenses shall be imposed on accounts.Administrative expenses shall be paid from earnings and shall be allocated among the pool's underlying investment portfolios in an equitable manner determined by the Treasurer. Investment earnings in excess of the administrative expenses of the pool, after the payment of expenses, shall be credited or paid monthly to participants in the pool in a manner that equitably reflects the differing amounts of their respective investments in the pool and the differing periods of time for which those amounts were in the custody of the pool, and shall be allocated among the pool's underlying investment portfolios in a manner equitably determined by the Treasurer.

ILLINOIS REGISTER 2068 21 OFFICE OF THE STATE TREASURER

NOTICE OF ADOPTED AMENDMENTS

b) The Treasurer must use his or her best efforts to keep these fees as low as possible and consistent with administration of high quality competitive college savings programs. [15 ILCS 505/16.5(e)]In the event that the Treasurer is obligated to pay administrative expenses of the pool, but the pool has insufficient earnings to make that payment, the obligation to pay the administrative expenses may accrue, but the Treasurer shall not pay the administrative expenses until the pool has sufficient earnings to support the payment.

c) Administrative fees, costs, and expenses shall include sufficient reserve funds in line with industry standards for government operated funds.

d) The Treasurer may permit a third-party service provider to provide compensation to participating financial institutions or other financial services providers that promote the Poolpool to their customers, provided that the cost of the compensation is not passed on to account ownersparticipants without their consent.

(Source: Amended at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.90 Account Limits

a) The Treasurer shall limit the contributions that may be made to the Pool on behalf of a designated beneficiary to prevent contributions in excess of those necessary to provide for the qualified expenses of the designated beneficiary.As provided in subsection (b), the Treasurer shall limit the contributions that may be made on behalf of a designated beneficiary. The account balance limit will be reflected on the Treasurer's website or in another form that provides adequate notice to account owners. The account balance limit shall be the same for all accounts of designated beneficiaries with the same expected year of enrollment and may be the same forall accounts in the pool. No donorparticipant may make a contribution to an account for a designated beneficiary if that contribution would cause the aggregate balance of all accounts for the designated beneficiary in State of Illinois section 529 programs to exceed the account balance limit established by the Treasurer. For purposes of the account balance limit, the aggregate balance shall be comprised of all accounts under all section 529 of the Code qualified tuition programs in the State of Illinois for a particular designated beneficiary. An account may only exceed the account balance limit in the event that investment earnings or interest accrue after the last permitted contribution.

ILLINOIS REGISTER 2069 21 OFFICE OF THE STATE TREASURER

NOTICE OF ADOPTED AMENDMENTS

The Treasurer may, from time to time, adjust the account balancecontribution limit annually and will provide reasonable notice to the account owners in advance of any adjustment.

b) Account Balance Limit Calculation When adjusting the account balance limit, the Treasurer will consider the following:

1) EstimatesWhen adjusting the account balance limit, the Treasurer will use estimates of tuition, fees, books, supplies, equipment, and room and board as set forth in the cost of attendance for an undergraduate, graduate and professional degree from at least 12 eligible educational institutions, including at least two public and two private eligible educational institutions of higher education reasonably believed to havebe the highest cost qualified expenses in:

A) Illinois;

B) the Midwest; and

C) nationally.

2) The guidance available from the United States Treasury and the Internal Revenue Service on how an account balance limit may be determined to provide adequate safeguards to prevent contributions on behalf of a designated beneficiary in excess of those necessary to provide for the qualified expenses of the designated beneficiary.Thus, the Treasurer will utilize the estimated costs from no less than 12 institutions of higher education.

(Source: Amended at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.100 Debt

a) The Poolpool may not incur any indebtedness. The interests of the account ownersparticipants and the designated beneficiaries shall not be treated as indebtedness under this Section.

b) No interest in the Pool, or any portion of the Pool, may be used as security for a

ILLINOIS REGISTER 2070 21 OFFICE OF THE STATE TREASURER

NOTICE OF ADOPTED AMENDMENTS

loan.

(Source: Amended at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.110 Program Documents

In order to establish and administer the Poolpool, the Treasurer may enter into all necessary agreements, documents and instruments with terms and provisions that shall not be inconsistent with the Act, section 529 of the Code and anythe regulations promulgated under the Code, or this Part.

(Source: Amended at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.120 Private Contractors (Repealed)

The Treasurer may select one or more entities to assist the Treasurer in managing the pool. However, the Treasurer shall set all terms and conditions of the pool. The Treasurer shall be responsible for selecting, supervising, monitoring, auditing and terminating any private contractor that provides services under the pool. The Treasurer shall hold any such private contractors to the same standards and requirements that apply when private contractors handle funds that belong to the State.

(Source: Repealed at 45 Ill. Reg. 2052, effective January 29, 2021)

Section 2500.130 Amendment of Rules (Repealed)

Notice of any proposed amendments to the rules and regulations shall be provided to all participants prior to adoption. Amendments to rules and regulations shall apply only to contributions made after the adoption of the amendment. [15 ILCS 505/16.5]

(Source: Repealed at 45 Ill. Reg. 2052, effective January 29, 2021)

ILLINOIS REGISTER 2071 21 DEPARTMENT OF AGRICULTURE

NOTICE OF EMERGENCY AMENDMENT

1) Heading of the Part: Illinois Pesticide Act

2) Code Citation: 8 Ill. Adm. Code 250

3) Section Number: Emergency Action: 250.230 New Section

4) Statutory Authority: Implementing and authorized by the Illinois Pesticide Act [415 ILCS 60].

5) Effective Date of Emergency Rule: February 5, 2021

6) If this emergency rule is to expire before the end of the 150-day period, please specify the date on which it is to expire: This rulemaking will not expire prior to the 150 day period.

7) Date Filed with the Index Department: February 5, 2021

8) A copy of the emergency rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: In October 2020, USEPA announced that it had renewed the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA") registrations for three dicamba pesticides for growing seasons 2021–2025. Contrary to prior practice, USEPA further declared that the only way for states to add additional safety restrictions is through Section 24(a) of FIFRA, which allows a state to make changes through its rulemaking.

These additional restrictions are necessary to protect the public interest, safety, and welfare. Over the past 2 years, the Department has received over 800 complaints from the public indicating potential damage to their property from Dicamba misuse. Since applicators may begin applying pesticides containing Dicamba as early as March, this emergency situation requires adoption of these rules upon fewer days than is required by Section 5-40 of the Illinois Administrative Procedure Act. It is essential to the public's general health and welfare that pesticides be regulated to prevent adverse effects on man and his environment.

10) A Complete Description of the Subjects and Issues Involved: The emergency rulemaking allows the Department to impose additional safety restrictions for applications of pesticides containing Dicamba.

ILLINOIS REGISTER 2072 21 DEPARTMENT OF AGRICULTURE

NOTICE OF EMERGENCY AMENDMENT

11) Are there any rulemakings to this Part pending? No

12) Statement of Statewide Policy Objective: This emergency rule does not create or enlarge any State mandate.

13) Information and questions regarding this emergency rule shall be directed to:

John Teefey General Counsel Illinois Department of Agriculture State Fairgrounds, P. O. Box 19281 Springfield IL 62794-9281

217/782-9013 fax: 217/785-4505

The full text of the Emergency Amendment begins on the next page:

ILLINOIS REGISTER 2073 21 DEPARTMENT OF AGRICULTURE

NOTICE OF EMERGENCY AMENDMENT

TITLE 8: AGRICULTURE AND ANIMALS CHAPTER I: DEPARTMENT OF AGRICULTURE SUBCHAPTER i: PESTICIDE CONTROL

PART 250 ILLINOIS PESTICIDE ACT

Section 250.10 Definitions 250.20 Registration of Pesticide Dealers Selling Restricted Use Pesticides or Certain Non-Restricted Use Pesticides 250.30 Registration of Pesticides 250.40 Registration of Experimental Use Pesticides 250.50 Registration of Special Local Need Pesticides 250.60 Emergency Exemption Registration 250.70 Method of Becoming Certified Applicators 250.80 Private Pesticide Applicators: Certification, Licensing, Testing and Training 250.90 Commercial Applicator, Commercial Not For Hire Applicator and Public Applicator: Certification, Testing and Licensing 250.100 Licensed Operator (Commercial Operator, Commercial Not For Hire Operator and Public Operator): Testing and Licensing 250.110 General Competency Standards to be Covered on the Tests 250.120 Technical Category Areas of Pesticide Use 250.130 Surety Bond or Liability Insurance 250.140 Interagency Committee on Pesticides 250.150 Record Keeping 250.160 Permits 250.170 Administrative Hearing 250.180 Administrative Penalties 250.190 Formulation Violations of Label Claim 250.200 Reporting of Pesticide Incidents or Misuse Complaints 250.210 Special Application of Solid Mosquito Larvicides 250.220 Special Application of Herbicides to Control Invasive Plants on Public Lands 250.230 Use of Pesticides Containing Dicamba on Soybeans EMERGENCY

AUTHORITY: Implementing and authorized by the Illinois Pesticide Act [415 ILCS 60].

ILLINOIS REGISTER 2074 21 DEPARTMENT OF AGRICULTURE

NOTICE OF EMERGENCY AMENDMENT

SOURCE: Adopted at 5 Ill. Reg. 732, effective January 6, 1981; codified at 5 Ill. Reg. 10527; amended at 6 Ill. Reg. 3071, effective March 8, 1982; amended at 8 Ill. Reg. 855, effective January 5, 1984; amended at 8 Ill. Reg. 16407, effective August 29, 1984; amended at 10 Ill. Reg. 7663, effective April 28, 1986; amended at 12 Ill. Reg. 12784, effective July 26, 1988; amended at 24 Ill. Reg. 7191, effective April 27, 2000; emergency amendment at 26 Ill. Reg. 13093, effective August 14, 2002, for a maximum of 150 days; emergency amendment expired January 10, 2003; amended at 27 Ill. Reg. 5715, effective March 18, 2003; amended at 30 Ill. Reg. 12756, effective July 14, 2006; amended at 35 Ill. Reg. 351, effective January 1, 2011; emergency amendment at 43 Ill. Reg. 4340, effective March 22, 2019, for a maximum of 150 days; amended at 43 Ill. Reg. 7402, effective June 21, 2019; emergency amendment at 45 Ill. Reg. 2071, effective February 5, 2021, for a maximum of 150 days.

Section 250.230 Use of Pesticides Containing Dicamba on Soybeans EMERGENCY

In addition to the requirements of the federally-approved labels, all use on soybeans of pesticides containing dicamba shall comply with the following requirements:

a) Temperature Restriction A pesticide containing dicamba shall not be applied on soybeans if the air temperature at the field at the time of application is over 85 degrees Fahrenheit or if the National Weather Service's forecasted high temperature for the nearest available location for the day of application exceeds 85 degrees Fahrenheit. Local National Weather Service forecasts are available at https://www.weather.gov.

b) Cut-off Date Restriction Application on soybeans of a pesticide containing dicamba shall not be made after June 20 of each year.

c) Before applying a pesticide containing dicamba on soybeans, the applicator shall consult the FieldWatch sensitive crop registry (https://www.fieldwatch.com) and comply with all associated recordkeeping and label requirements.

d) Application on soybeans of a pesticide containing dicamba shall not be made if the wind is blowing toward:

1) Any Illinois Nature Preserves Commission site that is adjacent to the field of application; or

ILLINOIS REGISTER 2075 21 DEPARTMENT OF AGRICULTURE

NOTICE OF EMERGENCY AMENDMENT

2) An adjacent residential area. e) Any violation of the requirements of this Section shall be considered a use contrary to label directions (precautionary statements, sites, rates, restricted use requirements) and shall be assessed the associated point value of 3 (see Section 24.1(4)(E)(1) of the Illinois Pesticide Act [415 ILCS 60]) for purposes of determining the appropriate administrative action or penalty authorized by Section 24.1 of the Act.

(Source: Added by emergency rulemaking at 45 Ill. Reg. 2071, effective February 5, 2021, for a maximum of 150 days)

ILLINOIS REGISTER 2076 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) Heading of the Part: Assisted Living and Shared Housing Establishment Code

2) Code Citation: 77 Ill. Adm. Code 295

3) Section Number: Emergency Action: 295.4046 Amendment

4) Statutory Authority: Assisted Living and Shared Housing Act [210 ILCS 9]

5) Effective Date of Rule: January 27, 2021

6) If this emergency rule is to expire before the end of the 150-day period, please specify the date on which it is to expire: This emergency amendment will expire at the end of the 150-day period or upon repeal of the emergency rule.

7) Date Filed with the Index Department: January 27, 2021

8) A copy of the emergency rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: This emergency amendment is adopted in response to Governor JB Pritzker's Gubernatorial Disaster Proclamations issued during 2020 related to COVID- 19.

Section 5-45 of the Illinois Administrative Procedure Act [5 ILCS 100/5-45] defines "emergency" as "the existence of any situation that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare." The COVID-19 outbreak in Illinois is a significant public health crisis that warrants these emergency rules.

10) A Complete Description of the Subjects and Issues Involved: This emergency amendment to the emergency rule adopted at 45 Ill. Reg. 384 updates the deadlines for frontline clinical and management staff to complete the targeted COVID-19 training. The emergency amendment requires 50% of the frontline and management staff at shared housing and assisted living facilities to complete the training by February 28, 2021, and 100% to complete the training by March 31, 2021. The deadline for training all new frontline and management staff hired after January 31, 2021, remains the same.

11) Are there any other rulemakings pending on this Part? No

ILLINOIS REGISTER 2077 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

12) Statement of Statewide Policy Objective: This rulemaking will not create or expand a State mandate.

13) Information and questions regarding this emergency rule shall be directed to:

Elizabeth Paton Acting Rules Coordinator Division of Legal Services Illinois Department of Public Health 535 W. Jefferson St., 5th floor Springfield IL 62761

217/782-2043 [email protected]

The full text of this Emergency Amendment to Emergency Rule begins on the next page:

ILLINOIS REGISTER 2078 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER c: LONG-TERM CARE FACILITIES

PART 295 ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE

SUBPART A: GENERAL PROVISIONS

Section 295.100 Purpose of the Act and this Part (Repealed) 295.200 Definitions 295.300 Incorporated and Referenced Materials EMERGENCY 295.400 License Requirement 295.500 Application for License 295.600 Issuance of an Initial Regular License 295.700 Issuance of a Renewal License 295.800 Probationary License 295.900 Denial of a License 295.1000 Revocation, Suspension, or Refusal to Renew a License 295.1010 Transfer of Ownership 295.1020 Information to Be Made Available to the Resident by the Licensee 295.1030 Information to Be Made Available to the Public by the Department 295.1040 Technical Infractions 295.1050 Violations 295.1060 Remedies and Sanctions 295.1070 Annual On-Site Review and Complaint Investigation Procedures 295.1080 Waivers 295.1090 Complaints 295.1100 Alzheimer's Disease and Related Dementias Special Care Disclosure 295.1110 Floating Licenses

SUBPART B: POLICIES

Section 295.2000 Residency Requirements 295.2010 Termination of Residency 295.2020 Notice of Closure

ILLINOIS REGISTER 2079 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

295.2030 Establishment Contracts 295.2040 Disaster Preparedness 295.2050 Incident and Accident Reporting 295.2060 Quality Improvement Program 295.2070 Negotiated Risk Agreement

SUBPART C: PERSONNEL

Section 295.3000 Personnel Requirements, Qualifications and Training 295.3010 Manager's Qualifications 295.3020 Employee Orientation and Ongoing Training 295.3030 Initial Health Evaluation for Direct Care and Food Service Employees 295.3040 Health Care Worker Background Check

SUBPART D: RESIDENT CARE AND SERVICES

Section 295.4000 Physician's Assessment 295.4010 Service Plan 295.4020 Mandatory Services 295.4030 Special Safety and Service Needs of Individuals Who Are Quadriplegic or Paraplegic, or Who Have Neuro-Muscular Diseases 295.4040 Communicable Disease Policies 295.4045 Infection Control EMERGENCY 295.4046 COVID-19 Training Requirements EMERGENCY 295.4050 Tuberculin Skin Test Procedures 295.4060 Alzheimer's and Dementia Programs

SUBPART E: MEDICATIONS

Section 295.5000 Medication Reminders, Supervision of Self-Medication, Medication Administration and Storage

SUBPART F: RESIDENT RIGHTS

ILLINOIS REGISTER 2080 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

Section 295.6000 Resident Rights 295.6010 Abuse, Neglect, and Financial Exploitation Prevention and Reporting 295.6030 Resident's Representative

SUBPART G: RESIDENT AND ESTABLISHMENT RECORDS

Section 295.7000 Resident Records 295.7010 Establishment Records

SUBPART H: FOOD SERVICE

Section 295.8000 Food Service

SUBPART I: PHYSICAL PLANT AND ENVIRONMENTAL REQUIREMENTS

Section 295.9000 Physical Plant 295.9005 Units 295.9010 Supplemental Physical Plant Requirements for Assisted Living Establishments 295.9020 Supplemental Physical Plant Requirements for Shared Housing Establishments 295.9030 Furnishings 295.9040 Environmental Requirements

295.APPENDIX A Physician's Assessment Form 295.TABLE A Heat Index Table/Apparent Temperature

AUTHORITY: Implementing and authorized by the Assisted Living and Shared Housing Act [210 ILCS 9].

SOURCE: Adopted at 25 Ill. Reg. 14401, effective December 1, 2001; emergency amendment at 27 Ill. Reg. 6378, effective April 1, 2003, for a maximum of 150 days; emergency expired August 28, 2003; amended at 27 Ill. Reg. 18087, effective November 12, 2003; amended at 28 Ill. Reg. 14593, effective October 21, 2004; amended at 32 Ill. Reg. 7968, effective May 12, 2008; amended at 36 Ill. Reg. 13632, effective August 16, 2012; amended at 39 Ill. Reg. 11484, effective July 31, 2015; emergency amendment at 44 Ill. Reg. 8515, effective May 5, 2020, for a maximum of 150 days; emergency rule repealed at 44 Ill. Reg. 16258, effective September 15,

ILLINOIS REGISTER 2081 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

2020; emergency amendment at 44 Ill. Reg. 18960, effective November 19, 2020, for a maximum of 150 days; emergency amendment at 45 Ill. Reg. 384, effective December 18, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 45 Ill. Reg. 2076, effective January 27, 2021, for the remainder of the 150 days.

SUBPART D: RESIDENT CARE AND SERVICES

Section 295.4046 COVID-19 Training Requirements EMERGENCY

a) Definitions. For the purposes of this Section, the following terms have the meanings ascribed in this subsection (a):

1) "CMMS Training" means CMMS Targeted COVID-19 Training for Frontline Nursing Home Staff and Management, available at https://QSEP.cms.gov.

2) "Frontline clinical staff" means the medical director of the establishment, establishment treating physicians, registered nurses, licensed practical nurses, certified nurse assistants, psychiatric service rehabilitation aides, rehabilitation therapy aides, psychiatric services rehabilitation coordinators, assistant directors of nursing, directors of nursing, social service directors, and any licensed physical, occupational or speech therapists. Any consultants, contractors, volunteers, students in any training programs, and caregivers who provide, engage in, or administer direct care and services to residents on behalf of the establishment are also considered frontline clinical staff.

3) "Management staff" means any establishment staff who:

A) Assign and direct nursing activities;

B) Oversee comprehensive assessment of residents' medical needs and care planning;

C) Recommend numbers and levels of nursing personnel;

D) Plan nursing service budgeting;

ILLINOIS REGISTER 2082 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

E) Develop standards of nursing practice;

F) Supervise in-service education and skill training for all personnel; or

G) Participate in the screening of prospective residents and resident placement. b) Required Frontline Clinical Staff Training

1) All frontline staff employed by establishments shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting; and

E) Module 5: Caring for Residents with Dementia in a Pandemic.

2) Establishments shall ensure at least 50% of frontline clinical staff have completed the CMMS Training by February 28January 31, 2021.

3) Establishments shall ensure 100% of the frontline clinical staff have completed the CMMS Training by March 31February 28, 2021.

4) Establishments shall require, within 14 days after hiring, CMMS Training for all frontline clinical staff hired after January 31, 2021. c) Required Management Staff Training

1) All management staff employed by establishments shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

ILLINOIS REGISTER 2083 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting;

E) Module 5: Caring for Residents with Dementia in a Pandemic;

F) Module 6: Infection Prevention and Control;

G) Module 7: Emergency Preparedness and Surge Capacity;

H) Module 8: Addressing Emotional Health of Residents and Staff;

I) Module 9: Telehealth for Nursing Homes; and

J) Module 10: Getting Your Vaccine Delivery System Ready.

2) Establishments shall ensure at least 50% of management staff have completed the CMMS Training by February 28January 31, 2021.

3) Establishments shall ensure 100% of management staff have completed the CMMS Training by March 31February 28, 2021.

4) Establishments shall require, within 14 days after hiring, CMMS Training for all management staff hired after January 31, 2021. d) By February 28January 31, 2021, all establishments shall certify compliance, in the form and format specified by the Department, with subsections (b)(2) and (c)(2). e) By March 31February 28, 2021, all establishments shall certify compliance, in the form and format specified by the Department, with subsections (b)(3) and (c)(3).

(Source: Added by emergency rulemaking at 45 Ill. Reg. 384, effective December 18, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule at 45 Ill. Reg. 2076, effective January 27, 2021, for the remainder of the 150 days)

ILLINOIS REGISTER 2084 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) Heading of the Part: Sheltered Care Facilities Code

2) Code Citation: 77 Ill. Adm. Code 330

3) Section Number: Emergency Action: 330.800 Amendment

4) Statutory Authority: Nursing Home Care Act [210 ILCS 45]

5) Effective Date of Rule: January 27, 2021

7) Date Filed with the Index Department: January 27, 2021

8) A copy of the emergency rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: This emergency amendment is adopted in response to Governor JB Pritzker's Gubernatorial Disaster Proclamations issued during 2020 related to COVID- 19.

10) A Complete Description of the Subjects and Issues Involved: This emergency amendment to the emergency rule adopted at 45 Ill. Reg. 411 updates the deadlines for frontline clinical and management staff to complete the targeted COVID-19 training. The emergency amendment requires 50% of the frontline and management staff at sheltered care facilities to complete the training by February 28, 2021, and 100% to complete the training by March 31, 2021. The deadline for training all new frontline and management staff hired after January 31, 2021, remains the same.

11) Are there any other rulemakings pending on this Part? No

ILLINOIS REGISTER 2085 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

12) Statement of Statewide Policy Objective: This rulemaking will not create or expand a State mandate.

13) Information and questions regarding this emergency rule shall be directed to:

Elizabeth Paton Acting Rules Coordinator Division of Legal Services Illinois Department of Public Health 535 W. Jefferson St., 5th floor Springfield IL 62761

217/782-2043 [email protected]

The full text of this Emergency Amendment to Emergency Rule begins on the next page:

ILLINOIS REGISTER 2086 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER c: LONG-TERM CARE FACILITIES

PART 330 SHELTERED CARE FACILITIES CODE

SUBPART A: GENERAL PROVISIONS

Section 330.110 General Requirements 330.120 Application for License 330.130 Licensee 330.140 Issuance of an Initial License For a New Facility 330.150 Issuance of an Initial License Due to a Change of Ownership 330.160 Issuance of a Renewal License 330.163 Alzheimer's Special Care Disclosure 330.165 Criteria for Adverse Licensure Actions 330.170 Denial of Initial License 330.175 Denial of Renewal of License 330.180 Revocation of License 330.190 Experimental Program Conflicting With Requirements 330.200 Inspections, Surveys, Evaluations and Consultation 330.210 Filing an Annual Attested Financial Statement 330.220 Information to be Made Available to the Public By the Department 330.230 Information to be Made Available to the Public By the Licensee 330.240 Municipal Licensing 330.250 Ownership Disclosure 330.260 Issuance of Conditional Licenses 330.270 Monitoring and Receivership 330.271 Presentation of Findings 330.272 Determination to Issue a Notice of Violation or Administrative Warning 330.274 Determination of the Level of a Violation 330.276 Notice of Violation 330.277 Administrative Warning 330.278 Plans of Correction 330.280 Reports of Correction 330.282 Conditions for Assessment of Penalties 330.284 Calculation of Penalties (Repealed)

ILLINOIS REGISTER 2087 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

330.286 Notice of Penalty Assessment; Response by Facility 330.287 Consideration of Factors for Assessing Penalties 330.288 Reduction or Waiver of Penalties 330.290 Quarterly List of Violators (Repealed) 330.300 Alcoholism Treatment Programs In Long-Term Care Facilities 330.310 Department May Survey Facilities Formerly Licensed 330.315 Supported Congregate Living Arrangement Demonstration 330.320 Waivers 330.330 Definitions 330.340 Incorporated and Referenced Materials EMERGENCY

SUBPART B: ADMINISTRATION

Section 330.510 Administrator

SUBPART C: POLICIES

Section 330.710 Resident Care Policies 330.715 Request for Resident Criminal History Record Information 330.720 Admission and Discharge Policies 330.724 Criminal History Background Checks for Persons Who Were Residents on May 10, 2006 (Repealed) 330.725 Identified Offenders 330.726 Discharge Planning for Identified Offenders 330.727 Transfer of an Identified Offender 330.730 Contract Between Resident and Facility 330.740 Residents' Advisory Council 330.750 General Policies 330.760 Personnel Policies 330.761 Whistleblower Protection 330.765 Initial Health Evaluation for Employees 330.770 Disaster Preparedness 330.780 Incidents and Accidents 330.785 Contacting Local Law Enforcement 330.790 Infection Control EMERGENCY

ILLINOIS REGISTER 2088 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

330.795 Language Assistance Services 330.800 COVID-19 Training Requirements EMERGENCY

SUBPART D: PERSONNEL

Section 330.910 Personnel 330.911 Health Care Worker Background Check 330.913 Nursing and Personal Care Assistants (Repealed) 330.916 Student Interns (Repealed) 330.920 Consultation Services 330.930 Personnel Policies

SUBPART E: HEALTH SERVICES AND MEDICAL CARE OF RESIDENTS

Section 330.1110 Medical Care Policies 330.1120 Personal Care 330.1125 Life Sustaining Treatments 330.1130 Communicable Disease Policies 330.1135 Tuberculin Skin Test Procedures 330.1140 Care and Treatment of Sexual Assault Survivors 330.1145 Restraints 330.1150 Emergency Use of Physical Restraints 330.1155 Unnecessary, Psychotropic, and Antipsychotic Drugs 330.1160 Vaccinations

SUBPART F: RESTORATIVE SERVICES

Section 330.1310 Activity Program 330.1320 Work Programs 330.1330 Written Policies for Restorative Services 330.1340 Volunteer Program

SUBPART G: MEDICATIONS

Section

ILLINOIS REGISTER 2089 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

330.1510 Medication Policies 330.1520 Administration of Medication 330.1530 Labeling and Storage of Medications

SUBPART H: RESIDENT AND FACILITY RECORDS

Section 330.1710 Resident Record Requirements 330.1720 Content of Medical Records 330.1730 Records Pertaining to Residents' Property 330.1740 Retention and Transfer of Resident Records 330.1750 Other Resident Record Requirements 330.1760 Retention of Facility Records 330.1770 Other Facility Record Requirements

SUBPART I: FOOD SERVICE

Section 330.1910 Director of Food Services 330.1920 Dietary Staff in Addition to Director of Food Services 330.1930 Hygiene of Dietary Staff 330.1940 Diet Orders 330.1950 Meal Planning 330.1960 Therapeutic Diets (Repealed) 330.1970 Scheduling of Meals 330.1980 Menus and Food Records 330.1990 Food Preparation and Service 330.2000 Food Handling Sanitation 330.2010 Kitchen Equipment, Utensils, and Supplies

SUBPART J: MAINTENANCE, HOUSEKEEPING AND LAUNDRY

Section 330.2210 Maintenance 330.2220 Housekeeping 330.2230 Laundry Services

SUBPART K: FURNISHINGS, EQUIPMENT, AND SUPPLIES

ILLINOIS REGISTER 2090 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

Section 330.2410 Furnishings 330.2420 Equipment and Supplies

SUBPART L: WATER SUPPLY AND SEWAGE DISPOSAL

Section 330.2610 Codes 330.2620 Water Supply 330.2630 Sewage Disposal 330.2640 Plumbing

SUBPART M: DESIGN AND CONSTRUCTION STANDARDS FOR NEW SHELTERED CARE FACILITIES

Section 330.2810 Applicable Requirements (Repealed) 330.2820 Applicability of These Standards 330.2830 Submission of a Program Narrative 330.2840 New Constructions, Additions, Conversions, and Alterations 330.2850 Preparation and Submission of Drawings and Specifications 330.2860 First Stage Drawings 330.2870 Second Stage Drawings 330.2880 Architectural Drawings 330.2890 Structural Drawings 330.3000 Mechanical Drawings 330.3010 Electrical Drawings 330.3020 Additions to Existing Structures 330.3030 Specifications 330.3040 Building Codes 330.3050 Site 330.3060 General Building Requirements 330.3070 Administration 330.3080 Corridors 330.3090 Bath and Toilet Rooms 330.3100 Living, Dining, Activity Rooms 330.3110 Bedrooms 330.3120 Special Care Room 330.3130 Kitchen

ILLINOIS REGISTER 2091 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

330.3140 Laundry 330.3150 Housekeeping, Service, and Storage 330.3160 Plumbing 330.3170 Heating and Cooling 330.3180 Electrical

SUBPART N: FIRE PROTECTION STANDARDS FOR NEW SHELTERED CARE FACILITIES

Section 330.3310 Applicable Requirements (Repealed) 330.3320 Applicability of These Standards 330.3330 Fire Protection 330.3340 Fire Department Service and Water Supply 330.3350 General Building Requirements 330.3360 Exit Facilities and Subdivision of Floor Areas 330.3370 Stairways, Vertical Openings, and Doorways 330.3380 Corridors 330.3390 Exit Lights and Directional Signs 330.3400 Hazardous Areas and Combustible Storage 330.3410 Fire Alarm and Detection System 330.3420 Fire Extinguishers, Electric Wiring, and Miscellaneous 330.3430 Use of Fire Extinguishers, Evacuation Plan, and Fire Drills

SUBPART O: DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING SHELTERED CARE FACILITIES

Section 330.3610 Site 330.3620 General Building Requirements 330.3630 Administration 330.3640 Corridors 330.3650 Bath and Toilet Rooms 330.3660 Living, Dining, and Activity Rooms 330.3670 Bedrooms 330.3680 Special Care Room 330.3690 Kitchen 330.3700 Laundry Room 330.3710 Housekeeping and Service Rooms and Storage Space

ILLINOIS REGISTER 2092 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

330.3720 Plumbing and Heating 330.3730 Electrical

SUBPART P: FIRE PROTECTION STANDARDS FOR EXISTING SHELTERED CARE FACILITIES

Section 330.3910 Fire Protection 330.3920 Fire Department Service and Water Supply 330.3930 Occupancy and Fire Areas 330.3940 Exit Facilities and Subdivision of Floor Areas 330.3950 Stairways, Vertical Openings, and Doorways 330.3960 Exit and Fire Escape Lights and Directional Signs 330.3970 Hazardous Areas and Combustible Storage 330.3980 Fire Alarm and Detection System 330.3990 Fire Extinguishers, Electric Wiring, and Miscellaneous 330.4000 Use of Fire Extinguishers, Evacuation Plan, and Fire Drills

SUBPART Q: RESIDENT'S RIGHTS

Section 330.4210 General 330.4220 Medical Care 330.4230 Restraints (Repealed) 330.4240 Abuse and Neglect 330.4250 Communication and Visitation 330.4260 Resident's Funds 330.4270 Residents' Advisory Council 330.4280 Contract With Facility 330.4290 Private Right of Action 330.4300 Transfer or Discharge 330.4310 Complaint Procedures 330.4320 Confidentiality 330.4330 Facility Implementation

SUBPART R: DAY CARE PROGRAMS

Section 330.4510 Day Care in Long-Term Care Facilities

ILLINOIS REGISTER 2093 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

330.APPENDIX A Interpretation, Components, and Illustrative Services for Sheltered Care Facilities (Repealed) 330.APPENDIX B Classification of Distinct Part of a Facility For Different Levels of Service (Repealed) 330.APPENDIX C Forms for Day Care in Long-Term Care Facilities 330.APPENDIX D Criteria for Activity Directors Who Need Only Minimal Consultation (Repealed) 330.APPENDIX E Guidelines for the Use of Various Drugs 330.TABLE A Heat Index Table/Apparent Temperature

AUTHORITY: Implementing and authorized by the Nursing Home Care Act [210 ILCS 45].

SOURCE: Emergency rules adopted at 4 Ill. Reg. 10, p. 807, effective March 1, 1980, for a maximum of 150 days; adopted at 4 Ill. Reg. 30, p. 933, effective July 28, 1980; amended at 6 Ill. Reg. 5981, effective May 3, 1982; amended at 6 Ill. Reg. 8198, effective June 29, 1982; amended at 6 Ill. Reg. 14547, effective November 8, 1982; amended at 6 Ill. Reg. 14681, effective November 15, 1982; amended at 7 Ill. Reg. 1963, effective January 28, 1983; amended at 7 Ill. Reg. 6973, effective May 17, 1983; amended at 7 Ill. Reg. 15825, effective November 15, 1983; amended at 8 Ill. Reg. 15596, effective August 15, 1984; amended at 8 Ill. Reg. 15941, effective August 17, 1984; codified at 8 Ill. Reg. 19790; amended at 8 Ill. Reg. 24241, effective November 28, 1984; amended at 8 Ill. Reg. 24696, effective December 7, 1984; amended at 9 Ill. Reg. 2952, effective February 25, 1985; amended at 9 Ill. Reg. 10974, effective July 1, 1985; amended at 11 Ill. Reg. 16879, effective October 1, 1987; amended at 12 Ill. Reg. 1017, effective December 24, 1987; amended at 12 Ill. Reg. 16870, effective October 1, 1988; emergency amendment at 12 Ill. Reg. 18939, effective October 24, 1988, for a maximum of 150 days; emergency expired March 23, 1989; amended at 13 Ill. Reg. 6562, effective April 17, 1989; amended at 13 Ill. Reg. 19580, effective December 1, 1989; amended at 14 Ill. Reg. 14928, effective October 1, 1990; amended at 15 Ill. Reg. 516, effective January 1, 1991; amended at 16 Ill. Reg. 651, effective January 1, 1992; amended at 16 Ill. Reg. 14370, effective September 3, 1992; emergency amendment at 17 Ill. Reg. 2405, effective February 3, 1993, for a maximum of 150 days; emergency expired on July 3, 1993; emergency amendment at 17 Ill. Reg. 8000, effective May 6, 1993, for a maximum of 150 days; emergency expired on October 3, 1993; amended at 17 Ill. Reg. 15089, effective September 3, 1993; amended at 17 Ill. Reg. 16180, effective January 1, 1994; amended at 17 Ill. Reg. 19258, effective October 26, 1993; amended at 17 Ill. Reg. 19576, effective November 4, 1993; amended at 17 Ill. Reg. 21044, effective November 20, 1993; amended at 18 Ill. Reg. 1475, effective January 14, 1994; amended at 18 Ill. Reg. 15851, effective October 15, 1994; amended at 19 Ill. Reg. 11567, effective July 29, 1995; emergency amendment at 20 Ill. Reg. 552, effective January 1, 1996, for a maximum of 150

ILLINOIS REGISTER 2094 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE days; emergency expired on May 29, 1996; amended at 20 Ill. Reg. 10125, effective July 15, 1996; amended at 20 Ill. Reg. 12160, effective September 10, 1996; amended at 22 Ill. Reg. 4078, effective February 13, 1998; amended at 22 Ill. Reg. 7203, effective April 15, 1998; amended at 22 Ill. Reg. 16594, effective September 18, 1998; amended at 23 Ill. Reg. 1085, effective January 15, 1999; amended at 23 Ill. Reg. 8064, effective July 15, 1999; amended at 24 Ill. Reg. 17304, effective November 1, 2000; amended at 25 Ill. Reg. 4901, effective April 1, 2001; amended at 26 Ill. Reg. 4859, effective April 1, 2002; amended at 26 Ill. Reg. 10559, effective July 1, 2002; emergency amendment at 27 Ill. Reg. 2202, effective February 1, 2003, for a maximum of 150 days; emergency expired June 30, 2003; emergency amendment at 27 Ill. Reg. 5473, effective March 25, 2003, for a maximum of 150 days; emergency expired August 21, 2003; amended at 27 Ill. Reg. 5886, effective April 1, 2003; emergency amendment at 27 Ill. Reg. 14218, effective August 15, 2003, for a maximum of 150 days; emergency expired January 11, 2004; amended at 27 Ill. Reg. 15880, effective September 25, 2003; amended at 27 Ill. Reg. 18130, effective November 15, 2003; expedited correction at 28 Ill. Reg. 3541, effective November 15, 2003; amended at 28 Ill. Reg. 11195, effective July 22, 2004; emergency amendment at 29 Ill. Reg. 11879, effective July 12, 2005, for a maximum of 150 days; emergency rule modified in response to JCAR Recommendation at 29 Ill. Reg. 15156, effective September 23, 2005, for the remainder of the maximum 150 days; emergency amendment expired December 8, 2005; amended at 29 Ill. Reg. 12891, effective August 2, 2005; amended at 30 Ill. Reg. 1439, effective January 23, 2006; amended at 30 Ill. Reg. 5260, effective March 2, 2006; amended at 31 Ill. Reg. 6072, effective April 3, 2007; amended at 31 Ill. Reg. 8828, effective June 6, 2007; amended at 33 Ill. Reg. 9371, effective June 17, 2009; amended at 34 Ill. Reg. 19199, effective November 23, 2010; amended at 35 Ill. Reg. 3415, effective February 14, 2011; amended at 35 Ill. Reg. 11513, effective June 29, 2011; amended at 37 Ill. Reg. 2315, effective February 4, 2013; amended at 37 Ill. Reg. 4970, effective March 29, 2013; amended at 39 Ill. Reg. 5470, effective March 25, 2015; amended at 41 Ill. Reg. 14826, effective November 15, 2017; amended at 43 Ill. Reg. 3551, effective February 28, 2019; emergency amendment at 44 Ill. Reg. 8536, effective May 5, 2020, for a maximum of 150 days; emergency repeal of emergency rule at 44 Ill. Reg. 16279, effective September 15, 2020; emergency amendment at 44 Ill. Reg. 18972, effective November 19, 2020, for a maximum of 150 days; emergency amendment at 45 Ill. Reg. 411, effective December 18, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 45 Ill. Reg. 2084, effective January 27, 2021, for the remainder of the 150 days.

SUBPART C: POLICIES

Section 330.800 COVID-19 Training Requirements EMERGENCY

ILLINOIS REGISTER 2095 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE a) Definitions. For the purposes of this Section, the following terms have the meanings ascribed in this subsection (a):

1) "CMMS Training" means CMMS Targeted COVID-19 Training for Frontline Nursing Home Staff and Management, available at https://QSEP.cms.gov.

2) "Frontline clinical staff" means the medical director of the facility, facility treating physicians, registered nurses, licensed practical nurses, certified nurse assistants, psychiatric service rehabilitation aides, rehabilitation therapy aides, psychiatric services rehabilitation coordinators, assistant directors of nursing, directors of nursing, social service directors, and any licensed physical, occupational or speech therapists. Any consultants, contractors, volunteers, students in any training programs, and caregivers who provide, engage in, or administer direct care and services to residents on behalf of the facility are also considered frontline clinical staff.

3) "Management staff" means any facility staff who:

A) Assign and direct nursing activities;

B) Oversee comprehensive assessment of residents' medical needs and care planning;

C) Recommend numbers and levels of nursing personnel;

D) Plan nursing service budgeting;

E) Develop standards of nursing practice;

F) Supervise in-service education and skill training for all personnel; or

G) Participate in the screening of prospective residents and resident placement. b) Required Frontline Clinical Staff Training

ILLINOIS REGISTER 2096 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) All frontline staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting; and

E) Module 5: Caring for Residents with Dementia in a Pandemic.

2) Facilities shall ensure at least 50% of frontline clinical staff have completed the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of the frontline clinical staff have completed the CMMS Training by March 31February 28, 2021.

4) Facilities shall require, within 14 days after hiring, CMMS Training for all frontline clinical staff hired after January 31, 2021. c) Required Management Staff Training

1) All management staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting;

E) Module 5: Caring for Residents with Dementia in a Pandemic;

F) Module 6: Infection Prevention and Control;

ILLINOIS REGISTER 2097 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

G) Module 7: Emergency Preparedness and Surge Capacity;

H) Module 8: Addressing Emotional Health of Residents and Staff;

I) Module 9: Telehealth for Nursing Homes; and

J) Module 10: Getting Your Vaccine Delivery System Ready.

2) Facilities shall ensure at least 50% of management staff have completed the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of management staff have completed the CMMS Training by March 31February 28, 2021.

4) Facilities shall require, within 14 days after hiring, CMMS Training for all management staff hired after January 31, 2021. d) By February 28January 31, 2021, all facilities shall certify compliance, in the form and format specified by the Department, with subsections (b)(2) and (c)(2). e) By March 31February 28, 2021, all facilities shall certify compliance, in the form and format specified by the Department, with subsections (b)(3) and (c)(3).

(Source: Added by emergency rulemaking at 45 Ill. Reg. 411, effective December 18, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule at 45 Ill. Reg. 2084, effective January 27, 2021, for the remainder of the 150 days)

ILLINOIS REGISTER 2098 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) Heading of the Part: Illinois Veterans' Homes Code

2) Code Citation: 77 Ill. Adm. Code 340

3) Section Number: Emergency Action: 340.1390 Amendment

4) Statutory Authority: Nursing Home Care Act [210 ILCS 45]

5) Effective Date of Rule: January 27, 2021

7) Date Filed with the Index Department: January 27, 2021

8) A copy of the emergency rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: This emergency rule is adopted in response to Governor JB Pritzker's Gubernatorial Disaster Proclamations issued during 2020 related to COVID-19.

10) A Complete Description of the Subjects and Issues Involved: This emergency amendment to the emergency rule adopted at 45 Ill. Reg. 425 updates the deadlines for frontline clinical and management staff to complete the targeted COVID-19 training. The emergency amendment requires 50% of the frontline and management staff at veterans' homes to complete the training by February 28, 2021, and 100% to complete the training by March 31, 2021. The deadline for training all new frontline and management staff hired after January 31, 2021, remains the same.

11) Are there any other rulemakings pending on this Part? No

ILLINOIS REGISTER 2099 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

12) Statement of Statewide Policy Objective: This rulemaking will not create or expand a State mandate.

13) Information and questions regarding this emergency rule shall be directed to:

Elizabeth Paton Acting Rules Coordinator Division of Legal Services Illinois Department of Public Health 535 W. Jefferson St., 5th floor Springfield IL 62761

217/782-2043 [email protected]

The full text of this Emergency Amendment to Emergency Rule begins on the next page:

ILLINOIS REGISTER 2100 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER c: LONG-TERM CARE FACILITIES

PART 340 ILLINOIS VETERANS' HOMES CODE

SUBPART A: GENERAL PROVISIONS

Section 340.1000 Definitions 340.1010 Incorporated and Referenced Materials EMERGENCY 340.1110 General Requirements 340.1115 Federal Veterans' Regulations 340.1120 Application for License 340.1125 Alzheimer's Special Care Disclosure 340.1130 Criteria for Adverse Licensure Actions 340.1140 Denial of Initial License 340.1150 Revocation or Denial of Renewal of License 340.1160 Inspections, Surveys, Evaluations, and Consultations 340.1170 Presentation of Findings by the Department 340.1190 Ownership Disclosure 340.1200 Monitor and Receivership 340.1210 Determination of a Violation 340.1220 Determination of the Level of a Violation 340.1225 Administrative Warning 340.1230 Plans of Correction and Reports of Correction 340.1240 Calculation of Penalties (Repealed) 340.1245 Conditions for Assessment of Penalties 340.1250 Reduction or Waiver of Penalties 340.1255 Supported Congregate Living Arrangement Demonstration 340.1260 Waivers

SUBPART B: POLICIES AND FACILITY RECORDS

Section 340.1300 Facility Policies 340.1305 Request for Resident Criminal History Record Information

ILLINOIS REGISTER 2101 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

340.1310 Admission, Retention and Discharge Policies 340.1314 Criminal History Background Checks for Persons Who Were Residents on May 10, 2006 (Repealed) 340.1315 Identified Offenders 340.1316 Discharge Planning for Identified Offenders 340.1317 Transfer of an Identified Offender 340.1320 Disaster Preparedness 340.1330 Incidents and Accidents 340.1335 Infection Control EMERGENCY 340.1340 Facility Record Requirements 340.1350 Personnel Policies 340.1351 Whistleblower Protection 340.1360 Initial Health Evaluation for Employees 340.1370 Administrator 340.1375 Personnel Requirements 340.1376 Registry of Certified Nursing Assistants 340.1377 Health Care Worker Background Check 340.1378 Resident Attendants 340.1380 Contacting Local Law Enforcement 340.1390 COVID-19 Training Requirements EMERGENCY

SUBPART C: RESIDENT RIGHTS

Section 340.1400 Implementation of Resident Rights and Facility Responsibilities 340.1410 General 340.1420 Contract Between Resident and Facility 340.1430 Residents' Advisory Council 340.1440 Abuse and Neglect 340.1450 Communication and Visitation 340.1460 Resident's Funds 340.1470 Transfer or Discharge 340.1480 Complaint Procedures 340.1490 Private Right of Action

SUBPART D: HEALTH SERVICES

ILLINOIS REGISTER 2102 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

Section 340.1500 Medical Care Policies 340.1505 Medical, Nursing and Restorative Services 340.1510 Communicable Disease Policies 340.1520 Tuberculin Skin Test Procedures 340.1530 Physician Services 340.1535 Dental Programs 340.1540 Life-Sustaining Treatments 340.1550 Obstetrical and Gynecological Care 340.1560 Nursing Personnel 340.1570 Personal Care 340.1575 Care and Treatment of Sexual Assault Survivors 340.1580 Restraints 340.1590 Nonemergency Use of Physical Restraints 340.1600 Emergency Use of Physical Restraints 340.1610 Unnecessary, Psychotropic, and Antipsychotic Drugs 340.1620 Medication Administration (Repealed) 340.1630 Self-Administration of Medication (Renumbered) 340.1640 Vaccinations 340.1645 Language Assistance Services

SUBPART E: MEDICATIONS

Section 340.1650 Medication Policies and Procedures 340.1655 Compliance with Licensed Prescriber's Orders 340.1660 Administration of Medication 340.1665 Control of Medication 340.1670 Labeling and Storage of Medication 340.1675 Self-Administration of Medication

SUBPART F: RESIDENT LIVING SERVICES

Section 340.1700 Recreational and Activity Programs 340.1710 Social Services 340.1720 Work Programs 340.1730 Volunteer Program

ILLINOIS REGISTER 2103 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

SUBPART G: RESIDENT RECORDS

Section 340.1800 Resident Record Requirements 340.1810 Content of Medical Records 340.1820 Records Pertaining to Resident's Property 340.1830 Retention, Transfer, and Inspection of Records 340.1840 Confidentiality of Resident's Records

SUBPART H: FOOD SERVICE

Section 340.1900 Food Service Staff 340.1910 Diet Orders 340.1920 Meal Planning 340.1930 Therapeutic Diets (Repealed) 340.1940 Menus and Food Records 340.1950 Food Preparation and Service 340.1960 Kitchen Equipment, Utensils and Supplies

SUBPART I: PHYSICAL PLANT SERVICES, FURNISHINGS, EQUIPMENT AND SUPPLIES

Section 340.2000 Maintenance 340.2010 Water Supply, Sewage Disposal and Plumbing 340.2020 Housekeeping 340.2030 Laundry Services 340.2040 Furnishings 340.2050 Equipment and Supplies

340.TABLE A Heat Index Table/Apparent Temperature 340.TABLE B Guidelines for the Use of Various Drugs

AUTHORITY: Implementing and authorized by the Nursing Home Care Act [210 ILCS 45].

SOURCE: Emergency rule adopted at 18 Ill. Reg. 10391, effective June 21, 1994, for a maximum of 150 days; emergency rule expired November 18, 1994; adopted at 19 Ill. Reg. 5679, effective April 3, 1995; emergency amendment at 20 Ill. Reg. 496, effective January 1,

ILLINOIS REGISTER 2104 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1996, for a maximum of 150 days; emergency expired May 29, 1996; amended at 20 Ill. Reg. 10045, effective July 15, 1996; amended at 20 Ill. Reg. 12013, effective September 10, 1996; amended at 22 Ill. Reg. 3959, effective February 13, 1998; amended at 22 Ill. Reg. 7162, effective April 15, 1998; amended at 23 Ill. Reg. 1038, effective January 15, 1999; amended at 23 Ill. Reg. 7931, effective July 15, 1999; amended at 24 Ill. Reg. 17225, effective November 1, 2000; amended at 25 Ill. Reg. 4869, effective April 1, 2001; amended at 26 Ill. Reg. 4870, effective April 1, 2002; amended at 26 Ill. Reg. 10589, effective July 1, 2002; emergency amendment at 27 Ill. Reg. 2222, effective February 1, 2003, for a maximum of 150 days; emergency expired June 30, 2003; amended at 27 Ill. Reg. 5903, effective April 1, 2003; emergency amendment at 27 Ill. Reg. 14230, effective August 15, 2003, for a maximum of 150 days; emergency expired January 11, 2004; amended at 27 Ill. Reg. 15904, effective September 25, 2003; amended at 27 Ill. Reg. 18148, effective November 15, 2003; amended at 28 Ill. Reg. 11209, effective July 22, 2004; emergency amendment at 29 Ill. Reg. 11931, effective July 12, 2005, for a maximum of 150 days; emergency rule modified in response to JCAR Recommendation at 29 Ill. Reg. 15208, effective September 23, 2005, for the remainder of the maximum 150 days; emergency amendment expired December 8, 2005; amended at 29 Ill. Reg. 12924, effective August 2, 2005; amended at 30 Ill. Reg. 1452, effective January 23, 2006; amended at 30 Ill. Reg. 5303, effective March 2, 2006; amended at 31 Ill. Reg. 6098, effective April 3, 2007; amended at 31 Ill. Reg. 8841, effective June 6, 2007; amended at 33 Ill. Reg. 9384, effective June 17, 2009; amended at 34 Ill. Reg. 19214, effective November 23, 2010; amended at 35 Ill. Reg. 3442, effective February 14, 2011; amended at 35 Ill. Reg. 11596, effective June 29, 2011; amended at 37 Ill. Reg. 2330, effective February 4, 2013; amended at 37 Ill. Reg. 4983, effective March 29, 2013; amended at 39 Ill. Reg. 5482, effective March 25, 2015; amended at 42 Ill. Reg. 1132, effective January 5, 2018; emergency amendment at 44 Ill. Reg. 8548, effective May 5, 2020, for a maximum of 150 days; emergency repeal of emergency rule at 44 Ill. Reg. 16291, effective September 15, 2020; emergency amendment at 44 Ill. Reg. 18994, effective November 19, 2020, for a maximum of 150 days; emergency amendment at 45 Ill. Reg. 425, effective December 18, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 45 Ill. Reg. 2098, effective January 27, 2021, for the remainder of the 150 days.

SUBPART B: POLICIES AND FACILITY RECORDS

Section 340.1390 COVID-19 Training Requirements EMERGENCY

a) Definitions. For the purposes of this Section, the following terms have the meanings ascribed in this subsection (a):

ILLINOIS REGISTER 2105 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) "CMMS Training" means CMMS Targeted COVID-19 Training for Frontline Nursing Home Staff and Management, available at https://QSEP.cms.gov.

3) "Management staff" means any facility staff who:

A) Assign and direct nursing activities;

B) Oversee comprehensive assessment of residents' medical needs and care planning;

C) Recommend numbers and levels of nursing personnel;

D) Plan nursing service budgeting;

E) Develop standards of nursing practice;

F) Supervise in-service education and skill training for all personnel; or

G) Participate in the screening of prospective residents and resident placement. b) Required Frontline Clinical Staff Training

1) All frontline staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

ILLINOIS REGISTER 2106 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting; and

E) Module 5: Caring for Residents with Dementia in a Pandemic.

2) Facilities shall ensure at least 50% of frontline clinical staff have completed the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of the frontline clinical staff have completed the CMMS Training by March 31February 28, 2021.

4) Facilities shall require, within 14 days after hiring, CMMS Training for all frontline clinical staff hired after January 31, 2021. c) Required Management Staff Training

1) All management staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting;

E) Module 5: Caring for Residents with Dementia in a Pandemic;

F) Module 6: Infection Prevention and Control;

G) Module 7: Emergency Preparedness and Surge Capacity;

H) Module 8: Addressing Emotional Health of Residents and Staff;

ILLINOIS REGISTER 2107 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

I) Module 9: Telehealth for Nursing Homes; and

J) Module 10: Getting Your Vaccine Delivery System Ready.

2) Facilities shall ensure at least 50% of management staff have completed the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of management staff have completed the CMMS Training by March 31February 28, 2021.

(Source: Added by emergency rulemaking at 45 Ill. Reg. 425, effective December 18, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule at 45 Ill. Reg. 2098, effective January 27, 2021, for the remainder of the 150 days)

ILLINOIS REGISTER 2108 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) Heading of the Part: Intermediate Care for the Developmentally Disabled Facilities Code

2) Code Citation: 77 Ill. Adm. Code 350

3) Section Number: Emergency Action: 350.770 Amendment

4) Statutory Authority: ID/DD Community Care Act [210 ILCS 47]

5) Effective Date of Rule: January 27, 2021

7) Date Filed with the Index Department: January 27, 2021

8) A copy of the emergency rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: This emergency amendment is adopted in response to Governor JB Pritzker's Gubernatorial Disaster Proclamations issued during 2020 related to COVID- 19.

10) A Complete Description of the Subjects and Issues Involved: This emergency amendment to the emergency rule adopted at 45 Ill. Reg. 435 updates the deadlines for frontline clinical and management staff to complete the targeted training. The emergency amendment requires 50% of the frontline and management staff at ID/DD facilities to complete the training by February 28, 2020, and 100% to complete the training by March 31, 2021. The requirements for all new frontline and management staff hired after January 31, 2021 remains the same.

11) Are there any other rulemakings pending on this Part? No

ILLINOIS REGISTER 2109 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

12) Statement of Statewide Policy Objective: This rulemaking will not create or expand a State mandate.

13) Information and questions regarding this emergency rule shall be directed to:

Elizabeth Paton Acting Rules Coordinator Division of Legal Services Illinois Department of Public Health 535 W. Jefferson St., 5th floor Springfield IL 62761

217/782-2043 [email protected]

The full text of this Emergency Amendment to Emergency Rule begins on the next page:

ILLINOIS REGISTER 2110 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER c: LONG-TERM CARE FACILITIES

PART 350 INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE

SUBPART A: GENERAL PROVISIONS

Section 350.2 COVID-19 Emergency Provisions for Licenses and Inspections EMERGENCY 350.110 General Requirements 350.120 Application for License 350.130 Licensee 350.140 Issuance of an Initial License for a New Facility 350.150 Issuance of an Initial License Due to a Change of Ownership 350.160 Issuance of a Renewal License 350.165 Criteria for Adverse Licensure Actions 350.170 Denial of Initial License 350.175 Denial of Renewal of License 350.180 Revocation of License 350.190 Experimental Program Conflicting With Requirements 350.200 Inspections, Surveys, Evaluations and Consultation 350.210 Filing an Annual Attested Financial Statement 350.220 Information to Be Made Available to the Public By the Department 350.230 Information to Be Made Available to the Public By the Licensee 350.240 Municipal Licensing 350.250 Ownership Disclosure 350.260 Issuance of Conditional Licenses 350.270 Monitor and Receivership 350.271 Presentation of Findings 350.272 Determination to Issue a Notice of Violation or Administrative Warning 350.274 Determination of the Level of a Violation 350.276 Notice of Violation 350.277 Administrative Warning 350.278 Plans of Correction 350.280 Reports of Correction 350.282 Conditions for Assessment of Penalties

ILLINOIS REGISTER 2111 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

350.284 Calculation of Penalties 350.286 Determination to Assess Penalties 350.288 Reduction or Waiver of Penalties 350.290 Quarterly List of Violators (Repealed) 350.300 Alcoholism Treatment Programs In Long-Term Care Facilities 350.310 Department May Survey Facilities Formerly Licensed 350.315 Supported Congregate Living Arrangement Demonstration 350.320 Waivers 350.330 Definitions 350.340 Incorporated and Referenced Materials EMERGENCY

SUBPART B: ADMINISTRATION

Section 350.510 Administrator

SUBPART C: POLICIES

Section 350.610 Management Policies 350.620 Resident Care Policies 350.625 Determination of Need Screening and Request for Resident Criminal History Record Information 350.630 Admission, Retention and Discharge Policies 350.634 Criminal History Background Checks for Persons Who Were Residents on May 10, 2006 350.635 Identified Offenders 350.636 Discharge Planning for Identified Offenders 350.637 Transfer of an Identified Offender 350.640 Contract Between Resident and Facility 350.650 Residents' Advisory Council 350.660 General Policies 350.670 Personnel Policies 350.675 Initial Health Evaluation for Employees 350.680 Developmental Disabilities Aides 350.681 Health Care Worker Background Check 350.682 Resident Attendants 350.683 Registry of Developmental Disabilities Aides

ILLINOIS REGISTER 2112 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

350.685 Student Interns 350.690 Disaster Preparedness 350.700 Incidents and Accidents 350.750 Contacting Local Law Enforcement 350.760 Infection Control EMERGENCY 350.770 COVID-19 Training Requirements EMERGENCY

SUBPART D: PERSONNEL

Section 350.810 Personnel 350.820 Consultation Services 350.830 Personnel Policies (Repealed)

SUBPART E: RESIDENT LIVING SERVICES

Section 350.1010 Service Programs 350.1020 Psychological Services 350.1030 Social Services 350.1040 Speech Pathology and Audiology Services 350.1050 Recreational and Activities Services 350.1055 Volunteer Program 350.1060 Training and Habilitation Services 350.1070 Training and Habilitation Staff 350.1080 Restraints 350.1082 Nonemergency Use of Physical Restraints 350.1084 Emergency Use of Physical Restraints 350.1086 Unnecessary, Psychotropic, and Antipsychotic Drugs 350.1088 Language Assistance Services

SUBPART F: HEALTH SERVICES

Section 350.1210 Health Services 350.1220 Physician Services 350.1223 Communicable Disease Policies

ILLINOIS REGISTER 2113 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

350.1225 Tuberculin Skin Test Procedures 350.1230 Nursing Services 350.1235 Life-Sustaining Treatments 350.1240 Dental Services 350.1250 Physical and Occupational Therapy Services 350.1260 Vaccinations

SUBPART G: MEDICATIONS

Section 350.1410 Medication Policies and Procedures 350.1420 Compliance with Licensed Prescriber's Orders 350.1430 Administration of Medication 350.1440 Labeling and Storage of Medications 350.1450 Control of Medications

SUBPART H: RESIDENT AND FACILITY RECORDS

Section 350.1610 Resident Record Requirements 350.1620 Content of Medical Records 350.1630 Confidentiality of Resident's Records 350.1640 Records Pertaining to Residents' Property 350.1650 Retention and Transfer of Resident Records 350.1660 Other Resident Record Requirements 350.1670 Staff Responsibility for Medical Records 350.1680 Retention of Facility Records 350.1690 Other Facility Record Requirements

SUBPART I: FOOD SERVICE

Section 350.1810 Director of Food Services 350.1820 Dietary Staff in Addition to Director of Food Services 350.1830 Hygiene of Dietary Staff 350.1840 Diet Orders 350.1850 Meal Planning 350.1860 Therapeutic Diets (Repealed) 350.1870 Scheduling Meals

ILLINOIS REGISTER 2114 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

350.1880 Menus and Food Records 350.1890 Food Preparation and Service 350.1900 Food Handling Sanitation 350.1910 Kitchen Equipment, Utensils, and Supplies

SUBPART J: MAINTENANCE, HOUSEKEEPING AND LAUNDRY

Section 350.2010 Maintenance 350.2020 Housekeeping 350.2030 Laundry Services

SUBPART K: FURNISHINGS, EQUIPMENT, AND SUPPLIES

Section 350.2210 Furnishings 350.2220 Equipment and Supplies

SUBPART L: WATER SUPPLY AND SEWAGE DISPOSAL

Section 350.2410 Codes 350.2420 Water Supply 350.2430 Sewage Disposal 350.2440 Plumbing

SUBPART M: CONSTRUCTION STANDARDS FOR NEW INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED

Section 350.2610 Applicability of These Standards 350.2620 Codes and Standards 350.2630 Preparation of Drawings and Specifications 350.2640 Site 350.2650 Administration and Public Areas 350.2660 Nursing Unit 350.2670 Dining, Living, Activities Rooms 350.2680 Therapy and Personal Care 350.2690 Service Departments

ILLINOIS REGISTER 2115 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

350.2700 General Building Requirements 350.2710 Structural 350.2720 Mechanical Systems 350.2730 Plumbing Systems 350.2740 Electrical Systems

SUBPART N: CONSTRUCTION STANDARDS FOR EXISTING INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED

Section 350.2910 Applicability 350.2920 Codes and Standards 350.2930 Preparation of Drawings and Specifications 350.2940 Site 350.2950 Administration and Public Areas 350.2960 Nursing Unit 350.2970 Living, Dining, Activities Rooms 350.2980 Treatment and Personal Care 350.2990 Service Department 350.3000 General Building Requirements 350.3010 Structural 350.3020 Mechanical Systems 350.3030 Plumbing Systems 350.3040 Electrical Requirements

SUBPART O: RESIDENT'S RIGHTS

Section 350.3210 General 350.3220 Medical and Personal Care Program 350.3230 Restraints (Repealed) 350.3240 Abuse and Neglect 350.3250 Communication and Visitation 350.3260 Resident's Funds 350.3270 Residents' Advisory Council 350.3280 Contract With Facility 350.3290 Private Right of Action 350.3300 Transfer or Discharge 350.3310 Complaint Procedures

ILLINOIS REGISTER 2116 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

350.3320 Confidentiality 350.3330 Facility Implementation

SUBPART P: SPECIAL STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED OF 16 BEDS OR LESS

Section 350.3710 Applicability of Other Provisions of this Part 350.3720 Administration 350.3730 Admission and Discharge Policies 350.3740 Personnel 350.3750 Consultation Services and Nursing Services 350.3760 Medication Policies 350.3770 Food Services 350.3780 Codes and Standards 350.3790 Administration and Public Areas 350.3800 Bedrooms 350.3810 Nurses Station 350.3820 Bath and Toilet Rooms 350.3830 Utility Rooms 350.3840 Living, Dining, Activity Rooms 350.3850 Therapy and Personal Care 350.3860 Kitchen 350.3870 Laundry Room 350.3880 General Building Requirements 350.3890 Corridors 350.3900 Special Care Room 350.3910 Exit Facilities and Subdivision of Floor Areas 350.3920 Stairways, Vertical Openings and Doorways 350.3930 Hazardous Areas and Combustible Storage 350.3940 Mechanical Systems 350.3950 Heating, Cooling, and Ventilating Systems 350.3960 Plumbing Systems 350.3970 Electrical Systems 350.3980 Fire Alarm and Detection System 350.3990 Emergency Electrical System 350.4000 Fire Protection 350.4010 Construction Types 350.4020 Equivalencies

ILLINOIS REGISTER 2117 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

350.4030 New Construction Requirements

SUBPART Q: DAY CARE PROGRAMS

Section 350.4210 Day Care in Long-Term Care Facilities

350.APPENDIX A Classification of Distinct Part of a Facility for Different Levels of Service (Repealed) 350.APPENDIX B Federal Requirements Regarding Residents' Rights (Repealed) 350.APPENDIX C Seismic Zone Map 350.APPENDIX D Forms For Day Care in Long-Term Care Facilities 350.APPENDIX E Guidelines for the Use of Various Drugs 350.TABLE A Sound Transmission Limitations in New Intermediate Care Facilities for the Developmentally Disabled 350.TABLE B Pressure Relationships and Ventilation Rate of Certain Areas for the New Intermediate Care Facilities for the Developmentally Disabled 350.TABLE C Construction Types and Sprinkler Requirements for Existing Intermediate Care Facilities for the Developmentally Disabled 350.TABLE D Food Service Sanitation Rules, 77 Illinois Admin. Code 750, 1983 Applicable for New Intermediate Care Facilities for the Developmentally Disabled of 16 Beds or Less 350.TABLE E Construction Types and Sprinkler Requirements for New Intermediate Care Facilities for the Developmentally Disabled of Sixteen (16) Beds or Less 350.TABLE F Heat Index Table/Apparent Temperature

AUTHORITY: Implementing and authorized by the ID/DD Community Care Act [210 ILCS 47].

SOURCE: Emergency rules adopted at 4 Ill. Reg. 10, p. 495, effective March 1, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 30, p. 1, effective July 28, 1980; amended at 5 Ill. Reg. 1657, effective February 4, 1981; amended at 6 Ill. Reg. 5981, effective May 3, 1982; amended at 6 Ill. Reg. 6453, effective May 14, 1982; amended at 6 Ill. Reg. 8198, effective June 29, 1982; amended at 6 Ill. Reg. 14544, effective November 8, 1982; amended at 6 Ill. Reg. 14675, effective November 15, 1982; amended at 6 Ill. Reg. 15556, effective December 15, 1982; amended at 7 Ill. Reg. 278, effective December 22, 1982; amended at 7 Ill. Reg. 1919 and 1945, effective January 28, 1983; amended at 7 Ill. Reg. 7963, effective July 1, 1983; amended at 7 Ill. Reg. 15817, effective November 15, 1983; amended at 7 Ill. Reg. 16984, effective

ILLINOIS REGISTER 2118 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

December 14, 1983; amended at 8 Ill. Reg. 15574 and 15578 and 15581, effective August 15, 1984; amended at 8 Ill. Reg. 15935, effective August 17, 1984; amended at 8 Ill. Reg. 16980, effective September 5, 1984; codified at 8 Ill. Reg. 19806; amended at 8 Ill. Reg. 24214, effective November 29, 1984; amended at 8 Ill. Reg. 24680, effective December 7, 1984; amended at 9 Ill. Reg. 142, effective December 26, 1984; amended at 9 Ill. Reg. 331, effective December 28, 1984; amended at 9 Ill. Reg. 2964, effective February 25, 1985; amended at 9 Ill. Reg. 10876, effective July 1, 1985; amended at 11 Ill. Reg. 14795, effective October 1, 1987; amended at 11 Ill. Reg. 16830, effective October 1, 1987; amended at 12 Ill. Reg. 979, effective December 24, 1987; amended at 12 Ill. Reg. 16838, effective October 1, 1988; emergency amendment at 12 Ill. Reg. 18705, effective October 24, 1988, for a maximum of 150 days; emergency expired March 23, 1989; amended at 13 Ill. Reg. 6040, effective April 17, 1989; amended at 13 Ill. Reg. 19451, effective December 1, 1989; amended at 14 Ill. Reg. 14876, effective October 1, 1990; amended at 15 Ill. Reg. 466, effective January 1, 1991; amended at 16 Ill. Reg. 594, effective January 1, 1992; amended at 16 Ill. Reg. 13910, effective September 1, 1992; amended at 17 Ill. Reg. 2351, effective February 10, 1993; emergency amendment at 17 Ill. Reg. 2373, effective February 3, 1993, for a maximum of 150 days; emergency expired on July 3, 1993; emergency amendment at 17 Ill. Reg. 7948, effective May 6, 1993, for a maximum of 150 days; emergency expired on October 3, 1993; emergency amendment at 17 Ill. Reg. 9105, effective June 7, 1993, for a maximum of 150 days; emergency expired on November 4, 1993; amended at 17 Ill. Reg. 15056, effective September 3, 1993; amended at 17 Ill. Reg. 16153, effective January 1, 1994; amended at 17 Ill. Reg. 19210, effective October 26, 1993; amended at 17 Ill. Reg. 19517, effective November 4, 1993; amended at 17 Ill. Reg. 21017, effective November 20, 1993; amended at 18 Ill. Reg. 1432, effective January 14, 1994; amended at 18 Ill. Reg. 15789, effective October 15, 1994; amended at 19 Ill. Reg. 11481, effective July 29, 1995; emergency amendment at 20 Ill. Reg. 512, effective January 1, 1996, for a maximum of 150 days; emergency expired May 29, 1996; amended at 20 Ill. Reg. 10065, effective July 15, 1996; amended at 20 Ill. Reg. 12049, effective September 10, 1996; amended at 21 Ill. Reg. 14990, effective November 15, 1997; amended at 22 Ill. Reg. 4040, effective February 13, 1998; amended at 22 Ill. Reg. 7172, effective April 15, 1998; amended at 22 Ill. Reg. 16557, effective September 18, 1998; amended at 23 Ill. Reg. 1052, effective January 15, 1999; amended at 23 Ill. Reg. 7970, effective July 15, 1999; amended at 24 Ill. Reg. 17254, effective November 1, 2000; amended at 25 Ill. Reg. 4879, effective April 1, 2001; amended at 25 Ill. Reg. 6499, effective May 15, 2001; amended at 26 Ill. Reg. 4878, effective April 1, 2002; amended at 26 Ill. Reg. 10611, effective July 1, 2002; emergency amendment at 27 Ill. Reg. 2238, effective February 1, 2003, for a maximum of 150 days; emergency expired June 30, 2003; emergency amendment at 27 Ill. Reg. 5489, effective March 25, 2003, for a maximum of 150 days; emergency expired August 21, 2003; amended at 27 Ill. Reg. 5924, effective April 1, 2003; emergency amendment at 27 Ill. Reg. 14237, effective August 15, 2003, for a maximum of 150 days; emergency expired January 11, 2004; amended at 27 Ill. Reg. 15924, effective September 25, 2003; amended at 27

ILLINOIS REGISTER 2119 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

Ill. Reg. 18160, effective November 15, 2003; expedited correction at 28 Ill. Reg. 3552, effective November 15, 2003; amended at 28 Ill. Reg. 7653, effective May 24, 2004; amended at 28 Ill. Reg. 11217, effective July 22, 2004; emergency amendment at 29 Ill. Reg. 11971, effective July 12, 2005, for a maximum of 150 days; emergency rule modified in response to JCAR Recommendation at 29 Ill. Reg. 15247, effective September 23, 2005, for the remainder of the maximum 150 days; emergency expired December 8, 2005; amended at 29 Ill. Reg. 12954, effective August 2, 2005; amended at 30 Ill. Reg. 1460, effective January 23, 2006; amended at 30 Ill. Reg. 5338, effective March 2, 2006; amended at 30 Ill. Reg. 13876, effective August 7, 2006; amended at 31 Ill. Reg. 6119, effective April 3, 2007; amended at 31 Ill. Reg. 8850, effective June 6, 2007; amended at 33 Ill. Reg. 9393, effective June 17, 2009; amended at 34 Ill. Reg. 19224, effective November 23, 2010; amended at 35 Ill. Reg. 3461, effective February 14, 2011; amended at 39 Ill. Reg. 5490, effective March 25, 2015; amended at 42 Ill. Reg. 7950, effective April 30, 2018; emergency amendment at 44 Ill. Reg. 8555, effective May 5, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 16298, effective September 15, 2020, for the remainder of the 150 days; emergency rule as amended expired October 1, 2020; emergency amendment at 44 Ill. Reg. 16908, effective October 2, 2020, for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 19012, effective November 19, 2020, for a maximum of 150 days; emergency amendment at 45 Ill. Reg. 435, effective December 18, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 45 Ill. Reg. 2108, effective January 27, 2021, for the remainder of the 150 days.

SUBPART C: POLICIES

Section 350.770 COVID-19 Training Requirements EMERGENCY

a) Definitions. For the purposes of this Section, the following terms have the meanings ascribed in this subsection (a):

1) "CMMS Training" means CMMS Targeted COVID-19 Training for Frontline Nursing Home Staff and Management, available at https://QSEP.cms.gov.

2) "Frontline clinical staff" means registered nurses, licensed practical nurses, certified nurse assistants, psychiatric service rehabilitation aides, rehabilitation therapy aides, psychiatric services rehabilitation coordinators, assistant directors of nursing, directors of nursing, social service directors, and any licensed physical, occupational or speech therapists. Any consultants, contractors, volunteers, students in any

ILLINOIS REGISTER 2120 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

training programs, and caregivers who provide, engage in, or administer direct care and services to residents on behalf of the facility are also considered frontline clinical staff.

3) "Management staff" means any facility staff who:

A) Assign and direct nursing activities;

B) Oversee comprehensive assessment of residents' medical needs and care planning;

C) Recommend numbers and levels of nursing personnel;

D) Plan nursing service budgeting;

E) Develop standards of nursing practice;

F) Supervise in-service education and skill training for all personnel; or

G) Participate in the screening of prospective residents and resident placement. b) Required Frontline Clinical Staff Training

1) All frontline staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting; and

E) Module 5: Caring for Residents with Dementia in a Pandemic.

ILLINOIS REGISTER 2121 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

2) Facilities shall ensure at least 50% of frontline clinical staff have completed the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of the frontline clinical staff have completed the CMMS Training by March 31February 28, 2021.

4) Facilities shall require, within 14 days after hiring, CMMS Training for all frontline clinical staff hired after January 31, 2021. c) Required Management Staff Training

1) All management staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting;

E) Module 5: Caring for Residents with Dementia in a Pandemic;

F) Module 6: Infection Prevention and Control;

G) Module 7: Emergency Preparedness and Surge Capacity;

H) Module 8: Addressing Emotional Health of Residents and Staff;

I) Module 9: Telehealth for Nursing Homes; and

J) Module 10: Getting Your Vaccine Delivery System Ready.

2) Facilities shall ensure at least 50% of management staff have completed the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of management staff have completed the CMMS Training by March 31February 28, 2021.

ILLINOIS REGISTER 2122 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

(Source: Added by emergency rulemaking at 45 Ill. Reg. 435, effective December 18, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule at 45 Ill. Reg. 2108, effective January 27, 2021, for the remainder of the 150 days)

ILLINOIS REGISTER 2123 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) Heading of the Part: Community Living Facilities Code

2) Code Citation: 77 Ill. Adm. Code 370

3) Section Number: Emergency Action: 370.3 Amendment

4) Statutory Authority: Community Living Facilities Act [210 ILCS 35]

5) Effective Date of Rule: January 27, 2021

7) Date Filed with the Index Department: January 27, 2021

8) A copy of the emergency rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: This emergency amendment is adopted in response to Governor JB Pritzker's Gubernatorial Disaster Proclamations issued during 2020 related to COVID- 19.

10) A Complete Description of the Subjects and Issues Involved: This emergency amendment to the emergency rule adopted at 45 Ill. Reg. 450 updates the deadlines for frontline clinical and management staff to complete the targeted COVID-19 training. The emergency amendment requires 50% of the frontline and management staff at community living facilities to complete the training by February 28, 2021, and 100% to complete the training by March 31, 2021. The deadline for training for all new frontline and management staff hired after January 31, 2021, remains the same.

11) Are there any other rulemakings pending on this Part? No

ILLINOIS REGISTER 2124 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

12) Statement of Statewide Policy Objective: This rulemaking will not create or expand a State mandate.

13) Information and questions regarding this emergency rule shall be directed to:

Elizabeth Paton Acting Rules Coordinator Division of Legal Services Illinois Department of Public Health 535 W. Jefferson St., 5th floor Springfield IL 62761

217/782-2043 [email protected]

The full text of this Emergency Amendment to Emergency Rule begins on the next page:

ILLINOIS REGISTER 2125 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER c: LONG-TERM CARE FACILITIES

PART 370 COMMUNITY LIVING FACILITIES CODE

SUBPART A: GENERAL PROVISIONS

Section 370.1 Emergency Provisions – Incorporated and Referenced Materials EMERGENCY 370.2 Emergency Provisions – Infection Control EMERGENCY 370.3 COVID-19 Training Requirements EMERGENCY 370.110 General Requirements 370.120 Application for License 370.130 Licensee 370.140 Issuance of an Initial License for a New Facility 370.150 Issuance of an Initial License Due to a Change of Ownership 370.160 Issuance of a Renewal License 370.165 Alzheimer's Special Care Disclosure 370.170 Denial or Revocation 370.180 Experimental Program Conflicting With Requirements 370.190 Inspections 370.200 Information to Be Made Available to the Public By the Licensee 370.210 Ownership Disclosure 370.220 Variances 370.230 Alcoholism Treatment Programs In Community Living Facilities 370.240 Definitions

SUBPART B: ADMINISTRATION

Section 370.400 Administration

SUBPART C: POLICIES

ILLINOIS REGISTER 2126 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

Section 370.510 Social and Vocational Training Program Policies 370.520 Admission and Discharge Policies 370.530 Agreement Between Resident and Facility 370.540 General Policies 370.550 Personnel Policies

SUBPART D: PERSONNEL

Section 370.710 Personnel 370.715 Health Care Worker Background Check 370.720 Personnel Policies

SUBPART E: HEALTH MAINTENANCE SERVICES

Section 370.810 Medical Care Policies 370.820 Communicable Disease Policies 370.830 Behavior Emergencies 370.840 Medication Policies

SUBPART F: PROGRAM SERVICES

Section 370.1010 Program Evaluation 370.1020 Program and Services

SUBPART G: RECORDS

Section 370.1210 General 370.1220 Other Records 370.1230 Confidentiality

SUBPART H: FOOD SERVICE

Section 370.1410 Food Service

ILLINOIS REGISTER 2127 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

370.1420 Adequacy of Diet 370.1430 Therapeutic Diets 370.1440 Scheduling of Meals 370.1450 Food Preparation and Service 370.1460 Food Handling Sanitation 370.1470 Kitchen Equipment, Utensils and Supplies

SUBPART I: MAINTENANCE, HOUSEKEEPING AND LAUNDRY

Section 370.1610 Maintenance 370.1620 Housekeeping 370.1630 Laundry Services

SUBPART J: FURNISHINGS, EQUIPMENT AND SUPPLIES

Section 370.1810 Furnishings 370.1820 Equipment and Supplies

SUBPART K: WATER SUPPLY AND SEWAGE DISPOSAL

Section 370.2010 Codes 370.2020 Water Supply 370.2030 Sewage Disposal 370.2040 Plumbing

SUBPART L: DESIGN AND CONSTRUCTION STANDARDS FOR NEW COMMUNITY LIVING FACILITIES

Section 370.2210 Applicability of Standards 370.2220 Codes and Standards 370.2230 Preparation of Drawings and Specifications 370.2240 Site 370.2250 Administration 370.2260 Bedrooms 370.2270 Nurses' Station

ILLINOIS REGISTER 2128 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

370.2280 Bath and Toilet Rooms 370.2290 Living, Dining Room, and Activity Room(s) 370.2300 Kitchen 370.2310 Laundry Room 370.2320 Housekeeping and Storage 370.2330 Building General 370.2340 Exit Facilities and Subdivision of Floor Areas 370.2350 Stairways and Vertical Openings 370.2360 Hazardous Areas 370.2370 Structural 370.2380 Mechanical Systems 370.2390 Plumbing Systems 370.2400 Electrical Systems 370.2410 Fire Alarm and Detection System 370.2420 Emergency Electrical System 370.2430 Fire Protection

SUBPART M: DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES

Section 370.2610 Applicability of Standards 370.2620 Codes and Standards 370.2630 Preparation of Drawings and Specifications 370.2640 Site 370.2650 Administration and Public Areas 370.2660 Bedrooms 370.2670 Nurses' Station 370.2680 Bath and Toilet Rooms 370.2690 Living, Dining Room, and Activity Room(s) 370.2700 Kitchen 370.2710 Laundry Room 370.2720 Housekeeping and Storage 370.2730 Building General 370.2740 Exit Facilities and Subdivision of Floor Areas 370.2750 Stairways and Vertical Openings 370.2760 Hazardous Areas 370.2770 Structural 370.2780 Mechanical Systems

ILLINOIS REGISTER 2129 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

370.2790 Plumbing Systems 370.2800 Electrical Systems 370.2810 Fire Alarm and Detection System 370.2820 Emergency Electrical System 370.2830 Fire Protection

SUBPART N: RESIDENT'S RIGHTS

Section 370.3010 General 370.3020 Medical and Personal Care Program 370.3030 Restraints 370.3040 Abuse and Neglect 370.3050 Communication and Visitation 370.3060 Resident's Funds 370.3070 Private Right of Action 370.3080 Transfer and/or Discharge 370.3090 Complaint Procedures 370.3100 Confidentiality 370.3110 Facility Implementation

370.APPENDIX A Program Standards 370.APPENDIX B Sanitizing Solutions

AUTHORITY: Implementing and authorized by the Community Living Facilities Act [210 ILCS 35].

SOURCE: Emergency rules adopted at 6 Ill. Reg. 379, effective January 1, 1982, for a maximum of 150 days; adopted at 6 Ill. Reg. 6226, effective May 19, 1982; codified at 8 Ill. Reg. 19476; amended at 8 Ill. Reg. 24706, effective December 7, 1984; emergency amendment at 17 Ill. Reg. 9117, effective June 7, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 19509, effective November 1, 1993; emergency amendments at 20 Ill. Reg. 456, effective January 1, 1996, for a maximum of 150 days; emergency expired May 29, 1996; amended at 20 Ill. Reg. 9982, effective July 15, 1996; amended at 22 Ill. Reg. 3919, effective February 13, 1998; amended at 23 Ill. Reg. 993, effective January 15, 1999; amended at 24 Ill. Reg. 17182, effective November 1, 2000; amended at 26 Ill. Reg. 11982, effective July 31, 2002; emergency amendment at 27 Ill. Reg. 7953, effective April 30, 2003, for a maximum of 150 days; emergency expired September 26, 2003; amended at 27 Ill. Reg. 18183, effective November 12, 2003; amended at 31 Ill. Reg. 192, effective December 21, 2006; emergency amendment at 44

ILLINOIS REGISTER 2130 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

Ill. Reg. 19038, effective November 19, 2020, for a maximum of 150 days; emergency amendment at 45 Ill. Reg. 450, effective December 18, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 45 Ill. Reg. 2123, effective January 27, 2021, for the remainder of the 150 days.

SUBPART A: GENERAL PROVISIONS

Section 370.3 COVID-19 Training Requirements EMERGENCY

a) Definitions. For the purposes of this Section, the following terms have the meanings ascribed in this subsection (a):

1) "CMMS Training" means CMMS Targeted COVID-19 Training for Frontline Nursing Home Staff and Management, available at https://QSEP.cms.gov.

3) "Management staff" means any facility staff who:

A) Assign and direct nursing activities;

B) Oversee comprehensive assessment of residents' medical needs and care planning;

C) Recommend numbers and levels of nursing personnel;

D) Plan nursing service budgeting;

E) Develop standards of nursing practice;

ILLINOIS REGISTER 2131 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

F) Supervise in-service education and skill training for all personnel; or

G) Participate in the screening of prospective residents and resident placement. b) Required Frontline Clinical Staff Training

1) All frontline staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting; and

E) Module 5: Caring for Residents with Dementia in a Pandemic.

2) Facilities shall ensure at least 50% of frontline clinical staff have completed the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of the frontline clinical staff have completed the CMMS Training by March 31February 28, 2021.

4) Facilities shall require, within 14 days after hiring, CMMS Training for all frontline clinical staff hired after January 31, 2021. c) Required Management Staff Training

1) All management staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

ILLINOIS REGISTER 2132 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting;

E) Module 5: Caring for Residents with Dementia in a Pandemic;

F) Module 6: Infection Prevention and Control;

G) Module 7: Emergency Preparedness and Surge Capacity;

H) Module 8: Addressing Emotional Health of Residents and Staff;

I) Module 9: Telehealth for Nursing Homes; and

J) Module 10: Getting Your Vaccine Delivery System Ready.

2) Facilities shall ensure at least 50% of management staff have completed the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of management staff have completed the CMMS Training by March 31February 28, 2021.

(Source: Added by emergency rulemaking at 45 Ill. Reg. 450, effective December 18, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule at 45 Ill. Reg. 2123, effective January 27, 2021, for the remainder of the 150 days)

ILLINOIS REGISTER 2133 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) Heading of the Part: Specialized Mental Health Rehabilitation Facilities Code

2) Code Citation: 77 Ill. Adm. Code 380

3) Section Number: Emergency Action: 380.642 Amendment

4) Statutory Authority: Specialized Mental Health Rehabilitation Act of 2013 [210 ILCS 49]

5) Effective Date of Rule: January 27, 2021

7) Date Filed with the Index Department: January 27, 2021

8) A copy of the emergency rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: This emergency amendment is adopted in response to Governor JB Pritzker's Gubernatorial Disaster Proclamations issued during 2020 related to COVID- 19.

10) A Complete Description of the Subjects and Issues Involved: This emergency amendment to the emergency rule adopted at 45 Ill. Reg. 461 updates the deadlines for frontline clinical and management staff to complete the targeted COVID-19 training. The emergency amendment requires that 50% of the frontline and management staff at specialized mental health rehabilitation facilities to complete the training by February 28, 2021, and 100% to complete the training by March 31, 2021. The deadline for training for all new frontline and management staff hired after January 31, 2021, remains the same.

ILLINOIS REGISTER 2134 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

11) Are there any other rulemakings pending on this Part? No

12) Statement of Statewide Policy Objective: This rulemaking will not create or expand a State mandate.

13) Information and questions regarding this emergency rule shall be directed to:

Elizabeth Paton Acting Rules Coordinator Division of Legal Services Illinois Department of Public Health 535 W. Jefferson St., 5th floor Springfield IL 62761

217/782-2043 [email protected]

The full text of this Emergency Amendment to Emergency Rule begins on the next page:

ILLINOIS REGISTER 2135 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER c: LONG-TERM CARE FACILITIES

PART 380 SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES CODE

SUBPART A: GENERAL PROVISIONS

Section 380.100 Definitions 380.110 Incorporated and Referenced Materials EMERGENCY 380.120 Applicability and General Requirements 380.130 Staff Qualifications and Training Requirements 380.140 Consumer Rights and Choices 380.150 Informed Consent 380.160 Restraints and Therapeutic Separation 380.170 Consumer Background Checks 380.180 Identified Offenders 380.190 Consumer Records 380.200 Assessment, Level of Service Determination, and Authorization 380.210 Individualized Treatment Plan 380.220 Transfer or Discharge

SUBPART B: SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES PROGRAMS

Section 380.300 Triage Centers 380.310 Crisis Stabilization Units 380.320 Recovery and Rehabilitation Supports Centers 380.330 Transitional Living Units

SUBPART C: PROGRAM PERSONNEL

Section 380.400 Employee Personnel Policies and Records 380.410 Initial Health Evaluation for Employees, Interns and Volunteers

ILLINOIS REGISTER 2136 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

380.420 Health Care Worker Background Check 380.430 Executive Director 380.440 Psychiatric Medical Director

SUBPART D: ADMINISTRATION

Section 380.500 Required Policies and Procedures 380.510 Quality Assessment and Performance Improvement 380.515 Reportable Performance Indicators 380.520 Information to Be Made Available to the Public 380.530 Incidents, Accidents and Emergency Care 380.540 Abuse, Neglect and Theft 380.550 Contacting Local Law Enforcement 380.560 Care and Treatment of Sexual Assault Survivors 380.570 Fire Safety and Disaster Preparedness 380.580 Research

SUBPART E: SUPPORT SERVICES AND ENVIRONMENT

Section 380.600 Required Support Services 380.610 Physician Medical Services 380.620 Health/Nursing Services 380.630 Pharmaceutical Services and Medication Administration 380.640 Infection Control and Vaccinations 380.641 Infection Control and Testing EMERGENCY 380.642 COVID-19 Training Requirements EMERGENCY 380.650 Dietetic Services 380.660 Dental Services 380.670 Physical Plant and Environmental Requirements

SUBPART F: LICENSURE REQUIREMENTS

Section 380.700 Licensure Application Requirements 380.710 Application Process and Requirements for a Provisional License

ILLINOIS REGISTER 2137 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

380.720 Plan of Operation 380.730 Requirements for Accreditation 380.740 Surveys and Inspections 380.750 License Sanctions and Revocations 380.760 Citation Review and Appeal Procedures 380.770 Safety, Zoning and Building Clearances 380.780 Special Demonstration Programs and Services

AUTHORITY: Implementing and authorized by the Specialized Mental Health Rehabilitation Act of 2013 [210 ILCS 49].

SOURCE: Emergency rule adopted at 38 Ill. Reg. 11819, effective May 22, 2014, for a maximum of 150 days; emergency expired October 18, 2014; adopted at 38 Ill. Reg. 22897, effective November 21, 2014; amended at 43 Ill. Reg. 1651, effective January 18, 2019; emergency amendment at 44 Ill. Reg. 8568, effective May 5, 2020, for a maximum of 150 days; emergency repeal of emergency rule at 44 Ill. Reg. 16312, effective September 15, 2020; amended at 44 Ill. Reg. 18403, effective October 29, 2020; emergency amendment at 44 Ill. Reg. 19051, effective November 19, 2020, for a maximum of 150 days; emergency amendment at 45 Ill. Reg. 461, effective December 18, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 45 Ill. Reg. 2133, effective January 27, 2021, for the remainder of the 150 days.

SUBPART E: SUPPORT SERVICES AND ENVIRONMENT

Section 380.642 COVID-19 Training Requirements EMERGENCY

a) Definitions. For the purposes of this Section, the following terms have the meanings ascribed in this subsection (a):

1) "CMMS Training" means CMMS Targeted COVID-19 Training for Frontline Nursing Home Staff and Management, available at https://QSEP.cms.gov.

ILLINOIS REGISTER 2138 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

licensed physical, occupational or speech therapists. Any consultants, contractors, volunteers, students in any training programs, and caregivers who provide, engage in, or administer direct care and services to consumers on behalf of the facility are also considered frontline clinical staff.

3) "Management staff" means any facility staff who:

A) Assign and direct nursing activities;

B) Oversee comprehensive assessment of consumers' medical needs and care planning;

C) Recommend numbers and levels of nursing personnel;

D) Plan nursing service budgeting;

E) Develop standards of nursing practice;

F) Supervise in-service education and skill training for all personnel; or

G) Participate in the screening of prospective consumers and consumer placement. b) Required Frontline Clinical Staff Training

1) All frontline staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting; and

E) Module 5: Caring for Residents with Dementia in a Pandemic.

ILLINOIS REGISTER 2139 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

2) Facilities shall ensure at least 50% of frontline clinical staff have completed the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of the frontline clinical staff have completed the CMMS Training by March 31February 28, 2021.

4) Facilities shall require, within 14 days after hiring, CMMS Training for all frontline clinical staff hired after January 31, 2021. c) Required Management Staff Training

1) All management staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting;

E) Module 5: Caring for Residents with Dementia in a Pandemic;

F) Module 6: Infection Prevention and Control;

G) Module 7: Emergency Preparedness and Surge Capacity;

H) Module 8: Addressing Emotional Health of Residents and Staff;

I) Module 9: Telehealth for Nursing Homes; and

J) Module 10: Getting Your Vaccine Delivery System Ready.

2) Facilities shall ensure at least 50% of management staff have completed the CMMS Training by February 28January 31, 2021.

ILLINOIS REGISTER 2140 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

3) Facilities shall ensure 100% of management staff have completed the CMMS Training by March 31February 28, 2021.

(Source: Added by emergency rulemaking at 45 Ill. Reg. 461, effective December 18, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule at 45 Ill. Reg. 2133, effective January 27, 2021, for the remainder of the 150 days)

ILLINOIS REGISTER 2141 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1) Heading of the Part: Medically Complex for the Developmentally Disabled Facilities Code

2) Code Citation: 77 Ill. Adm. Code 390

3) Section Number: Emergency Action: 390.761 Amendment

4) Statutory Authority: MC/DD Act [210 ILCS 46]

5) Effective Date of Rule: January 27, 2021

7) Date Filed with the Index Department: January 27, 2021

8) A copy of the emergency rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: This emergency amendment is adopted in response to Governor JB Pritzker's Gubernatorial Disaster Proclamations issued during 2020 related to COVID- 19.

10) A Complete Description of the Subjects and Issues Involved: This emergency amendment to the emergency rule adopted at 45 Ill. Reg. 469 updates the deadlines for frontline clinical and management staff to complete the targeted COVID-19 training. The emergency amendment requires 50% of the frontline and management staff at MC/DD facilities to complete the training by February 28, 2021, and 100% to complete the training by March 31, 2021. The deadline for training for all new frontline and management staff hired after January 31, 2021, remains the same.

11) Are there any other rulemakings pending on this Part? No

ILLINOIS REGISTER 2142 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

12) Statement of Statewide Policy Objective: This rulemaking will not create or expand a State mandate.

13) Information and questions regarding this emergency rule shall be directed to:

Elizabeth Paton Acting Rules Coordinator Division of Legal Services Illinois Department of Public Health 535 W. Jefferson St., 5th floor Springfield IL 62761

217/782-2043 [email protected]

The full text of the Emergency Amendment to Emergency Rule begins on the next page:

ILLINOIS REGISTER 2143 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER c: LONG-TERM CARE FACILITIES

PART 390 MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE

SUBPART A: GENERAL PROVISIONS

Section 390.2 COVID-19 Emergency Provisions for Licenses and Inspections EMERGENCY 390.110 General Requirements 390.120 Application for License 390.130 Licensee 390.140 Issuance of an Initial License for a New Facility 390.150 Issuance of an Initial License Due to a Change of Ownership 390.160 Issuance of a Renewal License 390.165 Criteria for Adverse Licensure Actions 390.170 Denial of Initial License 390.175 Denial of Renewal of License 390.180 Revocation of License 390.190 Experimental Program Conflicting With Requirements 390.200 Inspections, Surveys, Evaluations and Consultation 390.210 Filing an Annual Attested Financial Statement 390.220 Information to be Made Available to the Public by the Department 390.230 Information to be Made Available to the Public by the Licensee 390.240 Municipal Licensing 390.250 Ownership Disclosure 390.260 Issuance of Conditional Licenses 390.270 Monitor and Receivership 390.271 Presentation of Findings 390.272 Determination to Issue a Notice of Violation or Administrative Warning 390.274 Determination of the Type of a Violation 390.276 Notice of Violation 390.277 Administrative Warning 390.278 Plans of Correction 390.280 Reports of Correction

ILLINOIS REGISTER 2144 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

390.282 Conditions for Assessment of Penalties 390.284 Calculation of Penalties (Repealed) 390.286 Notice of Penalty Assessment: Response by Facility 390.287 Consideration of Factors for Assessing Penalties 390.288 Reduction or Waiver of Penalties 390.290 Quarterly List of Violators (Repealed) 390.300 Alcoholism Treatment Programs in Long-Term Care Facilities 390.310 Department May Survey Facilities Formerly Licensed 390.315 Supported Congregate Living Arrangement Demonstration (Repealed) 390.320 Waivers 390.330 Definitions 390.340 Incorporated and Referenced Materials EMERGENCY

SUBPART B: ADMINISTRATION

Section 390.500 Administrator

SUBPART C: POLICIES

Section 390.610 Management Policies 390.620 Resident Care Policies 390.625 Pre-admission Assessment and Request for Criminal History Record Information (Repealed) 390.630 Admission, Retention and Discharge Policies 390.635 Identified Offenders (Repealed) 390.636 Discharge Planning for Identified Offenders (Repealed) 390.637 Transfer of an Identified Offender (Repealed) 390.640 Contract Between Resident and Facility 390.650 Residents' Advisory Council 390.660 General Policies 390.670 Personnel Policies 390.675 Initial Health Evaluation for Employees 390.680 Child Care/Habilitation Aides 390.681 Health Care Worker Background Check 390.682 Resident Attendants 390.683 Registry of Child Care/Habilitation Aides

ILLINOIS REGISTER 2145 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

390.685 Student Interns 390.690 Disaster Preparedness 390.700 Incidents and Accidents 390.750 Contacting Local Law Enforcement 390.760 Infection Control EMERGENCY 390.761 COVID-19 Training Requirements EMERGENCY

SUBPART D: PERSONNEL

Section 390.810 General 390.820 Categories of Personnel 390.830 Consultation Services

SUBPART E: HEALTH AND DEVELOPMENTAL SERVICES

Section 390.1010 Service Programs 390.1020 Medical Services 390.1025 Life-Sustaining Treatments 390.1030 Physician Services 390.1035 Tuberculin Skin Test Procedures 390.1040 Nursing Services 390.1050 Dental Care Services 390.1060 Physical and Occupational Therapy Services 390.1070 Psychological Services 390.1080 Social Services 390.1090 Speech Pathology and Audiology Services 390.1100 Recreational and Activity Services 390.1110 Educational Services 390.1120 Work Activity and Prevocational Training Services 390.1130 Communicable Disease Policies 390.1140 Vaccinations 390.1150 Language Assistance Services

SUBPART F: RESTRAINTS AND BEHAVIOR MANAGEMENT

ILLINOIS REGISTER 2146 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

Section 390.1310 Restraints 390.1312 Nonemergency Use of Physical Restraints 390.1314 Emergency Use of Physical Restraints 390.1316 Unnecessary, Psychotropic, and Antipsychotic Drugs 390.1320 Behavior Management 390.1330 Behavior Emergencies (Repealed)

SUBPART G: MEDICATIONS

Section 390.1410 Medication Policies and Procedures 390.1420 Compliance with Licensed Prescriber's Orders 390.1430 Administration of Medication 390.1440 Labeling and Storage of Medications 390.1450 Control of Medications

SUBPART H: RESIDENT AND FACILITY RECORDS

Section 390.1610 Resident Record Requirements 390.1620 Content of Medical Records 390.1630 Confidentiality of Resident's Records 390.1640 Records Pertaining to Residents' Property 390.1650 Retention and Transfer of Resident Records 390.1660 Other Resident Record Requirements 390.1670 Staff Responsibility for Medical Records 390.1680 Retention of Facility Records 390.1690 Other Facility Record Requirements

SUBPART I: FOOD SERVICE

Section 390.1810 Director of Food Services 390.1820 Dietary Staff in Addition to Director of Food Services 390.1830 Hygiene of Dietary Staff 390.1840 Diet Orders 390.1850 Meal Planning 390.1860 Infant and Therapeutic Diets

ILLINOIS REGISTER 2147 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

390.1870 Scheduling Meals 390.1880 Menus and Food Records 390.1890 Food Preparation and Service 390.1900 Preparation of Infant Formula 390.1910 Food Handling Sanitation 390.1920 Kitchen Equipment, Utensils, and Supplies

SUBPART J: MAINTENANCE, HOUSEKEEPING, AND LAUNDRY

Section 390.2010 Maintenance 390.2020 Housekeeping 390.2030 Laundry Services

SUBPART K: FURNISHINGS, EQUIPMENT, AND SUPPLIES

Section 390.2210 Furnishings 390.2220 Equipment and Supplies 390.2230 Sterilization of Supplies and Equipment

SUBPART L: WATER SUPPLY AND SEWAGE DISPOSAL

Section 390.2410 Codes 390.2420 Water Supply 390.2430 Sewage Disposal 390.2440 Plumbing

SUBPART M: DESIGN AND CONSTRUCTION STANDARDS FOR NEW FACILITIES

Section 390.2610 Applicability of these Standards 390.2620 Codes and Standards 390.2630 Preparation of Drawings and Specifications 390.2640 Site 390.2650 Administration and Public Areas 390.2660 Nursing Unit 390.2670 Dining, Play, Activity/Program Rooms

ILLINOIS REGISTER 2148 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

390.2680 Therapy and Personal Care 390.2690 Service Departments 390.2700 General Building Requirements 390.2710 Structural 390.2720 Mechanical Systems 390.2730 Plumbing Systems 390.2740 Electrical Systems

SUBPART N: DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING FACILITIES

Section 390.2910 Applicability 390.2920 Codes and Standards 390.2930 Preparation of Drawings and Specifications 390.2940 Site 390.2950 Administration and Public Areas 390.2960 Nursing Unit 390.2970 Play, Dining, Activity/Program Rooms 390.2980 Treatment and Personal Care 390.2990 Service Department 390.3000 General Building Requirements 390.3010 Structural 390.3020 Mechanical Systems 390.3030 Plumbing Systems 390.3040 Electrical Requirements

SUBPART O: RESIDENT'S RIGHTS

Section 390.3210 General 390.3220 Medical Care 390.3230 Restraints (Repealed) 390.3240 Abuse and Neglect 390.3250 Communication and Visitation 390.3260 Resident's Funds 390.3270 Residents' Advisory Council 390.3280 Contract With Facility 390.3290 Private Right of Action 390.3300 Transfer or Discharge

ILLINOIS REGISTER 2149 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

390.3310 Complaint Procedures 390.3320 Confidentiality 390.3330 Facility Implementation

SUBPART P: DAY CARE PROGRAMS

Section 390.3510 Day Care in Long-Term Care Facilities

390.APPENDIX A Interpretation and Illustrative Services for Long-Term Care Facility for Residents Under 22 Years of Age (Repealed) 390.APPENDIX B Forms for Day Care in Long-Term Care Facilities 390.APPENDIX C Guidelines for the Use of Various Drugs 390.TABLE A Infant Feeding 390.TABLE B Daily Nutritional Requirements By Age Group 390.TABLE C Sound Transmissions Limitations 390.TABLE D Pressure Relationships and Ventilation Rates of Certain Areas for New Long-Term Care Facilities for Persons Under Twenty-Two (22) Years of Age 390.TABLE E Sprinkler Requirements 390.TABLE F Heat Index Table/Apparent Temperature

AUTHORITY: Implementing and authorized by the MC/DD Act [210 ILCS 46].

SOURCE: Adopted at 6 Ill. Reg. 1658, effective February 1, 1982; emergency amendment at 6 Ill. Reg. 3223, effective March 8, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 11622, effective September 14, 1982; amended at 6 Ill. Reg. 14557 and 14560, effective November 8, 1982; amended at 6 Ill. Reg. 14678, effective November 15, 1982; amended at 7 Ill. Reg. 282, effective December 22, 1982; amended at 7 Ill. Reg. 1927, effective January 28, 1983; amended at 7 Ill. Reg. 8574, effective July 11, 1983; amended at 7 Ill. Reg. 15821, effective November 15, 1983; amended at 7 Ill. Reg. 16988, effective December 14, 1983; amended at 8 Ill. Reg. 15585, 15589, and 15592, effective August 15, 1984; amended at 8 Ill. Reg. 16989, effective September 5, 1984; codified at 8 Ill. Reg. 19823; amended at 8 Ill. Reg. 24159, effective November 29, 1984; amended at 8 Ill. Reg. 24656, effective December 7, 1984; amended at 8 Ill. Reg. 25083, effective December 14, 1984; amended at 9 Ill. Reg. 122, effective December 26, 1984; amended at 9 Ill. Reg. 10785, effective July 1, 1985; amended at 11 Ill. Reg. 16782, effective October 1, 1987; amended at 12 Ill. Reg. 931, effective December 24, 1987; amended at 12 Ill. Reg. 16780, effective October 1, 1988; emergency amendment at 12 Ill. Reg. 18243, effective October 24, 1988, for a maximum of 150 days; emergency expired March 23,

ILLINOIS REGISTER 2150 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

1989; amended at 13 Ill. Reg. 6301, effective April 17, 1989; amended at 13 Ill. Reg. 19521, effective December 1, 1989; amended at 14 Ill. Reg. 14904, effective October 1, 1990; amended at 15 Ill. Reg. 1878, effective January 25, 1991; amended at 16 Ill. Reg. 623, effective January 1, 1992; amended at 16 Ill. Reg. 14329, effective September 3, 1992; emergency amendment at 17 Ill. Reg. 2390, effective February 3, 1993, for a maximum of 150 days; emergency expired on July 3, 1993; emergency amendment at 17 Ill. Reg. 7974, effective May 6, 1993, for a maximum of 150 days; emergency expired on October 3, 1993; amended at 17 Ill. Reg. 15073, effective September 3, 1993; amended at 17 Ill. Reg. 16167, effective January 1, 1994; amended at 17 Ill. Reg. 19235, effective October 26, 1993; amended at 17 Ill. Reg. 19547, effective November 4, 1993; amended at 17 Ill. Reg. 21031, effective November 20, 1993; amended at 18 Ill. Reg. 1453, effective January 14, 1994; amended at 18 Ill. Reg. 15807, effective October 15, 1994; amended at 19 Ill. Reg. 11525, effective July 29, 1995; emergency amendment at 20 Ill. Reg. 535, effective January 1, 1996, for a maximum of 150 days; emergency expired May 29, 1996; amended at 20 Ill. Reg. 10106, effective July 15, 1996; amended at 20 Ill. Reg. 12101, effective September 10, 1996; amended at 22 Ill. Reg. 4062, effective February 13, 1998; amended at 22 Ill. Reg. 7188, effective April 15, 1998; amended at 22 Ill. Reg. 16576, effective September 18, 1998; amended at 23 Ill. Reg. 1069, effective January 15, 1999; amended at 23 Ill. Reg. 8021, effective July 15, 1999; amended at 24 Ill. Reg. 17283, effective November 1, 2000; amended at 25 Ill. Reg. 4890, effective April 1, 2001; amended at 26 Ill. Reg. 4890, effective April 1, 2002; amended at 26 Ill. Reg. 10645, effective July 1, 2002; emergency amendment at 27 Ill. Reg. 2258, effective February 1, 2003, for a maximum of 150 days; emergency expired June 30, 2003; emergency amendment at 27 Ill. Reg. 5509, effective March 25, 2003, for a maximum of 150 days; emergency expired August 21, 2003; amended at 27 Ill. Reg. 5947, effective April 1, 2003; emergency amendment at 27 Ill. Reg. 14250, effective August 15, 2003, for a maximum of 150 days; emergency expired January 12, 2004; amended at 27 Ill. Reg. 15949, effective September 25, 2003; amended at 27 Ill. Reg. 18204, effective November 15, 2003; expedited correction at 28 Ill. Reg. 3565, effective November 15, 2003; amended at 28 Ill. Reg. 11231, effective July 22, 2004; emergency amendment at 29 Ill. Reg. 12025, effective July 12, 2005, for a maximum of 150 days; emergency rule modified in response to JCAR Recommendation at 29 Ill. Reg. 15301, effective September 23, 2005, for the remainder of the maximum 150 days; emergency amendment expired December 8, 2005; amended at 29 Ill. Reg. 12988, effective August 2, 2005; amended at 30 Ill. Reg. 1473, effective January 23, 2006; amended at 30 Ill. Reg. 5383, effective March 2, 2006; amended at 31 Ill. Reg. 6145, effective April 3, 2007; amended at 31 Ill. Reg. 8864, effective June 6, 2007; amended at 33 Ill. Reg. 9406, effective June 17, 2009; amended at 34 Ill. Reg. 19239, effective November 23, 2010; amended at 35 Ill. Reg. 3495, effective February 14, 2011; amended at 39 Ill. Reg. 5503, effective March 25, 2015; amended at 42 Ill. Reg. 6716, effective March 29, 2018; amended at 43 Ill. Reg. 3564, effective February 26, 2019; emergency amendment at 44 Ill. Reg. 8573, effective May 5, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 16317, effective September 15, 2020,

ILLINOIS REGISTER 2151 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE for the remainder of the 150 days; emergency rule as amended expired October 1, 2020; emergency amendment at 44 Ill. Reg. 16920, effective October 2, 2020, for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 19068, effective November 19, 2020, for a maximum of 150 days; emergency amendment at 45 Ill. Reg. 469, effective December 18, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 45 Ill. Reg. 2141, effective January 27, 2021, for the remainder of the 150 days.

SUBPART C: POLICIES

Section 390.761 COVID-19 Training Requirements EMERGENCY

a) Definitions. For the purposes of this Section, the following terms have the meanings ascribed in this subsection (a):

1) "CMMS Training" means CMMS Targeted COVID-19 Training for Frontline Nursing Home Staff and Management, available at https://QSEP.cms.gov.

3) "Management staff" means any facility staff who:

A) Assign and direct nursing activities;

B) Oversee comprehensive assessment of residents' medical needs and care planning;

C) Recommend numbers and levels of nursing personnel;

D) Plan nursing service budgeting;

ILLINOIS REGISTER 2152 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

E) Develop standards of nursing practice;

F) Supervise in-service education and skill training for all personnel; or

G) Participate in the screening of prospective residents and resident placement. b) Required Frontline Clinical Staff Training

1) All frontline staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting; and

E) Module 5: Caring for Residents with Dementia in a Pandemic.

2) Facilities shall ensure at least 50% of frontline clinical staff have completed the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of the frontline clinical staff have completed the CMMS Training by March 31February 28, 2021.

4) Facilities shall require, within 14 days after hiring, CMMS Training for all frontline clinical staff hired after January 31, 2021. c) Required Management Staff Training

1) All management staff employed by facilities shall complete the following portions of CMMS Training:

A) Module 1: Hand Hygiene and PPE;

ILLINOIS REGISTER 2153 21 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF EMERGENCY AMENDMENT TO EMERGENCY RULE

B) Module 2: Screening and Surveillance;

C) Module 3: Cleaning the Nursing Home;

D) Module 4: Cohorting;

E) Module 5: Caring for Residents with Dementia in a Pandemic;

F) Module 6: Infection Prevention and Control;

G) Module 7: Emergency Preparedness and Surge Capacity;

H) Module 8: Addressing Emotional Health of Residents and Staff;

I) Module 9: Telehealth for Nursing Homes; and

J) Module 10: Getting Your Vaccine Delivery System Ready.

2) Facilities shall ensure at least 50% of management staff have completed the CMMS Training by February 28January 31, 2021.

3) Facilities shall ensure 100% of management staff have completed the CMMS Training by March 31February 28, 2021.

(Source: Added by emergency rulemaking at 45 Ill. Reg. 469, effective December 18, 2020, for a maximum of 150 days; amended by emergency amendment to emergency rule at 45 Ill. Reg. 2141, effective January 27, 2021, for the remainder of the 150 days)

ILLINOIS REGISTER 2154 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT

1) Heading of the Part: Supplemental Nutrition Assistance Program (SNAP)

2) Code Citation: 89 Ill. Adm. Code 121

3) Section Number: Peremptory Action: 121.64 Amendment

4) Reference to the Specific State or Federal Court Order, Federal Rule or Statute Which Requires this Peremptory Rulemaking: These changes are being made to conform with Food and Nutrition Service regulations.

5) Statutory Authority: Implementing Sections 12-4.4 through 12-4.6 and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-4.4 through 12-4.6 and 12- 13].

6) Effective Date: January 29, 2021

7) A Complete Description of the Subjects and Issues Involved: The changes in this rulemaking are the result of Consolidated Appropriations Act 2021 and are required by Food and Nutrition Service regulations. This rulemaking revises the Maximum Monthly SNAP Allotments for all SNAP units. It also increases the minimum monthly allotment for 1-2 persons to $19.

8) Does this rulemaking contain an automatic repeal date? No

9) Date Filed with the Index Department: January 29, 2021

10) A copy of the peremptory rule, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

11) This rulemaking is in compliance with Section 5-50 of the Illinois Administrative Procedure Act.

12) Are there any rulemakings pending on this Part? Yes

Section Number: Proposed Action: Illinois Register Citation: 121.31 Amendment 44 Ill. Reg. 19663; December 28, 2020

ILLINOIS REGISTER 2155 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT

13) Statement of Statewide Policy Objective: This rulemaking does not create or expand a State mandate.

14) Information and questions regarding this peremptory rule shall be directed to:

Tracie Drew, Bureau Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue East Harris Bldg., 3rd Floor Springfield IL 62762

217/785-9772

The full text of the Peremptory Amendment begins on the next page:

ILLINOIS REGISTER 2156 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT

TITLE 89: SOCIAL SERVICES CHAPTER IV: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER b: ASSISTANCE PROGRAMS

PART 121 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

SUBPART A: APPLICATION PROCEDURES

Section 121.1 Application for Assistance 121.2 Time Limitations on the Disposition of an Application 121.3 Approval of an Application and Initial Authorization of Assistance 121.4 Denial of an Application 121.5 Client Cooperation 121.6 Emergency Assistance 121.7 Expedited Service 121.8 Express Stamps Application Project 121.10 Interviews

SUBPART B: NON-FINANCIAL FACTORS OF ELIGIBILITY

Section 121.18 Work Requirement 121.19 Ending a Voluntary Quit Disqualification (Repealed) 121.20 Citizenship 121.21 Residence 121.22 Social Security Numbers 121.23 Work Registration/Participation Requirements 121.24 Individuals Exempt from Work Registration Requirements 121.25 Failure to Comply with Work Provisions 121.26 Periods of Sanction 121.27 Voluntary Job Quit/Reduction in Work Hours 121.28 Good Cause for Voluntary Job Quit/Reduction in Work Hours 121.29 Exemptions from Voluntary Quit/Reduction in Work Hours Rules

SUBPART C: FINANCIAL FACTORS OF ELIGIBILITY

Section

ILLINOIS REGISTER 2157 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT

121.30 Unearned Income 121.31 Exempt Unearned Income 121.32 Education Benefits (Repealed) 121.33 Unearned Income In-Kind 121.34 Lump Sum Payments and Income Tax Refunds 121.40 Earned Income 121.41 Budgeting Earned Income 121.50 Exempt Earned Income 121.51 Income from Work/Study/Training Programs 121.52 Earned Income from Roomers or Boarders 121.53 Income From Rental Property 121.54 Earned Income In-Kind 121.55 Sponsors of Aliens 121.57 Assets 121.58 Exempt Assets 121.59 Asset Disregards

SUBPART D: ELIGIBILITY STANDARDS

Section 121.60 Net Monthly Income Eligibility Standards 121.61 Gross Monthly Income Eligibility Standards 121.62 Income Which Must Be Annualized 121.63 Deductions from Monthly Income 121.64 Supplemental Nutrition Assistance Program (SNAP) Benefit Amount

SUBPART E: HOUSEHOLD CONCEPT

Section 121.70 Composition of the Assistance Unit 121.71 Living Arrangement 121.72 Nonhousehold Members 121.73 Ineligible Household Members 121.74 Strikers 121.75 Students 121.76 Categorically Eligible Households

SUBPART F: MISCELLANEOUS PROGRAM PROVISIONS

ILLINOIS REGISTER 2158 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT

Section 121.80 Fraud Disqualification (Renumbered) 121.81 Initiation of Administrative Fraud Hearing (Repealed) 121.82 Definition of Fraud (Renumbered) 121.83 Notification To Applicant Households (Renumbered) 121.84 Disqualification Upon Finding of Fraud (Renumbered) 121.85 Court Imposed Disqualification (Renumbered) 121.90 Monthly Reporting and Retrospective Budgeting (Repealed) 121.91 Monthly Reporting (Repealed) 121.92 Budgeting 121.93 Issuance of Food Stamp Benefits 121.94 Replacement of the EBT Card or SNAP Benefits 121.95 Restoration of Lost Benefits 121.96 Uses for SNAP Benefits 121.97 Supplemental Payments 121.98 Client Training Brochure for the Electronic Benefits Transfer (EBT) System 121.105 State Food Program (Repealed) 121.107 New State Food Program 121.108 Transitional Food Stamp (TFS) Benefits 121.117 Farmers' Market Technology Improvement Program 121.120 Redetermination of Eligibility 121.125 Simplified Reporting 121.130 Residents of Shelters for Battered Women and their Children 121.131 Fleeing Felons and Probation/Parole Violators 121.135 Incorporation By Reference 121.136 Food and Nutrition Act of 2008 121.140 Small Group Living Arrangement Facilities and Drug/Alcoholic Treatment Centers 121.145 Quarterly Reporting (Repealed)

SUBPART G: INTENTIONAL VIOLATIONS OF THE PROGRAM

Section 121.150 Definition of Intentional Violations of the Program 121.151 Penalties for Intentional Violations of the Program 121.152 Notification To Applicant Households 121.153 Disqualification Upon Finding of Intentional Violation of the Program 121.154 Court Imposed Disqualification

ILLINOIS REGISTER 2159 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT

SUBPART H: FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM

Section 121.160 Participation in Voluntary SNAP Employment and Training (SNAP E&T) 121.162 Program Requirements 121.163 Vocational Training 121.164 Orientation (Repealed) 121.165 Community Workfare 121.166 Assessment and Employability Plan (Repealed) 121.167 Counseling/Prevention Services (Repealed) 121.170 Supervised Job Search Activity 121.172 Basic Education Activity 121.174 Job Readiness Activity 121.176 Work Experience Activity 121.177 Illinois Works Component (Repealed) 121.178 Job Training Component (Repealed) 121.179 JTPA Employability Services Component (Repealed) 121.180 Grant Diversion Component (Repealed) 121.182 Earnfare Activity 121.184 Sanctions for Non-cooperation with Food Stamp Employment and Training (Repealed) 121.186 Good Cause for Failure to Cooperate (Repealed) 121.188 Supportive Services 121.190 Conciliation (Repealed) 121.200 Types of Claims (Recodified) 121.201 Establishing a Claim for Intentional Violation of the Program (Recodified) 121.202 Establishing a Claim for Unintentional Household Errors and Administrative Errors (Recodified) 121.203 Collecting Claim Against Households (Recodified) 121.204 Failure to Respond to Initial Demand Letter (Recodified) 121.205 Methods of Repayment of Food Stamp Claims (Recodified) 121.206 Determination of Monthly Allotment Reductions (Recodified) 121.207 Failure to Make Payment in Accordance with Repayment Schedule (Recodified) 121.208 Suspension and Termination of Claims (Recodified)

SUBPART I: WORK REQUIREMENT FOR FOOD STAMPS

Section 121.220 Work Requirement Components (Repealed)

ILLINOIS REGISTER 2160 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT

121.221 Meeting the Work Requirement with the Earnfare Component (Repealed) 121.222 Volunteer Community Work Component (Repealed) 121.223 Work Experience Component (Repealed) 121.224 Supportive Service Payments to Meet the Work Requirement (Repealed) 121.225 Meeting the Work Requirement with the Illinois Works Component (Repealed) 121.226 Meeting the Work Requirement with the JTPA Employability Services Component (Repealed)

AUTHORITY: Implementing Sections 12-4.4 through 12-4.6 and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5].

SOURCE: Adopted December 30, 1977; amended at 3 Ill. Reg. 5, p. 875, effective February 2, 1979; amended at 3 Ill. Reg. 31, p. 109, effective August 3, 1979; amended at 3 Ill. Reg. 33, p. 399, effective August 18, 1979; amended at 3 Ill. Reg. 41, p. 165, effective October 11, 1979; amended at 3 Ill. Reg. 42, p. 230, effective October 9, 1979; amended at 3 Ill. Reg. 44, p. 173, effective October 19, 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. 3, p. 49, effective January 9, 1980; peremptory amendment at 4 Ill. Reg. 9, p. 259, effective February 23, 1980; amended at 4 Ill. Reg. 10, p. 253, effective February 27, 1980; amended at 4 Ill. Reg. 12, p. 551, effective March 10, 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. 45, p. 134, effective October 17, 1980; amended at 5 Ill. Reg. 766, effective January 2, 1981; amended at 5 Ill. Reg. 1131, effective January 16, 1981; amended at 5 Ill. Reg. 4586, effective April 15, 1981; peremptory amendment at 5 Ill. Reg. 5722, effective June 1, 1981; amended at 5 Ill. Reg. 7071, effective June 23, 1981; peremptory amendment at 5 Ill. Reg. 10062, effective October 1, 1981; amended at 5 Ill. Reg. 10733, effective October 1, 1981; amended at 5 Ill. Reg. 12736, effective October 29, 1981; amended at 6 Ill. Reg. 1653, effective January 17, 1982; amended at 6 Ill. Reg. 2707, effective March 2, 1982; amended at 6 Ill. Reg. 8159, effective July 1, 1982; amended at 6 Ill. Reg. 10208, effective August 9, 1982; amended at 6 Ill. Reg. 11921, effective September 21, 1982; amended at 6 Ill. Reg. 12318, effective October 1, 1982; amended at 6 Ill. Reg. 13754, effective November 1, 1982; amended at 7 Ill. Reg. 394, effective January 1, 1983; codified at 7 Ill. Reg. 5195; amended at 7 Ill. Reg. 5715, effective May 1, 1983; amended at 7 Ill. Reg. 8118, effective June 24, 1983; peremptory amendment at 7 Ill. Reg. 12899, effective October 1, 1983; amended at 7 Ill. Reg. 13655, effective October 4, 1983; peremptory amendment at 7 Ill. Reg. 16067, effective November 18, 1983; amended at 7 Ill. Reg. 16169, effective November 22, 1983; amended at 8 Ill. Reg. 5673, effective April 18, 1984; amended at 8 Ill. Reg. 7249, effective May 16, 1984; peremptory amendment at 8 Ill. Reg. 10086, effective July 1, 1984; amended at 8 Ill. Reg. 13284, effective July 16, 1984; amended at

ILLINOIS REGISTER 2161 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT

8 Ill. Reg. 17900, effective September 14, 1984; amended (by adding Section being codified with no substantive change) at 8 Ill. Reg. 17898; peremptory amendment at 8 Ill. Reg. 19690, effective October 1, 1984; peremptory amendment at 8 Ill. Reg. 22145, effective November 1, 1984; amended at 9 Ill. Reg. 302, effective January 1, 1985; amended at 9 Ill. Reg. 6804, effective May 1, 1985; amended at 9 Ill. Reg. 8665, effective May 29, 1985; peremptory amendment at 9 Ill. Reg. 8898, effective July 1, 1985; amended at 9 Ill. Reg. 11334, effective July 8, 1985; amended at 9 Ill. Reg. 14334, effective September 6, 1985; peremptory amendment at 9 Ill. Reg. 15582, effective October 1, 1985; amended at 9 Ill. Reg. 16889, effective October 16, 1985; amended at 9 Ill. Reg. 19726, effective December 9, 1985; amended at 10 Ill. Reg. 229, effective December 20, 1985; peremptory amendment at 10 Ill. Reg. 7387, effective April 21, 1986; peremptory amendment at 10 Ill. Reg. 7941, effective May 1, 1986; amended at 10 Ill. Reg. 14692, effective August 29, 1986; peremptory amendment at 10 Ill. Reg. 15714, effective October 1, 1986; Sections 121.200 thru 121.208 recodified to 89 Ill. Adm. Code 165 at 10 Ill. Reg. 21094; peremptory amendment at 11 Ill. Reg. 3761, effective February 11, 1987; emergency amendment at 11 Ill. Reg. 3754, effective February 13, 1987, for a maximum of 150 days; emergency amendment at 11 Ill. Reg. 9968, effective May 15, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 10269, effective May 22, 1987; amended at 11 Ill. Reg. 10621, effective May 25, 1987; peremptory amendment at 11 Ill. Reg. 11391, effective July 1, 1987; peremptory amendment at 11 Ill. Reg. 11855, effective June 30, 1987; emergency amendment at 11 Ill. Reg. 12043, effective July 6, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 13635, effective August 1, 1987; amended at 11 Ill. Reg. 14022, effective August 10, 1987; emergency amendment at 11 Ill. Reg. 15261, effective September 1, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 15480, effective September 4, 1987; amended at 11 Ill. Reg. 15634, effective September 11, 1987; amended at 11 Ill. Reg. 18218, effective October 30, 1987; peremptory amendment at 11 Ill. Reg. 18374, effective October 30, 1987; amended at 12 Ill. Reg. 877, effective December 30, 1987; emergency amendment at 12 Ill. Reg. 1941, effective December 31, 1987, for a maximum of 150 days; amended at 12 Ill. Reg. 4204, effective February 5, 1988; amended at 12 Ill. Reg. 9678, effective May 23, 1988; amended at 12 Ill. Reg. 9922, effective June 1, 1988; amended at 12 Ill. Reg. 11463, effective June 30, 1988; amended at 12 Ill. Reg. 12824, effective July 22, 1988; emergency amendment at 12 Ill. Reg. 14045, effective August 19, 1988, for a maximum of 150 days; peremptory amendment at 12 Ill. Reg. 15704, effective October 1, 1988; peremptory amendment at 12 Ill. Reg. 16271, effective October 1, 1988; amended at 12 Ill. Reg. 20161, effective November 30, 1988; amended at 13 Ill. Reg. 3890, effective March 10, 1989; amended at 13 Ill. Reg. 13619, effective August 14, 1989; peremptory amendment at 13 Ill. Reg. 15859, effective October 1, 1989; amended at 14 Ill. Reg. 729, effective January 1, 1990; amended at 14 Ill. Reg. 6349, effective April 13, 1990; amended at 14 Ill. Reg. 13202, effective August 6, 1990; peremptory amendment at 14 Ill. Reg. 15158, effective October 1, 1990; amended at 14 Ill. Reg. 16983, effective September 30, 1990; amended at 15 Ill. Reg. 11150, effective July 22, 1991; amended at 15 Ill. Reg. 11957, effective

ILLINOIS REGISTER 2162 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT

August 12, 1991; peremptory amendment at 15 Ill. Reg. 14134, effective October 1, 1991; emergency amendment at 16 Ill. Reg. 757, effective January 1, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 10011, effective June 15, 1992; amended at 16 Ill. Reg. 13900, effective August 31, 1992; emergency amendment at 16 Ill. Reg. 16221, effective October 1, 1992, for a maximum of 150 days; peremptory amendment at 16 Ill. Reg. 16345, effective October 1, 1992; amended at 16 Ill. Reg. 16624, effective October 23, 1992; amended at 17 Ill. Reg. 644, effective December 31, 1992; amended at 17 Ill. Reg. 4333, effective March 19, 1993; amended at 17 Ill. Reg. 14625, effective August 26, 1993; emergency amendment at 17 Ill. Reg. 15149, effective September 7, 1993, for a maximum of 150 days; peremptory amendment at 17 Ill. Reg. 17477, effective October 1, 1993; expedited correction at 17 Ill. Reg. 21216, effective October 1, 1993; amended at 18 Ill. Reg. 2033, effective January 21, 1994; emergency amendment at 18 Ill. Reg. 2509, effective January 27, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 3427, effective February 28, 1994; amended at 18 Ill. Reg. 8921, effective June 3, 1994; amended at 18 Ill. Reg. 12829, effective August 5, 1994; amended at 18 Ill. Reg. 14103, effective August 26, 1994; amended at 19 Ill. Reg. 5626, effective March 31, 1995; amended at 19 Ill. Reg. 6648, effective May 5, 1995; emergency amendment at 19 Ill. Reg. 12705, effective September 1, 1995, for a maximum of 150 days; peremptory amendment at 19 Ill. Reg. 13595, effective October 1, 1995; amended at 20 Ill. Reg. 1593, effective January 11, 1996; peremptory amendment at 20 Ill. Reg. 2229, effective January 17, 1996; amended at 20 Ill. Reg. 7902, effective June 1, 1996; amended at 20 Ill. Reg. 11935, effective August 14, 1996; emergency amendment at 20 Ill. Reg. 13381, effective October 1, 1996, for a maximum of 150 days; emergency amendment at 20 Ill. Reg. 13668, effective October 8, 1996, for a maximum of 150 days; amended at 21 Ill. Reg. 3156, effective February 28, 1997; amended at 21 Ill. Reg. 7733, effective June 4, 1997; recodified from the Department of Public Aid to the Department of Human Services at 21 Ill. Reg. 9322; emergency amendment at 22 Ill. Reg. 1954, effective January 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 5502, effective March 4, 1998; amended at 22 Ill. Reg. 7969, effective May 15, 1998; emergency amendment at 22 Ill. Reg. 10660, effective June 1, 1998, for a maximum of 150 days; emergency amendment at 22 Ill. Reg. 12167, effective July 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 16230, effective September 1, 1998; amended at 22 Ill. Reg. 19787, effective October 28, 1998; emergency amendment at 22 Ill. Reg. 19934, effective November 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 20099, effective November 1, 1998; emergency amendment at 23 Ill. Reg. 2601, effective February 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 3374, effective March 1, 1999; amended at 23 Ill. Reg. 7285, effective June 18, 1999; emergency amendment at 23 Ill. Reg. 13253, effective October 13, 1999, for a maximum of 150 days; emergency amendment at 24 Ill. Reg. 3871, effective February 24, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 4180, effective March 2, 2000; amended at 24 Ill. Reg. 10198, effective June 27, 2000; amended at 24 Ill. Reg. 15428, effective October 10, 2000; emergency amendment at 24 Ill. Reg. 15468, effective October 1, 2000, for a maximum of 150 days;

ILLINOIS REGISTER 2163 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT amended at 25 Ill. Reg. 845, effective January 5, 2001; amended at 25 Ill. Reg. 2423, effective January 25, 2001; emergency amendment at 25 Ill. Reg. 2439, effective January 29, 2001, for a maximum of 150 days; emergency amendment at 25 Ill. Reg. 3707, effective March 1, 2001, for a maximum of 150 days; emergency expired July 28, 2001; amended at 25 Ill. Reg. 7720, effective June 7, 2001; amended at 25 Ill. Reg. 10823, effective August 12, 2001; amended at 25 Ill. Reg. 11856, effective August 31, 2001; emergency amendment at 25 Ill. Reg. 13309, effective October 1, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 151, effective January 1, 2002; amended at 26 Ill. Reg. 2025, effective February 1, 2002; amended at 26 Ill. Reg. 13530, effective September 3, 2002; peremptory amendment at 26 Ill. Reg. 15099, effective October 1, 2002; amended at 26 Ill. Reg. 16484, effective October 25, 2002; amended at 27 Ill. Reg. 2889, effective February 7, 2003; expedited correction at 27 Ill. Reg. 14262, effective February 7, 2003; amended at 27 Ill. Reg. 4583, effective February 28, 2003; amended at 27 Ill. Reg. 7273, effective April 7, 2003; amended at 27 Ill. Reg. 12569, effective July 21, 2003; peremptory amendment at 27 Ill. Reg. 15604, effective October 1, 2003; amended at 27 Ill. Reg. 16108, effective October 6, 2003; amended at 27 Ill. Reg. 18445, effective November 20, 2003; amended at 28 Ill. Reg. 1104, effective December 31, 2003; amended at 28 Ill. Reg. 3857, effective February 13, 2004; amended at 28 Ill. Reg. 10393, effective July 6, 2004; peremptory amendment at 28 Ill. Reg. 13834, effective October 1, 2004; emergency amendment at 28 Ill. Reg. 15323, effective November 10, 2004, for a maximum of 150 days; emergency expired April 8, 2005; amended at 29 Ill. Reg. 2701, effective February 4, 2005; amended at 29 Ill. Reg. 5499, effective April 1, 2005; peremptory amendment at 29 Ill. Reg. 12132, effective July 14, 2005; emergency amendment at 29 Ill. Reg. 16042, effective October 4, 2005, for a maximum of 150 days; emergency expired March 2, 2006; peremptory amendment at 29 Ill. Reg. 16538, effective October 4, 2005; emergency amendment at 30 Ill. Reg. 7804, effective April 6, 2006, for a maximum of 150 days; emergency expired September 2, 2006; amended at 30 Ill. Reg. 11236, effective June 12, 2006; amended at 30 Ill. Reg. 13863, effective August 1, 2006; amended at 30 Ill. Reg. 15681, effective September 12, 2006; peremptory amendment at 30 Ill. Reg. 16470, effective October 1, 2006; amended at 31 Ill. Reg. 6991, effective April 30, 2007; amended at 31 Ill. Reg. 10482, effective July 9, 2007; amended at 31 Ill. Reg. 11318, effective July 23, 2007; peremptory amendment at 31 Ill. Reg. 14372, effective October 1, 2007; amended at 32 Ill. Reg. 2813, effective February 7, 2008; amended at 32 Ill. Reg. 4380, effective March 12, 2008; amended at 32 Ill. Reg. 4813, effective March 18, 2008; amended at 32 Ill. Reg. 9621, effective June 23, 2008; peremptory amendment at 32 Ill. Reg. 16905, effective October 1, 2008; peremptory amendment to Sections 121.94(c), 121.96(d)(2) and 121.150(b) suspended at 32 Ill. Reg. 18908, effective November 19, 2008; suspension withdrawn by the Joint Committee on Administrative Rules at 33 Ill. Reg. 200, effective February 5, 2009; peremptory amendment repealed by emergency rulemaking at 33 Ill. Reg. 3514, effective February 5, 2009, for a maximum of 150 days; peremptory amendment at 32 Ill. Reg. 18092, effective November 15, 2008; emergency amendment at 33 Ill. Reg. 4187, effective February 24, 2009, for a maximum

ILLINOIS REGISTER 2164 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT of 150 days; emergency expired July 23, 2009; peremptory amendment at 33 Ill. Reg. 5537, effective April 1, 2009; emergency amendment at 33 Ill. Reg. 11322, effective July 20, 2009, for a maximum of 150 days; emergency expired December 16, 2009; amended at 33 Ill. Reg. 12802, effective September 3, 2009; amended at 33 Ill. Reg. 14121, effective September 22, 2009; emergency amendment at 33 Ill. Reg. 14627, effective October 13, 2009, for a maximum of 150 days; emergency expired March 11, 2010; amended at 33 Ill. Reg. 16875, effective November 30, 2009; amended at 33 Ill. Reg. 17350, effective December 14, 2009; amended at 34 Ill. Reg. 4777, effective March 17, 2010; amended at 34 Ill. Reg. 5295, effective April 12, 2010; amended at 34 Ill. Reg. 5823, effective April 19, 2010; emergency amendment at 34 Ill. Reg. 6967, effective May 1, 2010, for a maximum of 150 days; emergency expired September 27, 2010; amended at 34 Ill. Reg. 7265, effective May 10, 2010; amended at 34 Ill. Reg. 7685, effective May 18, 2010; amended at 34 Ill. Reg. 12547, effective August 11, 2010; peremptory amendment at 34 Ill. Reg. 15543, effective October 1, 2010; amended at 35 Ill. Reg. 1042, effective December 28, 2010; amended at 35 Ill. Reg. 7688, effective April 29, 2011; amended at 35 Ill. Reg. 10119, effective June 7, 2011; peremptory amendment at 35 Ill. Reg. 16118, effective October 1, 2011; peremptory amendment at 35 Ill. Reg. 16904, effective October 1, 2011; amended at 35 Ill. Reg. 17120, effective October 5, 2011; amended at 35 Ill. Reg. 18780, effective October 28, 2011; amended at 35 Ill. Reg. 19278, effective November 8, 2011; amended at 35 Ill. Reg. 19778, effective December 5, 2011; peremptory amendment at 36 Ill. Reg. 15148, effective October 1, 2012; emergency amendment at 37 Ill. Reg. 15423, effective September 9, 2013, for a maximum of 150 days; peremptory amendment at 37 Ill. Reg. 16016, effective October 1, 2013; emergency amendment at 37 Ill. Reg. 16845, effective October 1, 2013, for a maximum of 150 days; peremptory amendment at 37 Ill. Reg. 17983, effective November 1, 2013; amended at 38 Ill. Reg. 4475, effective January 29, 2014; amended at 38 Ill. Reg. 5382, effective February 7, 2014; emergency amendment at 38 Ill. Reg. 8414, effective April 1, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 17616, effective August 8, 2014; peremptory amendment at 38 Ill. Reg. 19831, effective October 1, 2014; amended at 39 Ill. Reg. 6470, effective April 22, 2015; peremptory amendment at 39 Ill. Reg. 13513, effective October 1, 2015; amended at 39 Ill. Reg. 15577, effective December 1, 2015; amended at 40 Ill. Reg. 360, effective January 1, 2016; peremptory amendment at 40 Ill. Reg. 14114, effective October 1, 2016; peremptory amendment at 41 Ill. Reg. 12905, effective October 1, 2017; amended at 42 Ill. Reg. 8310, effective May 4, 2018; amended at 42 Ill. Reg. 8505, effective May 8, 2018; peremptory amendment at 42 Ill. Reg. 18531, effective October 1, 2018; amended at 43 Ill. Reg. 360, effective December 20, 2018; peremptory amendment at 43 Ill. Reg. 11035, effective October 1, 2019; emergency amendment at 43 Ill. Reg. 11718, effective October 1, 2019, for a maximum of 150 days; emergency amendment at 43 Ill. Reg. 11953, effective October 1, 2019, for a maximum of 150 days; emergency expired February 27, 2020; emergency amendment at 43 Ill. Reg. 14449, effective November 26, 2019, for a maximum of 150 days; amended at 44 Ill. Reg. 3265, effective February 5, 2020; amended at 44 Ill. Reg. 5348, effective

ILLINOIS REGISTER 2165 21 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PEREMPTORY AMENDMENT

March 11, 2020; amended at 44 Ill. Reg. 6984, effective April 16, 2020; amended at 44 Ill. Reg. 9944, effective May 20, 2020; peremptory amendment at 44 Ill. Reg. 16551, effective October 1, 2020; amended at 44 Ill. Reg. 19892, effective December 14, 2020; peremptory amendment at 45 Ill. Reg. 2154, effective January 29, 2021.

SUBPART D: ELIGIBILITY STANDARDS

Section 121.64 Supplemental Nutrition Assistance Program (SNAP) Benefit Amount

a) The monthly Supplemental Nutrition Assistance Program (SNAP) benefit amount is determined by subtracting 30% of the adjusted net monthly income from the maximum monthly SNAP benefit amount.

b) Maximum Monthly SNAP Benefit Amount:

Household Size Amount 1 ...... $234204 2 ...... $430374 3 ...... $616535 4 ...... $782680 5 ...... $929807 6 ...... $1,114969 7 ...... $1,2321,071 8 ...... $1,4081,224 Each additional member ...... $176153

c) All one and two-person households will receive a minimum monthly food stamp benefit amount of $1916.

(Source: Amended by peremptory rulemaking at 45 Ill. Reg. 2154, effective January 29, 2021)

ILLINOIS REGISTER 2166 21 SECRETARY OF STATE

NOTICE OF CORRECTION TO NOTICE ONLY

1) Heading of the Part: School Bus Driver Permit

2) Code Citation: 92 Ill. Adm. Code 1035

3) The Notice of Emergency Rule being corrected appeared at: 45 Ill. Reg. 1222; January 22, 2021

4) The information being corrected is as follows: The date the emergency rule was filed with the Secretary of State Index Department (January 6, 2021) was inadvertently entered as the answer to item number 6. Item 6 should read:

6) If this emergency rule will expire before the end of the 150-day period, please specify the date on which it is to expire: This emergency rule will expire at the end of the 150 days or upon adoption of the permanent rule, whichever occurs first.

ILLINOIS REGISTER 2167 21 JOINT COMMITTEE ON ADMINISTRATIVE RULES

SECOND NOTICES RECEIVED

The following second notices were received during the period of January 25, 2021 through February 1, 2021. These rulemakings are scheduled for the February 16, 2021 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

3/12/21 Department of Natural Resources, Boat and 11/30/20 2/16/21 Snowmobile Registration and Safety (17 Ill. 44 Ill. Reg. Adm. Code 2010) 18631

3/12/21 Illinois Community College Board, 11/6/20 2/16/21 Administration of the Illinois Public 44 Ill. Reg. Community College Act (23 Ill. Adm. Code 17524 1501)

3/13/21 Central Management Services, Pay Plan (80 12/11/20 2/16/21 Ill. Adm. Code 310) 44 Ill. Reg. 19115

3/13/21 Department of Healthcare and Family 11/6/20 2/16/21 Services, Medical Payment (89 Ill. Adm. 44 Ill. Reg. Code 140) 17559

3/13/21 Department of Revenue, Income Tax (86 11/30/20 2/16/21 Ill. Adm. Code 100) 44 Ill. Reg. 18641

3/13/21 Illinois Gaming Board, Video Gaming 3/20/20 2/16/20 (General) (11 Ill. Adm. Code 1800) 44 Ill. Reg. 4265

ILLINOIS REGISTER 2168 21 JOINT COMMITTEE ON ADMINISTRATIVE RULES

SECOND NOTICES RECEIVED

3/14/21 Department of Transportation, Inspection 12/4/20 2/16/21 Procedures for Type I School Buses (92 Ill. 44 Ill. Reg. Adm. Code 441) 18910

3/14/21 Department of Transportation, Inspection 12/4/20 2/16/21 Procedures for Type II School Buses (92 44 Ill. Reg. Ill. Adm. Code 443) 18916

3/14/21 Department of Transportation, 12/4/20 2/16/21 Nonscheduled Bus Inspections (92 Ill. 44 Ill. Reg. Adm. Code 456) 18922

3/14/21 Department of Transportation, Inspection 12/4/20 2/16/21 Procedures for Multifunction School Buses 44 Ill. Reg. (92 Ill. Adm. Code 436) 18890

3/14/21 Department of Transportation, Inspection 12/4/20 2/16/21 Procedures for Special Vehicles (92 Ill. 44 Ill. Reg. Adm. Code 438) 18896

3/14/21 Office of the Illinois State Treasurer, 12/4/20 2/16/21 Achieving a Better Life Experience 44 Ill. Reg. (ABLE) Account Program (74 Ill. Adm. 18867 Code 722)

ILLINOIS ADMINISTRATIVE CODE Issue Index - With Effective Dates Rules acted upon in Volume 45, Issue 7 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 89 - 220 ...... 1753 89 - 230 ...... 1764 23 - 1 ...... 1777 23 - 380 ...... 1802

ADOPTED RULES 80 - 1100 2/1/2021 ...... 1808 68 - 1251 1/28/2021 ...... 1814 68 - 1283 1/28/2021 ...... 1818 68 - 1295 1/28/2021 ...... 1828 68 - 1375 1/28/2021 ...... 1837 68 - 1465 1/28/2021 ...... 1849 68 - 1480 1/28/2021 ...... 1856 80 - 1200 2/1/2021 ...... 1865 80 - 1210 2/1/2021 ...... 1872 80 - 1220 2/1/2021 ...... 1880 80 - 1230 2/1/2021 ...... 1887 80 - 1300 2/1/2021 ...... 1896 17 - 810 1/27/2021 ...... 1898 86 - 100 1/29/2021 ...... 2006 23 - 2500 1/29/2021 ...... 2052

EMERGENCY RULES 8 - 250 2/5/2021 ...... 2071 77 - 295 1/27/2021 ...... 2076 77 - 330 1/27/2021 ...... 2084 77 - 340 1/27/2021 ...... 2098 77 - 350 1/27/2021 ...... 2108 77 - 370 1/27/2021 ...... 2123 77 - 380 1/27/2021 ...... 2133 77 - 390 1/27/2021 ...... 2141

PEREMPTORY RULES 89 - 121 1/29/2021 ...... 2154