Register Rules

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

September 6, 2019 Volume 43, Issue 36

PROPOSED RULES ELEVATOR SAFETY REVIEW BOARD Illinois Elevator Safety Rules 41 Ill. Adm. Code 1000...... 9304 GAMING BOARD, DEPARTMENT OF Video Gaming (General) 11 Ill. Adm. Code 1800...... 9312 Riverboat Gambling 86 Ill. Adm. Code 3000...... 9315 HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF Hospital Services 89 Ill. Adm. Code 148...... 9318 Diagnosis Related Grouping (DRG) Prospective Payment System (PPS) 89 Ill. Adm. Code 149...... 9320 REVENUE, DEPARTMENT OF Liquor Control Act 86 Ill. Adm. Code 420...... 9334 Motor Fuel Tax 86 Ill. Adm. Code 500...... 9345 SECRETARY OF STATE, OFFICE OF THE Departmental Duties 2 Ill. Adm. Code 552…...... 9365 ADOPTED RULES INSURANCE, DEPARTMENT OF Derivative Instruments 50 Ill. Adm. Code 806...... 9370 Construction and Filing of Accident and Health Insurance Policy Forms 50 Ill. Adm. Code 2001...... 9378 Health Maintenance Organization 50 Ill. Adm. Code 4521...... 9386 NATURAL RESOURCES, DEPARTMENT OF Nuisance Wildfire Control Permits 17 Ill. Adm. Code 525...... 9392 Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Rabbit Hunting 17 Ill. Adm. Code 530...... 9401 Raccoon, Opossum, Striped Skunk, Red Fox, Gray Fox, Coyote, Bobcat and Woodchuck (Groundhog) Hunting

17 Ill. Adm. Code 550...... 9430 Muskrat, Mink, Raccoon, Opossum, Striped Skunk, Weasel, Red Fox, Gray Fox, Coyote, Badger, River Otter, Beaver, Bobcat and Woodchuck (Groundhog) Trapping 17 Ill. Adm. Code 570...... 9448 Duck, Goose and Coot Hunting 17 Ill. Adm. Code 590...... 9464 White-Tailed Deer Hunting by Use of Firearms 17 Ill. Adm. Code 650...... 9518 White-Tailed Deer Hunting by Use of Muzzleloading Rifles 17 Ill. Adm. Code 660...... 9526 White-Tailed Deer Hunting by Use of Bow and Arrow 17 Ill. Adm. Code 670...... 9537 Youth Hunting Seasons 17 Ill. Adm. Code 685...... 9559 Squirrel Hunting 17 Ill. Adm. Code 690...... 9568 The Taking of Wild Turkeys - Spring Season 17 Ill. Adm. Code 710...... 9581 The Taking of Wild Turkeys - Fall Gun Season 17 Ill. Adm. Code 715...... 9605 The Taking of Wild Turkeys - Fall Archery Season 17 Ill. Adm. Code 720...... 9612 Dove Hunting 17 Ill. Adm. Code 730...... 9625 Crow, Woodcock, Snipe, Rail and Teal Hunting 17 Ill. Adm. Code 740...... 9644 Falconry and the Captive Propagation of Raptors 17 Ill. Adm. Code 1590...... 9659 POLLUTION CONTROL BOARD General Rules 35 Ill. Adm. Code 101...... 9674 Control of Emissions from Large Combustion Sources 35 Ill. Adm. Code 225...... 9754 EMERGENCY RULES GAMING BOARD, ILLINOIS Video Gaming (General) 11 Ill. Adm. Code 1800...... 9788 Riverboat Gambling 86 Ill. Adm. Code 3000...... 9801 HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF Hospital Services 89 Ill. Adm. Code 148...... 9813 REVENUE, DEPARTMENT OF

Retailers' Occupation Tax 86 Ill. Adm. Code 130...... 9841 PEREMPTORY RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF Pay Plan 80 Ill. Adm. Code 310...... 9886 PUBLIC HEARINGS ON PROPOSED RULES HUMAN SERVICES, DEPARTMENT OF Developmental Disabilities Services...... 9919 SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices Received...... 9921 EXECUTIVE ORDERS AND PROCLAMATIONS PROCLAMATIONS Sister Jean Day 2019-141...... 9922

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 2019

Issue# Rules Due Date Date of Issue 1 December 26, 2018 January 4, 2019 2 December 31, 2018 January 11, 2019 3 January 7, 2019 January 18, 2019 4 January 14, 2019 January 25, 2019 5 January 22, 2019 February 1, 2019 6 January 28, 2019 February 8, 2019 7 February 4, 2019 February 15, 2019 8 February 11, 2019 February 22, 2019 9 February 19, 2019 March 1, 2019 10 February 25, 2019 March 8, 2019 11 March 4, 2019 March 15, 2019 12 March 11, 2019 March 22, 2019 13 March 18, 2019 March 29, 2019 14 March 25, 2019 April 5, 2019 15 April 1, 2019 April 12, 2019 16 April 8, 2019 April 19, 2019 17 April 15, 2019 April 26, 2019 18 April 22, 2019 May 3, 2019 19 April 29, 2019 May 10, 2019 20 May 6, 2019 May 17, 2019 21 May 13, 2019 May 24, 2019

22 May 20, 2019 May 31, 2019 23 May 28, 2019 June 7, 2019 24 June 3, 2019 June 14, 2019 25 June 10, 2019 June 21, 2019 26 June 17, 2019 June 28, 2019 27 June 24, 2019 July 5, 2019 28 July 1, 2019 July 12, 2019 29 July 8, 2019 July 19, 2019 30 July 15, 2019 July 26, 2019 31 July 22, 2019 August 2, 2019 32 July 29, 2019 August 9, 2019 33 August 5, 2019 August 16, 2019 34 August 12, 2019 August 23, 2019 35 August 19, 2019 August 30, 2019 36 August 26, 2019 September 6, 2019 37 September 3, 2019 September 13, 2019 38 September 9, 2019 September 20, 2019 39 September 16, 2019 September 27, 2019 40 September 23, 2019 October 4, 2019 41 September 30, 2019 October 11, 2019 42 October 7, 2019 October 18, 2019 43 October 15, 2019 October 25, 2019 44 October 21, 2019 November 1, 2019 45 October 28, 2019 November 8, 2019 46 November 4, 2019 November 15, 2019 47 November 12, 2019 November 22, 2019 48 November 18, 2019 December 2, 2019 49 November 25, 2019 December 6, 2019 50 December 2, 2019 December 13, 2019 51 December 9, 2019 December 20, 2019 52 December 16, 2019 December 27, 2019

v ILLINOIS REGISTER 9304 19 ELEVATOR SAFETY REVIEW BOARD

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: Illinois Elevator Safety Rules

2) Code Citation: 41 Ill. Adm. Code 1000

3) Section Number: Proposed Action: 1000.60 Amendment

4) Statutory Authority: Implementing and authorized by Section 35 of the Elevator Safety and Regulation Act [225 ILCS 312/35]

5) A Complete Description of the Subjects and Issues Involved: This proposed amendment changes would incorporate nationally recognized technical codes which were recently published and are required by Section 35(a) of the Elevator Safety and Regulation Act ("Act") to be incorporated into the rule promulgated under that Act, [225 ILCS 312/35(a)].

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

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

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

9) Does this rulemaking contain incorporations by reference? Yes. A variety of codes and standards developed by independent nationally recognized associations and work groups have been incorporated and are available for public inspection at:

Office of the State Fire Marshal 100 W. Randolph St., Suite 4-600 Chicago IL 60601

fax: 312/814-3459

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

11) Statement of Statewide Policy Objective: This proposed rulemaking does not create or enlarge a State mandate, as defined in Section 3(b) of the State Mandates Act [30 ILCS 805/3(b)].

ILLINOIS REGISTER 9305 19 ELEVATOR SAFETY REVIEW BOARD

NOTICE OF PROPOSED AMENDMENT

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Persons wishing to comment on this proposed rulemaking may submit comments no later than 45 days after the publication of this Notice to:

Nancy Robinson Legal Division Office of the State Fire Marshal 1035 Stevenson Drive Springfield IL 62703

217/785-7629 fax: 217/524-5487

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not-for-profit corporations affected:

i. Any small business that inspects, installs, repairs or maintains a regulated conveyance may be affected. ii. Municipalities that inspect regulated conveyances will be required to enforce these new codes locally, per their municipal elevator agreements with OSFM. iii. Small businesses and not-for-profit corporations may be affected if they are the registered owner of a regulated conveyance that is inspected, installed, repaired or maintained.

B) Reporting, bookkeeping or other procedures required for compliance:

i. Individuals and companies that inspect, install, repair or maintain regulated conveyances are required to maintain records on licenses, applications, inspections, installations, repairs and maintenance of individual regulated conveyances. ii. Units of local government that permit and/or inspect regulated conveyances are required to maintain records on such activity.

C) Types of professional skills necessary for compliance: Individuals prove competence to inspect, install, repair and maintain regulated conveyances by either experience, education or testing, which demonstrates conformance to

ILLINOIS REGISTER 9306 19 ELEVATOR SAFETY REVIEW BOARD

NOTICE OF PROPOSED AMENDMENT

national standards published for the particular type of conveyance upon which the individual seeks to be licensed to perform inspections, installations, repairs or maintenance.

14) Small Business Impact Analysis:

A) Types of businesses subject to the proposed amendment: Those businesses that inspect, install, repair or maintain individual conveyances, and any business that is the registered owner of an individual conveyance, which commonly may include these industries:

31-33 Manufacturing 42 Wholesale Trade 44-45 Retail Trade 48-49 Transportation and Warehousing 51 Information 52 Finance and Insurance 53 Real Estate Rental and Leasing 54 Professional, Scientific, and Technical Services 55 Management of Companies and Enterprises 56 Administrative and Support and Waste Management and Remediation Services 61 Educational Services 62 Health Care and Social Assistance 71 Arts, Entertainment, and Recreation 72 Accommodation and Food Services 81 Other Services (except Public Administration) 92 Public Administration

B) Categories that the Agency reasonably believes the rulemaking will impact, including:

ii regulatory requirements viii record keeping

15) Regulatory Agenda on which this rulemaking was summarized: July 2019

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

ILLINOIS REGISTER 9307 19 ELEVATOR SAFETY REVIEW BOARD

NOTICE OF PROPOSED AMENDMENT

TITLE 41: FIRE PROTECTION CHAPTER II: ELEVATOR SAFETY REVIEW BOARD

PART 1000 ILLINOIS ELEVATOR SAFETY RULES

Section 1000.10 Purpose of this Part 1000.20 Applicability 1000.30 Definitions 1000.40 Local Regulation 1000.50 Elevator Safety Review Board 1000.60 Adoption of Nationally Recognized Safety Codes 1000.70 Variance and Appeal 1000.75 New Technology 1000.80 Licensure and Registration Requirements 1000.90 Application for License or Registration 1000.100 License and Registration Fees 1000.110 Renewal of License 1000.120 Registration of Conveyances 1000.130 Permits 1000.140 Conveyance Inspection 1000.145 Request for Investigation 1000.150 Certificate of Operation 1000.160 Administrative Hearing 1000.170 Administrative Procedures 1000.180 Service or Inspection of Non-Compliant Conveyances 1000.190 Conveyance Maintenance, Repair, and Upgrade History

AUTHORITY: Implementing and authorized by Section 35 of the Elevator Safety and Regulation Act [225 ILCS 312/35].

SOURCE: Adopted by emergency rule at 30 Ill. Reg. 13186, effective July 21, 2006, for a maximum of 150 days; emergency expired December 17, 2006; adopted at 31 Ill. Reg. 7043, effective April 24, 2007; amended at 32 Ill. Reg. 8377, effective May 27, 2008; amended at 33 Ill. Reg. 5750, effective April 2, 2009; amended at 36 Ill. Reg. 13131, effective October 1, 2012; amended at 39 Ill. Reg. 3417, effective February 19, 2015; amended at 43 Ill. Reg. ______, effective ______.

ILLINOIS REGISTER 9308 19 ELEVATOR SAFETY REVIEW BOARD

NOTICE OF PROPOSED AMENDMENT

Section 1000.60 Adoption of Nationally Recognized Safety Codes

a) All conveyances shall be designed, constructed, installed, operated, inspected, tested, maintained, altered and repaired in accordance with the following standards and safety codes:

1) American Society of Mechanical Engineers (ASME) Three Park Avenue New York NY 10016-5990

A) Safety Code for Elevators and Escalators (ASME A17.1-20162013/CSA B44-20162013) and Performance-Based Safety Code for Elevators and Escalators (ASME A17.7- 2007/CSA B44.7-07 reaffirmed 2012).;

Modifications to the Safety Code for Elevators and Escalators (ASME A17.1-2016/CSA B44-2016). Witnessing of Initiating Devices. Fireman's Emergency Operation (FEO) shall be tested annually by recalling the elevators with the initiating devices. Documentation of the test results shall be kept on site with the maintenance control program. The test shall be conducted as follows:

i) an Illinois-licensed elevator inspector shall witness the activation of each initiating device in the elevator hoistway and elevator machine room on an annual basis to ensure proper operation of the elevator fireman's recall system;

ii) each remaining initiating device above the elevator entrances related to the fireman's recall system shall be witnessed by an Illinois-licensed elevator inspector. This shall be accomplished by alternating the witnessing of all odd floors one year and all even floors the following year, with all odd floors corresponding to odd years and all even floors corresponding to even years. For example, all even floors shall be witnessed for the year 2020, and all odd floors shall be witnessed for the year 2021; and

ILLINOIS REGISTER 9309 19 ELEVATOR SAFETY REVIEW BOARD

NOTICE OF PROPOSED AMENDMENT

iii) a conveyance that is in a building that is on a triennial inspection schedule must have the activation of all the initiating devices witnessed by an Illinois-licensed elevator inspector on a triennial basis;

B) Safety Code for Existing Elevators and Escalators (ASME A17.3-2005), but only as required under Section 35(h) and (i) of the Act and subsection (d) of this Section;

C) Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18.1-20172011);

D) Standard for the Qualification of Elevator Inspectors (ASME QEI-1-2013).

2) American Society of Civil Engineers (ASCE) 1801 Alexander Bell Drive Reston VA 20191-4400

Automated People Mover Standards (ANSI/ASCE/T&DI 21-13). b) All the materials incorporated by reference in this Section are incorporated as of the date specified and include no later editions or amendments. c) The Board shall adopt, or amend and adopt, the latest editions of the standards referenced in this Section within 12 months after the effective date of the standards. [225 ILCS 312/35(a)] d) Upgrade Requirements for Existing Conveyances

1) Notwithstanding anything else in this Part, the following upgrade requirements of the 2007 edition of the Safety Code for Elevators and Escalators (ASME A17.1) and the 2005 edition of the Safety Code for Existing Elevators (ASME A17.3) must be completed by January 1, 2015, but OSFM or the Local Administrator may not require their completion prior to January 1, 2013:

A) Restricted opening of hoistway doors or car doors on passenger elevators in accordance with ASME A17.3-2005;

ILLINOIS REGISTER 9310 19 ELEVATOR SAFETY REVIEW BOARD

NOTICE OF PROPOSED AMENDMENT

B) Car illumination in accordance with ASME A17.3-2005;

C) Emergency operation and signaling devices in accordance with ASME A17.3-2005;

D) Phase reversal and failure protection in accordance with ASME A17.3-2005;

E) Reopening device for power operated doors or gates in accordance with ASME A17.3-2005;

F) Stop switch pits in accordance with ASME A17.3-2005; and

G) Pit ladder installation in accordance with Section 2.2.4.2 of ASME A17.1-2007.

2) In the event that a conveyance regulated by this Part is altered, the alteration shall comply with ASME A17.1-20162010/CSA B44-20162010.

3) Notwithstanding anything else in this Section, the firefighter's emergency operation and the hydraulic elevator cylinder, including the associated safety devices outlined in Section 4.3.3(b) of ASME A17.3-2005, are not required to be upgraded unless:

A) There is an alteration;

B) The equipment fails; or

C) Failing to replace the equipment jeopardizes the public safety and welfare as determined by the Local Administrator or the Board. [225 ILCS 312/35(h) and (i)] e) Non-Mandatory Guidelines. It is recommended that all conveyances be inspected and tested in accordance with the following recommended practices. The following list should not be interpreted as excluding other practices recommended by equipment manufacturers.

American Society of Mechanical Engineers (ASME)

ILLINOIS REGISTER 9311 19 ELEVATOR SAFETY REVIEW BOARD

NOTICE OF PROPOSED AMENDMENT

Three Park Avenue New York NY 10016-5990

Guide for Inspection of Elevators, Escalators, and Moving Walks (ASME A17.2-20172012)

(Source: Amended at 43 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 9312 19 ILLINOIS GAMING BOARD

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Video Gaming (General)

2) Code Citation: 11 Ill. Adm. Code 1800

3) Section Numbers: Proposed Actions: 1800.1910 New Section 1800.1920 New Section 1800.1930 New Section 1800.1940 New Section

4) Statutory Authority: Authorized by Section 78 of the Video Gaming Act (VGA) [230 ILCS 40/78 (a) (3) and (b)].

5) A Complete Description of the Subjects and Issues Involved: This rulemaking implements amendments to the Illinois Gambling Act contained in PA 101-31, effective June 28, 2019, that change how the Illinois Gaming Board (IGB or Board) obtains independent testing laboratory services. Before the enactment of this legislation, the IGB was required to contract with one or more testing laboratories through the State's procurement process, even though the cost of these services was passed on to the licensees. PA 101-31 provides that upon the finalization of required rules, the IGB "shall license independent testing laboratories and accept the test reports of any independent testing laboratory of the video gaming machine's or associated equipment manufacturer's choice, notwithstanding the existence of contracts between the Board and any independent testing laboratory" [230 ILCS 40/15].

The present rulemaking establishes licensing criteria, application procedures and duties of a licensed independent testing laboratory. The rulemaking also authorizes the Administrator of the IGB to create technical standards that the testing laboratories must include in their reports for video game testing.

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

7) Will this rulemaking replace an 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

ILLINOIS REGISTER 9313 19 ILLINOIS GAMING BOARD

NOTICE OF PROPOSED AMENDMENTS

10) Are there any rulemakings pending on this Part? Yes

Section Numbers: Proposed Actions: Illinois Register Citations: 1800.110 Amendment 43 Ill. Reg. 9261, August 13, 2019 1800.250 Amendment 43 Ill. Reg. 9261, August 13, 2019 1800.420 Amendment 43 Ill. Reg. 9261, August 13, 2019 1800.430 Amendment 43 Ill. Reg. 9261, August 13, 2019 1800.540 Amendment 43 Ill. Reg. 9261, August 13, 2019 1800.580 Amendment 43 Ill. Reg. 9261, August 13, 2019 1800.1810 New Section 43 Ill. Reg. 9261, August 13, 2019

11) Statement of Statewide Policy Objective: This rulemaking does not create or expand a State mandate under 30 ILCS 805.

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Any interested person may submit comments in writing concerning this proposed rulemaking not later than 45 days after publication of this Notice in the Illinois Register to:

Agostino Lorenzini General Counsel Illinois Gaming Board 160 North LaSalle Street Chicago IL 60601

fax: 312/814-7253 [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: This rulemaking establishes a regulatory requirement that independent testing laboratories shall report to the Illinois Gaming Board the results of all tests conducted pursuant to the Video Gaming Act..

ILLINOIS REGISTER 9314 19 ILLINOIS GAMING BOARD

NOTICE OF PROPOSED AMENDMENTS

C) Types of professional skills necessary for compliance: No new professional skills will be required.

14) Small Business Impact Analysis:

A) Types of businesses subject to the proposed rules:

54 Professional, Scientific, and Technical Services

B) Categories that the Agency reasonably believes the rulemaking will impact, including:

ii. regulatory requirements

15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not summarized in a regulatory agenda because the need for the rulemaking was not anticipated.

The full text of the Proposed Amendments is identical to that of the Emergency Amendments found in this issue of the Illinois Register on page 9788.

ILLINOIS REGISTER 9315 19 ILLINOIS GAMING BOARD

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Riverboat Gambling

2) Code Citation: 86 Ill. Adm. Code 3000

3) Section Numbers: Proposed Actions: 3000.287 New Section 3000.288 New Section

4) Statutory Authority: Implementing and authorized by Section 5 (c)(2), (3) and (6) of the Illinois Gambling Act as amended by PA 101-31, effective June 28, 2019.

5) A Complete Description of the Subjects and Issues Involved: This rulemaking implements a provision in PA 101-31, effective June 28, 2019, that amends the Illinois Gambling Act by changing the way the Board obtains independent testing lab services. Despite the fact that the cost of these services was passed on to the licensees, the IGB was required before the enactment of this public act to contract with one or more testing labs through the State's procurement process. Pursuant to new statutory language contained in Section 5 (a)(7.5) of the Illinois Gambling Act, the rulemaking provides that any independent outside testing laboratory that holds an accreditation in accordance with ISO/IEC 17025 by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement, and is authorized to perform independent testing laboratory services in a gaming jurisdiction similar to Illinois, is licensed to perform independent testing laboratory services in Illinois. The rulemaking establishes licensing criteria, application procedures and duties of a licensed independent testing laboratory.

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

7) Will this rulemaking replace an 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 rulemakings pending on this Part? No

11) Statement of Statewide Policy Objective: This rulemaking does not create or expand a State mandate under 30 ILCS 805.

ILLINOIS REGISTER 9316 19 ILLINOIS GAMING BOARD

NOTICE OF PROPOSED AMENDMENTS

Agostino Lorenzini General Counsel Illinois Gaming Board 160 North LaSalle Street Chicago IL 60601

fax: 312/814-7253 [email protected]

13) Initial Regulatory Flexibility Analysis:

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

C) Types of professional skills necessary for compliance: No new professional skills will be required.

14) Small business impact analysis:

A) Types of businesses subject to the proposed rule:

54 Professional, Scientific, and Technical Services

B) Categories that the Agency reasonably believes the rulemaking will impact, including:

ii. regulatory requirements

ILLINOIS REGISTER 9317 19 ILLINOIS GAMING BOARD

NOTICE OF PROPOSED AMENDMENTS

15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not summarized in a regulatory agenda because the need for it was not anticipated.

The full text of the Proposed Amendments is identical to that of the Emergency Amendments found in this issue of the Illinois Register on page 9801.

ILLINOIS REGISTER 9318 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: Hospital Services

2) Code Citation: 89 Ill. Adm. Code 148

3) Section Number: Proposed Action: 148.140 Amendment

4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13]

5) Complete Description of the Subjects and Issues Involved: This proposed amendment increases the outpatient services statewide-standardized amount for each Critical Access Hospital by 23% and implements a corresponding decrease to the outpatient services statewide-standardized amount for non-Critical Access Hospitals pursuant to P.A. 100- 1181.

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? No

11) Statement of Statewide Policy Objective: This rulemaking does not affect units of local government.

12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Any interested parties may submit comments, data, views, or arguments concerning this proposed rulemaking. All comments must be in writing and should be addressed to:

Christopher Gange Acting General Counsel Illinois Department of Healthcare and Family Services 201 South Grand Avenue East, 3rd Floor Springfield IL 62763-0002

ILLINOIS REGISTER 9319 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF PROPOSED AMENDMENT

[email protected]

The Department requests the submission of written comments within 45 days after the publication of this Notice. The Department will consider all written comments it receives during the first notice period as required by Section 5-40 of the Illinois Administrative Procedure Act [5 ILCS 100/5-40].

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: July 2019

The full text of the Proposed Amendment is identical to the Emergency Amendment that begins on page 9813:

ILLINOIS REGISTER 9320 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: Diagnosis Related Grouping (DRG) Prospective Payment System (PPS)

2) Code Citation: 89 Ill. Adm. Code 149

3) Section Number: Proposed Action: 149.100 Amendment

4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13]

5) Complete Description of the Subjects and Issues Involved: This proposed amendment adds diagnosis related groupings (DRGs) to the list of DRGs that may qualify for hospital inpatient claims payment policy adjustments.

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 affect units of local government.

Christopher Gange Acting General Counsel Illinois Department of Healthcare and Family Services 201 South Grand Avenue East, 3rd Floor Springfield IL 62763-0002

ILLINOIS REGISTER 9321 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF PROPOSED AMENDMENT

[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 by the Department when the most recent regulatory agendas were published.

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

ILLINOIS REGISTER 9322 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF PROPOSED AMENDMENT

TITLE 89: SOCIAL SERVICES CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES SUBCHAPTER d: MEDICAL PROGRAMS

PART 149 DIAGNOSIS RELATED GROUPING (DRG) PROSPECTIVE PAYMENT SYSTEM (PPS)

Section 149.5 Diagnosis Related Grouping (DRG) Prospective Payment System (PPS) (Repealed) 149.10 Applicability of Other Provisions 149.25 General Provisions 149.50 Hospital Inpatient Services Subject to and Excluded from the DRG Prospective Payment System 149.75 Conditions for Payment Under the DRG Prospective Payment System 149.100 Methodology for Determining DRG PPS Payment Rates 149.105 Payment For Outlier Cases 149.125 Special Treatment of Certain Facilities (Repealed) 149.140 Methodology for Determining Primary Care Access Health Care Education Payments (Repealed) 149.150 Payments to Hospitals Under the DRG Prospective Payment System (Repealed) 149.175 Payments to Contracting Hospitals (Repealed) 149.200 Admitting and Clinical Privileges (Repealed) 149.205 Inpatient Hospital Care or Services by Non-Contracting Hospitals Eligible for Payment (Repealed) 149.225 Payment to Hospitals for Inpatient Services or Care not Provided under the ICARE Program (Repealed) 149.250 Contract Monitoring (Repealed) 149.275 Transfer of Recipients (Repealed) 149.300 Validity of Contracts (Repealed) 149.305 Termination of ICARE Contracts (Repealed) 149.325 Hospital Services Procurement Advisory Board (Repealed)

AUTHORITY: Implementing and authorized by Articles III, IV, V, VI and VII and Section 12- 13 of the Illinois Public Aid Code [305 ILCS 5].

SOURCE: Recodified from 89 Ill. Adm. Code 140.940 through 140.972 at 12 Ill. Reg. 7401; amended at 12 Ill. Reg. 12095, effective July 15, 1988; amended at 13 Ill. Reg. 554, effective January 1, 1989; amended at 13 Ill. Reg. 15070, effective September 15, 1989; amended at 15 Ill.

ILLINOIS REGISTER 9323 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF PROPOSED AMENDMENT

Reg. 1826, effective January 28, 1991; emergency amendment at 15 Ill. Reg. 16308, effective November 1, 1991, for a maximum of 150 days; amended at 16 Ill. Reg. 6195, effective March 27, 1992; emergency amendment at 16 Ill. Reg. 11937, effective July 10, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 14733, effective October 1, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 19868, effective December 7, 1992; amended at 17 Ill. Reg. 3217, effective March 1, 1993; emergency amendment at 17 Ill. Reg. 17275, effective October 1, 1993, for a maximum of 150 days; amended at 18 Ill. Reg. 3378, effective February 25, 1994; amended at 19 Ill. Reg. 10674, effective July 1, 1995; amended at 21 Ill. Reg. 2238, effective February 3, 1997; emergency amendment at 22 Ill. Reg. 13064, effective July 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 19866, effective October 30, 1998; amended at 25 Ill. Reg. 8775, effective July 1, 2001; amended at 26 Ill. Reg. 13676, effective September 3, 2002; emergency amendment at 27 Ill. Reg. 11080, effective July 1, 2003, for a maximum of 150 days; amended at 27 Ill. Reg. 18872, effective November 26, 2003; amended at 28 Ill. Reg. 2836, effective February 1, 2004; amended at 38 Ill. Reg. 15477, effective July 2, 2014; amended at 41 Ill. Reg. 1059, effective January 19, 2017; emergency amendment at 42 Ill. Reg. 13876, effective July 2, 2018, for a maximum of 150 days; amended at 42 Ill. Reg. 22533, effective November 28, 2018; amended at 43 Ill. Reg. ______, effective ______.

Section 149.100 Methodology for Determining DRG PPS Payment Rates

Effective for dates of discharge on or after July 1, 2014:

a) Inpatient hospital services that are not excluded from the DRG PPS pursuant to Section 149.50(b) shall be reimbursed as determined in this Section.

b) Total DRG PPS Payment. Under the DRG PPS, services to inpatients who are:

1) Discharges shall be paid pursuant to subsection (c).

2) Transfers shall be paid pursuant to subsection (g).

3) The total payment for an inpatient stay will equal the sum of the payment determined in subsection (c) or (g), as applicable, and any applicable adjustments to payment specified in 89 Ill. Adm. Code 148.290.

c) DRG PPS Payment for Discharges. The reimbursement to hospitals for inpatient services based on discharges shall be the product, rounded to the nearest hundredth, of the following:

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1) The greater of:

A) 1.0000; or

B) highest policy adjustment factor, as defined in subsection (f), for which the inpatient stay qualifies.

2) The sum of the DRG base payment, as defined in subsection (d), and any applicable outlier adjustment, as determined in Section 149.105, for which the claim qualifies. d) For in-state (as defined in Section 148.140), non-Large Public Hospitals, the DRG base payment for a claim shall be the product, rounded to the nearest hundredth, of:

1) The DRG weighting factor of the DRG and SOI, to which the inpatient stay was assigned by the DRG grouper.

2) The DRG base rate, equal to the sum of:

A) The product, rounded to the nearest hundredth, of the Medicare IPPS labor share percentage, Medicare inpatient prospective payment system (IPPS) wage index, in-state standardized amount and graduate medical education (GME) factor.

B) The product, rounded to the nearest hundredth, of the Medicare IPPS non-labor share percentage, the in-state standardized amount and the GME factor.

3) Effective July 1, 2018, for out-of-state, cost reporting hospitals, the DRG base payment for a claim shall be the product, rounded to the nearest hundredth, of:

A) The DRG weighting factor of the DRG and SOI, to which the inpatient stay was assigned by the DRG grouper; and

B) The DRG base rate, equal to the sum of:

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i) The product, rounded to the nearest hundredth, of the Medicare IPPS labor share percentage, Medicare IPPS wage index, the out-of-state standardized amount and the GME factor.

ii) The product, rounded to the nearest hundredth, of the Medicare IPPS non-labor share percentage, the out-of-state standardized amount and the GME factor. e) Medicare IPPS Wage Index. For purposes of this Section, the Medicare IPPS wage index is determined based on:

1) For Medicare IPPS hospitals that are in-state or are out-of-state Medicaid cost reporting hospitals, the wage index is based on the Medicare inpatient prospective payment system post-reclass wage index effective at the beginning of the federal fiscal year starting three months prior to the calendar year during which the discharge occurred; except, for the calendar year beginning January 1, 2014, the wage index is based on the Medicare IPPS hospital post-reclass wage index effective October 1, 2012.

2) For in-state non-Medicare IPPS hospitals and out-of-state non-Medicaid cost reporting hospitals, the wage index is based on the Medicare inpatient prospective payment system wage index for the hospital's Medicare CBSA effective at the beginning of the federal fiscal year starting three months prior to the calendar year during which the discharge occurred; except, for the calendar year beginning January 1, 2014, the wage index is based on the Medicare IPPS wage index for the hospital's Medicare CBSA effective October 1, 2012. f) Policy Adjustments. Claims for inpatient stays that meet certain criteria may qualify for further adjustments to payment.

1) Transplantation Services

A) Policy adjustment factor: 2.11.

B) Qualifying Criteria

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i) The hospital meets all requirements to perform transplantation services, including but not limited to those detailed in 89 Ill. Adm. Code 148.82.

ii) The claim has been grouped to one of the following DRGs:

001 Liver transplant. 002 Heart and/or lung transplant. 003 Bone marrow transplant. 006 Pancreas transplant. 007 Allogeneic bone marrow transplant. 008 Autologous bone marrow. 440 Kidney transplant.

2) Trauma Services

A) Policy adjustment factor:

i) 2.9100, if the hospital is a level I trauma center.

ii) 2.7600, if the hospital is a level II trauma center.

B) Criteria:

i) Hospital is recognized by the Department of Public Health as a level I or II trauma center on the date of admission.

ii) The claim has been grouped to one of the following DRG:

010 Head trauma with deep coma. 020 Craniotomy for trauma. 055 Head trauma, with coma lasting more than one hour or no coma. 056 Brain contusion/laceration and complicated skull fracture, coma less than one hour or no coma. 057 Concussion, closed skull fracture not otherwise specified, uncomplicated intracranial injury, coma less than one hour or no coma. 135 Major chest and respiratory trauma.

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308 Hip and femur procedures for trauma, except joint replacement. 384 Contusion, open wound and other trauma to skin and subcutaneous tissue. 841 Extensive third degree burns with skin graft, as of July 1, 2018. 842 Full thickness burns with graft, as of July 1, 2018. 843 Extensive burns without skin graft, as of July 1, 2018. 844 Partial thickness burns with or without graft, as of July 1, 2018. 910 Craniotomy for multiple significant trauma. 911 Extensive abdominal/thoracic procedures for multiple significant trauma. 912 Musculoskeletal and other procedures for multiple significant trauma. 930 Multiple significant trauma, without operating room procedure. 3) Perinatal Services

A) Policy adjustment factor:

i) 1.3500, if the DRG to which the claim is grouped has an SOI of 1.

ii) 1.4300, if the DRG to which the claim is grouped has an SOI of 2.

iii) 1.4100, if the DRG to which the claim is grouped has an SOI of 3.

iv) 1.5400, if the DRG to which the claim is grouped has an SOI of 4.

B) Criteria:

i) Hospital was recognized by the Department of Public Health as a level III perinatal center on the date of admission. Effective July 1, 2018, hospital was recognized

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by the Department of Public Health as a level II or II+ or III perinatal center on the date of admission.

ii) The claim has been grouped to one of the following major diagnostic categories (MDC):

14 Pregnancy, childbirth and puerperium.

15 Newborn and other neonates.

4) Safety Net

A) Policy adjustment factor: $57.50 per general acute care day.

B) Qualifying criteria: safety-net hospital defined in 305 ILCS 5/5- 5e.1 excluding pediatric hospitals as defined in 89 Ill. Adm. Code 148.25(d)(3).

C) Effective: for dates of service on and after July 1, 2014.

5) Crossover Adjustment Factor effective July 1, 2018. DRG standardized amounts, as defined in subsection (i), shall be reduced by a Crossover Adjustment factor such that:

A) The absolute value of the total simulated payment reduction that occurs when applying the Crossover Adjustment factor to simulated DRG payments, including Policy Adjustments, using general acute hospital inpatient base period claims data, is equal to:

B) The difference of: total simulated DRG payments using general acute hospital inpatient crossover claims data, and general acute hospital inpatient crossover claims data total reported Medicaid net liability. g) DRG PPS Payment for Transfers. The reimbursement to hospitals for inpatient services provided to transfers shall be the lesser of:

1) The amount that would have been paid pursuant to subsection (c) had the inpatient been a discharge; or

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2) The product, rounded to the nearest hundredth, of the following:

A) The quotient resulting from dividing the amount that would have been paid pursuant to subsection (c) had the inpatient been a discharge by the DRG average length of stay for the DRG to which the inpatient claim has been assigned.

B) The length of stay plus the constant 1.0. h) Updates to DRG PPS Reimbursement. The Department may annually review the components listed in subsection (c) and make adjustments as needed. Grouper shall be updated at least triennially and no more frequently than annually. i) Definitions

"Allocated static payments" means the adjustment payments made to the hospital pursuant to 89 Ill. Adm. Code 148.105, 148.115, 148.126, 148.295, 148.296 and 148.298 during State fiscal year 2011, excluding those payments that continue after July 1, 2014, pursuant to the methodologies outlined in rule as of February 21, 2014 (see https://www.illinois.gov/hfs/medicalproviders/hospitals/ hospitalratereform/Pages/default.aspx), as determined by the Department, allocated to general acute services based on the ratio of general acute claim charges to total inpatient claim charges determined using inpatient base period claims data.

"Allowed amounts", effective July 1, 2018, means the calculated fee schedule amount prior to any adjustment for secondary payer amounts for fiscal year 2015 MCO encounter data adjusted with a completion factor and fee-for-service claims data, excluding Medicare dual eligible claims.

"Discharge" means a hospital inpatient that:

has been formally released from the hospital, except when the patient is a transfer; or

died in the hospital.

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"DRG" means diagnosis related group, as defined in the DRG grouper, based on the principal diagnosis, surgical procedure used, age of patient, etc.

"DRG average length of stay" means, for each DRG and SOI combination, the national arithmetic mean length of stay for that combination rounded to the nearest tenth, as published by 3M Health Information Systems for the DRG grouper.

"DRG grouper" means:

Prior to January 1, 2014, the most recently released version of the All Patient Refined Diagnosis Related Grouping (APR-DRG) software, distributed by 3M Health Information Systems, available to the Department as of January 1 of the calendar year during which the discharge occurred.

Effective January 1, 2014, version 30 of the APR-DRG software.

Effective July 1, 2018, DRG grouper version 33 of the All Patient Refined Diagnosis Related Grouping (APR-DRG) software, distributed by 3M Health Information Systems.

"DRG PPS" means the DRG prospective payment system described in this Part.

"DRG weighting factor" means each DRG and SOI combination shall equal the product, rounded to the nearest ten-thousandth, of the national weighting factor for that combination, as published by 3M Health Information Systems for the DRG grouper and the Illinois experience adjustment.

"GME factor" means the Graduate Medical Education factor applied to major teaching hospitals, as defined in 89 Ill. Adm. Code 148.25(h). Simulated payments under the new inpatient system with GME factor adjustments shall be $3 million greater than simulated payments under the new inpatient system would have been without the GME factor adjustments, using inpatient base period paid claims data.

"Illinois experience adjustment" means:

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for the calendar year beginning January 1, 2014, a quotient, computed by dividing the constant 1.0000 by the arithmetic mean 3M APR-DRG national weighting factors of claims for inpatient stays subject to reimbursement under the DRG PPS using inpatient base period paid claims data, rounded to the nearest ten-thousandth;

for subsequent calendar years, the factor applied to 3M APR-DRG national weighting factors, when updating DRG grouper versions determined such that the arithmetic mean DRG weighting factor under the new DRG grouper version is equal to the arithmetic mean DRG weighting factor under the prior DRG grouper version using inpatient base period claims data.

"Inpatient base period claims data" means:

Prior to July 1, 2018, State fiscal year 2011 inpatient Medicaid fee-for- service paid claims data, excluding Medicare dual eligible claims, for DRG PPS payment for services provided in State fiscal years 2015, 2016 and 2017; for subsequent dates of service, the most recently available adjudicated 12 months of inpatient paid claims data to be identified by the Department.

Effective July 1, 2018, State fiscal year 2015 inpatient Medicaid claims data allowed amounts, for DRG PPS payment for services provided in State fiscal years 2019 and 2020 for subsequent dates of service, the most recently available adjudicated 12 months of inpatient paid claims data to be identified by the Department.

"Inpatient stay" means a formal admission into a hospital, pursuant to the order of a licensed practitioner permitted by the state in which the hospital is located to admit patients to a hospital that requires at least one overnight stay.

"In-state standardized amount", effective July 1, 2018, means, for all Illinois hospitals and out-of-state hospitals that are designated a level I pediatric trauma center or a level I trauma center by the Illinois Department of Public Health as of December 1, 2017, the average amount as the basis for the DRG base rate established by the Department, such that simulated DRG PPS allowed amounts, less PA 97-689 reductions, results in approximately a $238.5 million increase inclusive of policy adjustors effective July 1, 2018, as defined in subsections

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(f)(2) and (f)(3), compared to the sum of the inpatient based period claims data allowed amounts.

"Length of stay" means the number of days the patient was an inpatient in the hospital, with the day the patient became a discharge or transfer not counting toward the length of stay.

"Medical assistance" means one of the programs administered by the Department that provides health care coverage to Illinois residents.

"Medicare CBSA" means the Core-Based Statistical Areas for a hospital's location effective in the Medicare inpatient prospective payment system at the beginning of the federal fiscal year starting three months prior to the calendar year during which the discharge occurred.

"Medicare IPPS labor share percentage" means the Medicare inpatient prospective payment system operating standardized amount labor share percentage for the federal fiscal year ending three months prior to the calendar year during which the discharge occurred; except, for the calendar year beginning January 1, 2014, the labor share percentage in the Medicare inpatient prospective payment system for the federal fiscal year beginning October 1, 2012, which is 0.6880 for a hospital with a Medicare IPPS wage index greater than 1.0 or 0.6200 for all other hospitals.

"Medicare IPPS non-labor share" means the difference of 1.0 and the Medicare IPPS labor share percentage.

"MDC" means major diagnostic category – group of similar DRGs, such as all those affecting a given organ system of the body.

"Out-of-state standardized amount", effective July 1, 2018, means, for cost- reporting hospitals located outside of Illinois that are not included in the in-state standardized amount definition, the average amount as the basis for the DRG base rate established by the Department, such that simulated DRG PPS allowed amounts, without PA 97-689 reductions or GME factor adjustments, using general acute hospital inpatient based period claims data, are equal to the sum of inpatient based period claims data allowed amounts.

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"SOI" means one of four subclasses of each DRG, as published by 3M Health Information Systems for the DRG grouper that relate to severity of illness (the extent of physiologic decompensation or organ system loss of function experienced by the patient) and risk of (the likelihood of) dying.

"Statewide standardized amount" means the average amount as the basis for the DRG base rate established by the Department such that simulated DRG PPS payments, without P.A. 97-0689 reductions or GME factor adjustments, using general acute hospital inpatient based period paid claims data, are $355 million less than the sum of inpatient based period paid claims data reported payments and allocated inpatient static payments.

"Transfer" means a hospital inpatient that has been placed in the care of another hospital, except that a transfer does not include an inpatient claim that has been assigned to DRG 580 (Neonate, transferred, less than five days old, not born here) or 581 (Neonate, transferred, less than five days old, born here).

(Source: Amended at 43 Ill. Reg. ______, effective ______)

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1) Heading of the Part: Liquor Control Act

2) Code Citation: 86 Ill. Adm. Code 420

3) Section Number: Proposed Action: 420.80 Amendment

4) Statutory Authority: 235 ILCS 5/8-13

5) A Complete Description of the Subjects and Issues Involved: Executive Order No. 2003- 9 transferred clerks, management and staff support, employees, and other resources from the State Commission to the Department of Revenue. PA 100-1050, effective July 1, 2019, supersedes Executive Order No. 2003-9. PA 100-1050 makes the Liquor Control Commission an independent commission with 3 commissioners and an Executive Director, all to be appointed by the Governor. The Liquor Control Commission is responsible for administering and enforcing the Liquor Control Act, except for Article VIII. The Department of Revenue remains responsible for administering and enforcing the taxes imposed in Article VIII. Because authority for administering the Act is vested in two agencies, Section 420.80 is being amended to allow representatives of the Liquor Control Commission to witness the destruction of alcoholic liquors. The Part is also being amended to allow Department of Revenue and Commission representatives to provide prior approval of destruction of alcoholic liquors, thus eliminating the need for a representative to be present to witness the actual destruction of the alcoholic liquor.

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 a State mandate, nor does it modify any existing State mandates.

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12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Persons who wish to submit comments on this proposed rulemaking may submit them in writing by no later than 45 days after publication of this Notice to:

Richard S. Wolters Legal Services Office Illinois Department of Revenue 101 West Jefferson Springfield IL 62794

217/782-2844

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: Simple bookkeeping and accounting.

C) Types of professional skills necessary for compliance: Simple accounting and computer skills.

14) Small Business Impact Analysis: None

15) Regulatory Agenda on which this rulemaking was summarized: July 2019

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

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TITLE 86: REVENUE CHAPTER I: DEPARTMENT OF REVENUE

PART 420 LIQUOR CONTROL ACT

Section 420.1 Purpose 420.5 Definitions 420.10 Gallonage Taxes 420.20 Claims to Recover Erroneously Paid Tax 420.30 Shipments of Alcoholic Liquors Out of Illinois 420.40 Non-Beverage Alcoholic Preparations and Compounds 420.50 Non-Beverage Users of Alcoholic Liquors 420.60 Act Does Not Apply 420.70 Tax Provisions of Act Do Not Apply 420.80 Monthly Return 420.90 Books and Records 420.100 Carriers 420.110 Sales to Governmental Bodies 420.120 Warehousing of Liquors 420.130 Non-Beverage User's Books and Records 420.140 Tax-Free Sales of Alcoholic Liquor for Use Aboard Ships Operating in Foreign Commerce Outside the Continental Limits of the United States

AUTHORITY: Implementing and authorized by Article VIII of the Liquor Control Act of 1934 [235 ILCS 5].

SOURCE: Filed and effective June 17, 1958; codified at 8 Ill. Reg. 17910; amended at 14 Ill. Reg. 18083, effective October 18, 1990; amended at 15 Ill. Reg. 3498, effective February 21, 1991; amended at 24 Ill. Reg. 8096, effective May 26, 2000; amended at 24 Ill. Reg. 14763, effective September 25, 2000; amended at 27 Ill. Reg. 830, effective January 3, 2003; amended at 28 Ill. Reg. 11914, effective July 27, 2004; amended at 39 Ill. Reg. 14701, effective October 22, 2015; amended at 42 Ill. Reg. 23160, effective November 29, 2018; amended at 43 Ill. Reg. ______, effective ______.

Section 420.80 Monthly Return

a) Requirement for Filing

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1) Each manufacturer and importing distributor of alcoholic liquor must file a return on the form approved and provided by the Department between the 1st and 15th day of each calendar month, covering transactions in alcoholic liquors during the preceding calendar month. Payment of the tax in the amount disclosed by the return shall accompany the return.

A) Voluntary Electronic Filing and Payment of Taxes. Beginning January 1, 2003, taxpayers may elect to file returns electronically under 86 Ill. Adm. Code 760. A taxpayer that elects to electronically file a return and accompanying schedules must also make payment through Electronic Funds Transfer as provided in 86 Ill. Adm. Code 750. Taxpayers who both timely pay tax by Electronic Funds Transfer and timely file returns and schedules electronically shall be entitled to a discount of 2% or $2,000 per return, whichever is less.

B) Mandatory Electronic Payment of Taxes. A taxpayer who has an annual tax liability of $20,000 or more shall make all payments of that tax to the Department by electronic funds transfer. [20 ILCS 2505/2505-210]

2) After a first return has been filed by any manufacturer or importing distributor, a return form will be mailed by the Department on or about the first day of each succeeding month to that manufacturer or importing distributor. However, it is the duty of each manufacturer and importing distributor to obtain forms, and failure to receive forms from the Department will not be an excuse for failing to file returns when and as required by the Act.

3) Each manufacturer or importing distributor is required to file a return for each month that his or her license is in full force and effect, irrespective of the fact that he or she may not have any tax liability to pay for that month.

4) In any case in which business is permanently discontinued, or when a stock of alcoholic liquors has been sold in bulk and the taxpayer has gone out of business, the taxpayer should immediately notify the Department of this fact, and upon a proper showing by the taxpayer that his or her license has been canceled by the Illinois Liquor Control Commission, he or she

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will be permitted to discontinue filing monthly returns.

5) In completing the Liquor Revenue Return form, the amount of liquor manufactured, rectified, blended or bottled during the month must be included on the return by manufacturers of alcohol and spirits and by first and second class winemakers. In the case of manufacturers of alcohol and spirits, this item shall include bottled alcoholic liquor produced by the manufacturer in Illinois and bulk alcoholic liquor for which a deduction is being claimed on any schedule accompanying the return. In the case of first and second class winemaking, this item shall include all wine (whether immediately bottled or not) produced by the winemaker in Illinois. Wineries that are licensed as manufacturers, but not as first or second class winemakers, do not report anything as manufactured, rectified, blended or bottled. b) Schedules Accompanying Return of Manufacturer or Importing Distributor of Alcoholic Liquor:

1) As part of the monthly return of a manufacturer or importing distributor of alcoholic liquor, and to be completed and filed supplementary to the return in specified instances, the Department requires the completion and filing of the schedules described in subsection (b)(2). The totals of the several columns on each of the schedules must be carried to the corresponding columns and entered on proper lines according to the schedule designation on the monthly tax return.

2) In every instance in which a manufacturer or importing distributor is required, by any particular schedule, to make a report of alcoholic liquors manufactured, imported, stored on hand or held in warehouses, purchased or otherwise acquired, sold or otherwise transferred, used, bottled, blended, fortified or rectified by that person, the person shall, to comply with the provisions of the Act, also include in the appropriate schedule the alcoholic liquors manufactured, imported, stored on hand or held in warehouses, purchased or otherwise acquired, sold or otherwise transferred, used, bottled, blended, fortified or rectified by that person as agent for others.

A) Schedule "A" – Alcoholic Liquor Transactions. This schedule must be completed and filed monthly by each importing distributor who

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imports alcoholic liquors into this State. This schedule consists of a detailed itemization of the importations, and the importing distributor must include in it all importations of alcoholic liquors, regardless of whether the merchandise is imported in bond or out of bond. The mere fact that a warehouse acting as agent for the importing distributor receives the merchandise and issues a warehouse receipt does not relieve the importing distributor from reporting the transaction. All alcoholic liquors imported and stored in public or bonded warehouses, for the account of an importing distributor, must be reported by the importing distributor in this schedule at the time the alcoholic liquors are imported and receipt of the alcoholic liquors for the account of the importing distributor is acknowledged by the warehouse. This information may not be withheld until withdrawals of the alcoholic liquors from the warehouse are made. Items of this nature should be reported as importations into Illinois.

B) Schedule "F" – Alcoholic Liquor Transactions. In this schedule, manufacturers of alcohol and spirits report only bottled alcoholic liquors purchased tax-free, including transfers in bond covered by the issuance, transfer or negotiation of warehouse receipts. All other manufacturers and importing distributors, however, must report tax-free purchases of both bottled and bulk alcoholic liquors in this schedule, including transfers in bond covered by the issuance, transfer or negotiation of warehouse receipts. Bottled alcoholic liquors purchased tax-free and stored in public or bonded warehouses for the account of a manufacturer of alcohol and spirits and all alcoholic liquors purchased tax-free and stored in public or bonded warehouses for the account of other manufacturers (such as wineries) and importing distributors, must be reported in this schedule at the time of purchase, and the report may not be withheld until the alcoholic liquors are withdrawn from the warehouse.

C) Schedule "G" – Tax-Paid Inventory. This schedule must be completed by manufacturers and importing distributors who purchase tax-paid alcoholic liquors.

D) Schedule "C" – Tax-Free Alcoholic Liquor Sales in Interstate

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Commerce and Foreign Trade. This schedule must be filed by manufacturers or importing distributors who claim deductions on the monthly return of gallonage of alcoholic liquors sold by them and shipped tax-free in interstate or foreign commerce, or delivered tax-free to ships for use outside the continental limits of the United States in foreign commerce as provided in Section 420.140. Manufacturers and importing distributors must include in the schedule bulk (as well as all other) alcoholic liquors shipped tax-free in interstate or foreign commerce, or delivered tax-free to ships for use outside the continental limits of the United States in foreign commerce as provided in Section 420.140.

i) Each manufacturer who includes tax exempt sales of bulk alcoholic liquor in this schedule must verify that the quantity so sold has been included in the Liquor Revenue Return inventory.

ii) A separate Schedule "C" – Tax-Free Alcoholic Liquor Sales in Interstate Commerce and Foreign Trade must be filed covering shipments into each state.

E) Schedule "B" – Tax-Free Sales of Alcoholic Liquors to Other Illinois-Licensed Manufacturers and Importing Distributors. This schedule must be filed by Illinois manufacturers or importing distributors, if the product is manufactured outside of Illinois, who sell alcoholic liquors tax-free to other licensed manufacturers or importing distributors in Illinois. Each manufacturer, who includes in this schedule tax-free sales of bulk alcoholic liquors, must verify that the quantity so sold has been included in the Liquor Revenue Return inventory. Manufacturers and importing distributors must include in this schedule tax-free sales and transfers of alcoholic liquors in bond, including alcoholic liquors covered by original, transferred or negotiated warehouse receipts.

F) Schedule "E" –Tax-Free Alcoholic Liquor Sales for Non-Beverage Purposes. This schedule must be filed by manufacturers and importing distributors who claim deductions on the monthly return for tax-free sales of alcoholic liquors made to holders of non-beverage user's licenses. Original permits or coupons

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permitting the tax-free purchase of alcoholic liquors for non-beverage purposes must accompany this schedule. This schedule must also be filed by manufacturers and importing distributors who claim deductions on the monthly return for tax-free sales of alcoholic liquors to the United States or to a foreign government, their departments, agencies or instrumentalities, for non-beverage purposes. Each manufacturer, who includes in this schedule sales of bulk alcoholic liquors, must verify that the quantity so sold has been included in the Liquor Revenue Return inventory. Sales of wine for sacramental purposes must be reported as sales for non-beverage purposes. The seller should keep in its books and records certifications covering each delivery, and statements signed by the minister, priest or rabbi, showing the quantity of wine in each delivery together with a statement that the wine will be used only for sacramental purposes (see Section 420.70 of this Part).

G) Schedule "J" – Report of Alcoholic Liquors Lost, Destroyed, or Damaged During Production and Bottling. Losses incurred during production and bottling alcoholic liquors carried in inventory on the Liquor Revenue Return at the time when the bottling loss occurs must be listed on this schedule. Bottling losses will not be allowed as tax exempt unless accurate records are maintained and the deduction on the return is supported by this schedule.

H) Schedule for "Other Illinois Liquor Tax Deductions". This schedule should be used when manufacturers or importing distributors claim deductions on the monthly return for a gallonage of alcoholic liquors that may not be properly addressed by any of the other schedules supplied by the Department. Deductions claimed should be explained in detail and filed with the monthly return. Claimed exemptions from the tax will not be allowed at the time of audit unless supported by competent documentary evidence. For example, if alcoholic liquors are dumped for the purpose of destroying the alcoholic liquors, claimed exemption from the tax will not be allowed unless supported by an affidavit of a Department or Liquor Control Commission representative who either witnessed the destruction of the alcoholic liquors or provided approval prior to destruction of the alcoholic liquors.

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The licensee should retain a copy of the affidavit. Each manufacturer, who includes in this schedule sales of bulk alcoholic liquors, must verify that the quantity so sold has been included in his Liquor Revenue Return inventory.

I) Schedule "D" – Tax-Free Bulk Purchases Used in Rectification, Bottling and Blending. This schedule must be filed by manufacturers of alcohol and spirits, and will consist of a detailed itemization of all purchases of alcoholic liquors in bulk only, to be used in rectification, bottling or blending, or for sale in original containers, with respect to which the Illinois Alcoholic Liquor Tax has not been paid. All purchases of bulk alcoholic liquors must be included in this schedule irrespective of the fact that the alcoholic liquors are purchased in bond or imported in bond. The fact that a warehouse, acting as agent for the manufacturer, may receive the alcoholic liquors and issue a warehouse receipt does not relieve the manufacturer from reporting the transaction. All bulk alcoholic liquors purchased tax-free in Illinois or imported into Illinois by a manufacturer of alcohol and spirits and stored in a public or bonded warehouse for its account must be reported in this schedule at the time the alcoholic liquors are purchased by the manufacturer and received by the warehouse, and this information may not be withheld until the alcoholic liquors are withdrawn from the warehouse. This is an information schedule only and is not to be entered on the monthly return.

J) Returned Merchandise. Alcoholic liquors returned by Illinois licensees to vendors from whom the alcoholic liquors were purchased, and who are located outside of the State of Illinois, must be reported the same as a sale in interstate commerce on Schedule "C"– Tax-Free Sales in Interstate Commerce and Foreign Trade.

i) Alcoholic liquors returned to Illinois licensees by their customers located outside of the State of Illinois must be reported the same as an importation on Schedule "A" – Alcoholic Liquor Transactions.

ii) When untaxed alcoholic liquors are returned to a

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manufacturer or an importing distributor, both parties being Illinois licensees, the person returning the liquors will report the transaction on Schedule "B"– Tax-Free Alcoholic Liquor Sales to Licensed Manufacturers and Importing Distributors, and the one receiving the returned liquors will report on Schedule "F"– Alcoholic Liquor Transactions.

iii) Tax-paid alcoholic liquors returned to an Illinois manufacturer or importing distributor by someone in Illinois need not be scheduled by the person returning the liquors, but the person receiving the returned liquors must report the transaction on Schedule "G"– Tax-Paid Inventory, the same as a purchase of tax-paid alcoholic liquor. c) Statement By Out-of-State Sellers Other Than Illinois Licensed Foreign Importers: Out-of-State sellers, who are not licensed in Illinois as foreign importers, and who sell, to Illinois licensed importing distributors, beer, wine, or alcohol and spirits that are located at some place in the United States outside Illinois, and that are shipped or otherwise delivered into Illinois, are required to file with the Department, within 15 days after the end of each month, on forms prescribed and furnished by the Department, a statement setting forth the names and addresses of the persons in Illinois to whom beer, wine or alcohol and spirits were so sold and shipped or otherwise delivered during the preceding month and the respective quantities so sold and shipped or otherwise delivered. d) Information Returns From Illinois Licensed Foreign Importers

1) The Department has determined it to be necessary, for the proper performance of its functions and duties under the Act, to require licensed foreign importers who are not also licensed in Illinois as importing distributors of alcoholic liquor to file a monthly information return with the Department. The return must be filed by the 15th day of the month following the month for which the return is filed. The return shall contain such information as the Department may reasonably require.

2) It is not necessary for the special foreign importer information return to be

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filed by any foreign importer who is also licensed in Illinois as an importing distributor of alcoholic liquor.

(Source: Amended at 43 Ill. Reg. ______, effective ______)

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1) Heading of the Part: Motor Fuel Tax

2) Code Citation: 86 Ill. Adm. Code 500

3) Section Numbers: Proposed Actions: 500.100 Amendment 500.200 Amendment 500.335 Amendment

4) Statutory Authority: 20 ILCS 2505/2505-20; 35 ILCS 505/14

5) A Complete Description of the Subjects and Issues Involved: These rules implement the provisions of PA 100-9, which became effective July 1, 2017. PA 100-9 requires that compressed natural gas (CNG) be sold and taxed at 19 cents per gasoline gallon equivalent. This change was initiated because CNG is not sold by the gallon like gasoline. It is instead sold per GGE, which is the amount of CNG that has the equivalent energy content of a gallon of gasoline. A GGE of CNG is 5.660 pounds of CNG. Similarly, PA 100-9 requires that liquefied natural gas (LNG) and propane be sold and taxed at 19 cents per diesel gallon equivalent (DGE), rather than by the gallon. A DGE of LNG is 6.06 pounds of LNG and a DGE of propane is 6.41 pounds of propane. These changes bring Illinois on track with national trends and with the rules governing the IFTA program (i.e., IFTA Full Track Ballot, #05-2015, requires LNG to be reported on a DGE basis beginning July 1, 2017). The rules also implement the recent motor fuel tax increase imposed by PA 101-32. As part of those changes, PA 101-32 changed taxation of LNG and propane from 19 cents per DGE to 45.5 cents per DGE (the total tax rate established for diesel fuel under subsection 2 (b) of the Motor Fuel Tax Law). Additionally, the rules are amended to fully reflect the statutory definition of “commercial motor vehicle” used in administration of the IFTA program and related penalties.

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

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

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

9) Does this rulemaking contain incorporations by reference? No

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

11) Statement of Statewide Policy Objective: These rules do not create or enlarge a mandate as described in Section 3(b) of the State Mandates Act.

12) Time, Place, and Manner in which interested persons may comment on these proposed rulemakings: Persons who wish to submit comments on these proposed rulemakings may submit them in writing by no later than 45 days after publication of this Notice to:

Jerilyn Gorden Deputy General Counsel Illinois Department of Revenue Legal Services Office 101 West Jefferson Springfield IL 62794

217/782-2844

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not-for-profit corporations affected: These rules will affect retailers of motor fuel and businesses engaged in interstate trucking using commercial motor vehicles subject to IFTA.

B) Reporting, bookkeeping or other procedures required for compliance: General bookkeeping

C) Types of professional skills necessary for compliance: Bookkeeping

14) Small Business Impact Analysis: There is no adverse impact. These rules benefit small businesses by providing guidance regarding the manner in which motor fuel must be reported. This guidance, with respect to taxation of LNG/CNG/LP, brings the rules into conformity with IFTA requirements and standards utilized by the motor fuel industry as a whole. The rules reflect a tax increase enacted by the General Assembly, the proceeds of which will be used for capital projects to improve public infrastructure in Illinois, particularly the roadways.

15) Regulatory Agenda on which this rulemaking was summarized: July 2019

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

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TITLE 86: REVENUE CHAPTER I: DEPARTMENT OF REVENUE

PART 500 MOTOR FUEL TAX

SUBPART A: DEFINITIONS

Section 500.100 Definitions 500.101 Definition of Receiver (Repealed) 500.102 Definition of Loss (Repealed) 500.103 Basis and Rate of Tax Payable by Receivers (Recodified) 500.105 Monthly Returns (Recodified) 500.110 Report of Loss of Motor Fuel (Recodified) 500.115 Daily Gallonage Record (Recodified) 500.120 Licenses Are Not Transferable (Recodified) 500.125 Changes of Corporate Officers (Recodified) 500.130 Blenders' Permits Are Not Transferable (Recodified) 500.135 Vehicles of Distributors Transporting Petroleum Products (Recodified) 500.140 Other Vehicles (Recodified) 500.145 Cost of Collection – Determination (Recodified) 500.150 Cost of Collection – Books and Records (Repealed) 500.155 Motor Fuel Consumed by Distributors, Special Fuel Consumed by Suppliers and Fuel Consumed by Receivers (Recodified) 500.160 Claims for Refund – Original Invoices (Recodified) 500.165 Definition of Loss (Recodified) 500.170 Sales of Special Fuel – Variation in Usage (Recodified) 500.175 Special Motor Fuel Permits and Decals (Recodified) 500.180 Estimated Claims Not Acceptable (Recodified) 500.185 Claimants Owning Motor Vehicles (Recodified) 500.190 Detailed Answers (Recodified) 500.195 Revocation of License, Etc. – Notice – Hearing (Recodified)

SUBPART B: MOTOR FUEL TAX

Section 500.200 Basis and Rate of the Motor Fuel Tax 500.201 Licensure

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500.202 Basis and Rate of Tax Payable by Receivers 500.203 Monthly Returns 500.204 Report of Loss of Motor Fuel 500.205 Daily Gallonage Record 500.206 Special Fuel Sold or Used for Non-Highway Purposes 500.210 Documentation of Tax-free Sales of Motor Fuel Made by Licensed Distributors and Suppliers 500.215 Documentation of Tax-free Sales of Fuel Made by Licensed Receivers 500.220 Vehicles of Distributors Transporting Petroleum Products (Repealed) 500.225 Other Vehicles (Repealed) 500.230 Motor Fuel Consumed by Distributors, Special Fuel Consumed by Suppliers and Fuel Consumed by Receivers 500.235 Claims for Refund of Taxes and Motor Fuel Use Tax Decal Fees – Invoices 500.240 Sales of Special Fuel – Variation in Usage (Repealed) 500.245 Estimated Claims 500.250 Claimants Owning Motor Vehicles (Repealed) 500.255 Detailed Answers 500.260 Revocation of License, Etc. – Notice – Hearing 500.265 Distributors' and Suppliers' Claims for Credit or Refund 500.270 Receivers' Claims for Credit 500.275 Procedure When Tax-Paid Motor Fuel is Returned to Licensee for Credit 500.280 Sales of Motor Fuel to Municipal Corporations Owning and Operating Local Transportation Systems 500.285 Sales of Motor Fuel to Certain Privately-Owned Public Utilities Owning and Operating Transportation Systems in Metropolitan Areas 500.290 When Purchaser's License Number With Department on Invoices Covering Sales of Special Fuel is Required (Repealed) 500.295 Cost of Collection – Determination (Repealed) 500.297 Protest Procedures for Certain Penalties 500.298 Civil Penalties for Dyed Diesel Fuel Violations

SUBPART C: MOTOR FUEL USE TAX

Section 500.300 Licensure – Temporary Waiver upon Determination of Disaster 500.301 Special Motor Fuel Permits and Decals (Repealed) 500.302 Motor Carrier's Quarterly Report (Repealed) 500.305 Licenses and Decals 500.310 Display of License and Decals

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500.315 Renewal of Decals and Licenses 500.320 Single Trip Permits 500.325 Licensure of Lessors and Lessees 500.330 Cancellation of License 500.335 Quarterly Payment and Reporting 500.340 Credits and Refunds 500.345 Records Requirements 500.350 Revocation 500.355 IFTA Protest Procedures 500.360 Audits

SUBPART D: TIMELY MAILING TREATED AS TIMELY FILING AND PAYING

Section 500.400 General Information 500.405 Due Date That Falls on Saturday, Sunday or a Holiday

SUBPART E: GENERAL REQUIREMENTS APPLICABLE TO ALL LICENSES AND PERMITS ISSUED UNDER THE MOTOR FUEL TAX LAW

Section 500.500 Licenses and Permits Are Not Transferable 500.501 Blenders' Permits Are Not Transferable (Repealed) 500.505 Changes of Corporate Officers

SUBPART F: INCORPORATION BY REFERENCE OF RETAILERS' OCCUPATION TAX

Section 500.600 Incorporation of the Retailers' Occupation Tax Regulations by Reference

AUTHORITY: Implementing the Motor Fuel Tax Law [35 ILCS 505] and authorized by Section 2505-20 of the Civil Administrative Code of Illinois [20 ILCS 2505].

SOURCE: Adopted July 3, 1931; amended at 2 Ill. Reg. 1, p. 97, effective December 31, 1978; amended at 3 Ill. Reg. 13, p. 98, effective March 25, 1979; amended at 4 Ill. Reg. 28, p. 568, effective June 1, 1980; codified at 8 Ill. Reg. 8612; amended at 10 Ill. Reg. 4540, effective February 28, 1986; amended at 11 Ill. Reg. 10295, effective May 18, 1987; emergency amendment at 13 Ill. Reg. 13271, effective August 7, 1989, for a maximum of 150 days; emergency expired January 4, 1990; amended at 14 Ill. Reg. 6826, effective April 19, 1990;

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NOTICE OF PROPOSED AMENDMENTS amended at 15 Ill. Reg. 6305, effective April 16, 1991; amended at 15 Ill. Reg. 13538, effective August 30, 1991; recodified at 18 Ill. Reg. 4451; amended at 19 Ill. Reg. 3008, effective February 28, 1995; amended at 19 Ill. Reg. 17195, effective December 18, 1995; amended at 20 Ill. Reg. 10168, effective July 16, 1996; amended at 22 Ill. Reg. 2253, effective January 9, 1998; amended at 22 Ill. Reg. 14917, effective August 3, 1998; amended at 22 Ill. Reg. 16322, effective August 25, 1998; amended at 22 Ill. Reg. 20299, effective December 1, 1998; emergency amendment at 24 Ill. Reg. 880, effective January 1, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 6918, effective April 21, 2000; amended at 24 Ill. Reg. 17826, effective November 28, 2000; amended at 26 Ill. Reg. 9912, effective June 24, 2002; amended at 27 Ill. Reg. 7870, effective April 21, 2003; emergency amendment at 27 Ill. Reg. 10547, effective July 1, 2003, for a maximum of 150 days; emergency expired November 27, 2003; amended at 28 Ill. Reg. 3921, effective February 13, 2004; amended at 32 Ill. Reg. 7134, effective April 21, 2008; amended at 36 Ill. Reg. 6677, effective April 12, 2012; amended at 38 Ill. Reg. 18586, effective August 21, 2014; amended at 39 Ill. Reg. 14728, effective October 23, 2015; amended at 43 Ill. Reg. ______, effective ______.

SUBPART A: DEFINITIONS

Section 500.100 Definitions

For purposes of this Part, the following definitions apply:

"Base Jurisdiction" means the jurisdiction where commercial motor vehicles are based for vehicle registration purposes and:

Where the operational control and operational records of the licensee's commercial motor vehicles are maintained or can be made available; and

Where some travel is accrued by commercial motor vehicles within the fleet.

"Blender" means any person who engages in the practice of blending. (Section 1.6 of the Law)

"Blending" means the mixing together by any process whatsoever, of any one or more products with other products, and regardless of the original character of the products so blended, provided the resultant product so obtained is suitable or practicable for use as a motor fuel, except such blending as may occur in the process known as refining by the original refiner of crude petroleum, and except,

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NOTICE OF PROPOSED AMENDMENTS also, the blending of products known as lubricating oil in the production of lubricating oils and greases and except, also, the dyeing of special fuel as required by Section 4d of the Law. (Section 1.5 of the Law)

"Commercial Motor Vehicle" means a motor vehicle used, designed, or maintained for the transportation of persons or property and either having 2 axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,793 kilograms, or having 3 or more axles regardless of weight, or that is used in combination, when the weight of the combination exceeds 26,000 pounds or 11,793 kilograms gross vehicle weight or registered gross vehicle weight. For purposes of administration of the Motor Fuel Use Tax imposed by Section 13a of the Law, this term does not include motor vehicles operated by the State of Illinois or the United States, recreational vehicles, school buses and commercial motor vehicles operated solely within Illinois for which all motor fuel is purchased within this State. (Section 1.16 of the Law)

EXAMPLE 1: Weight of the combination exceeds 26,000 pounds gross vehicle weight. If a truck used in combination with a trailer is weighed at a weigh station and the combined weight exceeds 26,000 pounds, then that truck and trailer combination meets the definition of "commercial motor vehicle" subject to the IFTA licensing requirements. Failure to meet those requirements will result in imposition of the penalties in Section 13a.6 of the Law.

EXAMPLE 2: Weight of the combination exceeds 26,000 pounds registered gross vehicle weight. If a truck used in combination with a trailer is weighed at a weigh station and the combined weight is 25,000 pounds, but the registered gross vehicle weight of the truck (based on the truck's registration documents) is 19,500 pounds and the registered gross vehicle weight of the trailer (based on the trailer's registration documents) is 8,000 pounds, for a combined registered gross vehicle weight of 27,500 pounds, then that truck and trailer combination meets the definition of "commercial motor vehicle" subject to the IFTA licensing requirements. Failure to meet those requirements will result in imposition of the penalties in Section 13a.6 of the Law.

"Designated inspection site" means any State highway inspection station, weigh station, agricultural inspection station, mobile station, or other location designated by the Department to be used as a fuel inspection site. A designated

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NOTICE OF PROPOSED AMENDMENTS inspection site will be identified as a fuel inspection site. (Section 1.26 of the Law)

"Diesel fuel" means any product intended for use or offered for sale as a fuel for engines in which the fuel is injected into the combustion chamber and ignited by pressure without electric spark. (Section 2(b) of the Law)

"Diesel gallon equivalent" or "DGE" means an amount of liquefied natural gas (LNG) or propane that has the equivalent energy content of a gallon of diesel fuel and is defined as 6.06 pounds of liquefied natural gas or 6.41 pounds of propane. (Section 1.8A of the Law)

"Distributor" means a person:

who:

(i) produces, refines, blends, compounds or manufactures motor fuel in this State;, or

(ii) transports motor fuel into this State;, or

(iii) exports motor fuel out of this State;, or

(iv) who is engaged in this State in the distribution of motor fuel primarily by tank car or tank truck, or both;, and

who operates an Illinois bulk plant where he or she has active bulk storage capacity of not less than 30,000 gallons for gasoline as defined in Section 5(A) of the Law. (Section 1.2 of the Law)

"Dyed diesel fuel" means special fuel, as defined in Section 1.13 of the Law, dyed in accordance with Section 4d of the Law. (Section 1.13B of the Law)

"Export" means the transportation of reportable motor fuel or fuel, by any vessel, from Illinois, when the motor fuel or fuel comes to rest in a different state, whether or not in the original vessel used to transport the motor fuel or fuel. Motor fuel or fuel delivered to a different state, by or on behalf of the seller, constitutes an export by the seller. Motor fuel or fuel delivered to a different state, by or on behalf of the purchaser, constitutes an export by the purchaser.

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The exporter of the motor fuel or fuel is subject to the reporting and licensing requirements of the origin and destination states.

"Fuel" means all liquids defined as "motor fuel" and aviation fuels and kerosene, but excluding liquified petroleum gases. (Section 1.19 of the Law)

"Gallon" means, in addition to its ordinary meaning, its equivalent in a capacity of measurement of substance in a gaseous state (Section 1.8 of the Law). For purposes of this Part, a gallon is equal to a liquid measurement of 4 quarts or 3.785 liters. On and after July 1, 2017, in the case of liquefied natural gas or propane used as a motor fuel, "gallon" means a diesel gallon equivalent as defined in Section 1.8A of the Law. In the case of compressed natural gas (CNG) used as motor fuel, "gallon" means a gasoline gallon equivalent as defined in Section 1.8B of the Law. (Section 1.8 of the Law)

"Gasoline gallon equivalent" or "GGE" means an amount of compressed natural gas that has the equivalent energy content of a gallon of gasoline and is defined as 5.660 pounds of compressed natural gas. (Section 1.8B of the Law)

"Import" means the transportation of reportable motor fuel or fuel, by any vessel, into Illinois, when the motor fuel or fuel comes to rest in Illinois, whether or not in the original vessel used to transport the motor fuel or fuel. Motor fuel or fuel delivered into Illinois, from a different state, by or on behalf of the seller, constitutes an import by the seller. Motor fuel or fuel delivered into Illinois, from a different state, by or on behalf of the purchaser, constitutes an import by the purchaser. The importer of the motor fuel or fuel is subject to the reporting and licensing requirements of the origin and destination states.

"International Fuel Tax Agreement" or "IFTA" means the multijurisdictional International Fuel Tax Agreement ratified by Congress, the provisions of which were imposed upon States pursuant to Public Law 102-240, which mandates that no State shall establish, maintain or enforce any law or regulation that has fuel use tax reporting requirements not in conformity with the International Fuel Tax Agreement.

"Jurisdiction" is a state of the United States, the District of Columbia, a state of the United Mexican States, or a province or Territory of Canada.

"Kerosene-type jet fuel" means any jet fuel as described in ASTM specification D

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1655 and military specifications MIL-T-5624R and MIL-T-83133D (Grades JP-5 and JP-8). (Section 1.25 of the Law)

"Law" means the Motor Fuel Tax Law [35 ILCS 505].

"Leasing" means the giving of possession and control of a vehicle for valuable consideration for a specified period of time.

"Liquefied natural gas" or "LNG" means methane or natural gas in the form of a cryogenic or refrigerated liquid for use as a motor fuel. (Section 1.13C of the Law)

"Loss" means, for purposes related to claims for refund, the reduction of motor fuel resulting from spillage, spoilage, leakage, theft, destruction by fire or any other provable cause, but does not include a reduction resulting from evaporation or shrinkage due to temperature variations.

"Motor fuel" means all volatile and inflammable liquids produced, blended or compounded for the purpose of, or which are suitable or practicable for, the propulsion of motor vehicles. Among other things, "motor fuel" includes "special fuel." (Section 1.1 of the Law). "Motor fuel" also includes all combustible gases that exist in a gaseous state at 60 degrees Fahrenheit and at 14.7 pounds per square inch absolute that are used in motor vehicles operating on the public highways and recreational type watercraft operating upon the waters of this State. (Section 5 of the Law) These gases include, but are not limited to, propane (liquefied petroleum gas (LPG)), CNG and LNG.

"Person" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, or a receiver, trustee, guardian, or other representative appointed by order of any court, or any city, town, county or other political subdivision in this State. When used in these rules to prescribe or impose a fine or imprisonment or both, the term as applied to partnerships and associations shall mean the partners or members thereof; as applied to limited liability companies, the term means managers, members, agents or employees of the limited liability company; and as applied to corporations, the term shall mean the officers, agents, or employees thereof who are responsible for any violation of the Act. (Section 1.11 of the Law)

"Power take-off equipment" means any accessory that is mounted onto or

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NOTICE OF PROPOSED AMENDMENTS designed as an integral part of a transmission of a motor vehicle that is registered for highway purposes whereby the accessory allows power to be transferred outside the transmission to a shaft or driveline and the power is used for a purpose other than propelling the motor vehicle. (Section 1.27 of the Law)

"Premises" means any location where original records are kept; where tank cars, ships, barges, tank trucks, tank wagons, or other types of transportation equipment are used to distribute fuel or motor fuel; or where containers, storage tanks, or other facilities are used to store or distribute fuel or motor fuel. (Section 1.24 of the Law)

"Receiver" means a person who either produces, refines, blends, compounds or manufactures fuel in this State, or transports fuel into this State or receives fuel transported to him or her from without the State or exports fuel out of this State, or who is engaged in the distribution of fuel primarily by tank car or tank truck, or both, and who operates an Illinois bulk plant where he or she has active fuel bulk storage capacity of not less than 30,000 gallons. (Section 1.20 of the Law)

"Records" means all data maintained by the taxpayer, including data on paper, microfilm, microfiche or any type of machine-sensible data compilation.

"Recreational vehicle" means vehicles, such as motor homes, pickup trucks with attached campers, camping or travel trailers, van or truck campers, mini motor homes, or buses, used exclusively for personal pleasure by an individual. In order to qualify as a recreational vehicle, the vehicle shall not be used in connection with any business endeavor.

"Research and development" means basic and applied research in the engineering, designing, development, or testing of prototypes or new products. "Research and development" does not include manufacturing quality control, any product testing by consumers, market research, sales promotion, sales service, or other non-technological activities or technical services. (Section 1.29 of the Law)

"Revocation" means the withdrawal of license and privileges.

"Semitrailer" means every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (Section 1.28 of the Law)

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"Special fuel" means all volatile and inflammable liquids capable of being used for the generation of power in an internal combustion engine except that it does not include gasoline as defined in Section 5(A) of the Law, or combustible gases as defined in Section 5(B) of the Law. "Special fuel" includes "diesel fuel." All special fuel sold or used for non-highway purposes must have a dye added in accordance with Section 4d of the Law. (Section 1.13 of the Law)

"Supplier" means any person other than a licensed distributor who (i) transports special fuel into this State; or (ii) exports special fuel out of this State; or (iii) engages in the distribution of special fuel primarily by tank car or tank truck, or both, and who operates an Illinois bulk plant where he or she has active bulk storage capacity of not less than 30,000 gallons for special fuel as defined in Section 1.13 of the Law. (Section 1.14 of the Law)

"Terminal rack" means a mechanism for dispensing motor fuel or fuel from refinery, terminal, or bulk plant into a transport truck, railroad tank car, or other means of transportation. (Section 1.23 of the Law)

"Total distance" for purposes of the motor fuel use tax means all miles traveled during the reporting period by every commercial motor vehicle in the licensee's fleet, regardless of whether the miles are considered taxable or nontaxable by a jurisdiction.

"Weight", for purposes of the motor fuel use tax, means the greater of the actualmaximum weight of the loaded vehicle or combination of vehicles or the registered gross vehicle weight of the loaded vehicle or combination of vehicles, as registered with the Illinois Secretary of State or appropriate registration agency of another IFTA jurisdictionduring the registration period.

(Source: Amended at 43 Ill. Reg. ______, effective ______)

SUBPART B: MOTOR FUEL TAX

Section 500.200 Basis and Rate of the Motor Fuel Tax

a) The Motor Fuel Tax is imposed "on the privilege of operating motor vehicles upon the public highways, including toll roads, and recreational-type watercraft upon the waters of this State".

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1) Motor fuel used in such motor vehicles upon public highways and in such recreational watercraft on such waters is taxed according to the following rate schedule;: provided that, beginning July 1, 2017, the tax on compressed natural gas is imposed in cents per GGE, rather than in cents per gallon, and the tax on liquefied natural gas and propane is imposed in cents per DGE, rather than in cents per gallon. The tax imposed on all motor fuel under this subsection (a)(1) is as follows:

Tax Period Rate Until August 1, 1983 7½¢ per gallon From August 1, 1983 through June 30, 1984 11¢ per gallon From July 1, 1984 through June 30, 1985 12¢ per gallon From July 1, 1985 through June 30, 1989 13¢ per gallon From August 1, 1989 through December 31, 1989 16¢ per gallon From January 1, 1990 through June 30, 19¢ per gallon 2019and thereafter

From July 1, 2019 through June 30, 2020 38¢ per gallon

Beginning July 1, 2020, and on July 1 of each subsequent year thereafter, the rate imposed

under this subsection (a)(1) shall be increased by an amount equal to the percentage increase, if any, in the Consumer Price Index for All Urban Consumers, for all items, published by the United States Department of Labor for the months ending in March of each year.

2) Through June 30, 2019, theThe tax on the privilege of operating motor vehicles thatwhich use diesel fuel shall be the rate according to subsection (a) plus an additional 2½ cents per gallon; provided that, on and after July 1, 2017, the additional tax under this subsection (a)(2) applies to liquefied natural gas and propane and is imposed in cents per DGE. On and after July 1, 2019, the tax on the privilege of operating motor vehicles that use diesel fuel, including liquefied natural gas and propane, shall be

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the rate according to subsection (a)(1) plus an additional 7½ cents per gallon. This total combined rate is as follows:

Tax Period Rate Until August 1, 1983 7½¢ per gallon From August 1, 1983 through June 30, 1984 13½¢ per gallon From July 1, 1984 through June 30, 1985 14½¢ per gallon From July 1, 1985 through July 31, 1989 15½¢ per gallon From August 1, 1989 through December 31,1989 18½¢ per gallon From January 1, 1990 through June 30, 2019and thereafter 21½¢ per gallon From July 1, 2019 through June 30, 2020 45½¢ per gallon

Beginning July 1, 2020, and on July 1 of each subsequent year thereafter, the total rate imposed under this subsection (a)(2) will be adjusted to reflect any increase under subsection (a)(1). b) The Motor Fuel Use Tax is imposed "upon the use of motor fuel upon highways (including toll ways of this State) by commercial motor vehicles". The tax on such motor fuel shall be comprised of two parts:

1) A tax at the rate established in subsections (a)(1) and (a)(2); and

2) A rate established by the Department as of January 1 of each year using the average "selling price", as defined in the Retailers' Occupation Tax Act, per gallon of motor fuel sold in this State during the previous 12 months and multiplying it by 6.25% to determine the cents per gallon rate. (Section 13a(2) of the Law). The Department may use data derived from independent surveys conducted or accumulated by third parties to determine the average selling price per gallon of motor fuel. Third parties include, but are not limited to, commercial entities that collect data (available by contract or at no cost) regarding the selling price of motor fuel sold in this State on a per gallon basis.

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c) Compressed Natural Gas. Compressed natural gas is subject to tax at the rate established in subsection (a)(1).

1) Calculation of Tax Through June 30, 2017. Because CNGHowever, because compressed natural gas cannot be measured in gallons, it must be converted to gallons using a conversion factor. For purposes of calculating tax under the Motor Fuel Tax Law, a gallon of CNGcompressed natural gas means a quantity of compressed natural gas equal to 126.67 cubic feet of natural gas at 60 degrees Fahrenheit and one atmosphere of pressure. In the alternative, it means a quantity of compressed natural gas that weighs 5.66 pounds.

2) Calculation of Tax On and After July 1, 2017. CNG is required to be sold in GGEs (Section 8 of the Weights and Measures Act; 225 ILCS 470). Tax is calculated at the rate established in subsection (a)(1) in cents per GGE. A GGE of compressed natural gas is defined as 5.660 pounds of compressed natural gas (Section 1.8B of the Law). d) Liquefied Natural Gas and Propane. Through June 30, 2017, tax on LNG and propane is calculated at only the rate established in subsection (a)(1) and is imposed at cents per liquid gallon. However, on and after July 1, 2017, LNG and propane are also subject to the additional tax under subsection (a)(2), calculated in cents per DGE. A DGE of liquefied natural gas or propane is defined as 6.06 pounds of LNG or 6.41 pounds of propane (Section 1.8A of the Law). On and after July 1, 2017, LNG and propane are subject to the following restrictions:

1) LNG and propane are required to be sold in DGEs.

2) If propane is not sold in DGEs, however, measured gallon volumetric units must be converted to DGEs to properly calculate tax. In this case, the actual measured gallon volumetric units sold must be multiplied by 0.651 to determine the DGEs that are subject to tax (Section 8 of the Weights and Measures Act [225 ILCS 470]).

(Source: Amended at 43 Ill. Reg. ______, effective ______)

SUBPART C: MOTOR FUEL USE TAX

ILLINOIS REGISTER 9361 19 ILLINOIS DEPARTMENT OF REVENUE

NOTICE OF PROPOSED AMENDMENTS

Section 500.335 Quarterly Payment and Reporting

a) Every person holding a valid unrevoked motor fuel use tax license issued by the Department under the provisions of the IFTA shall file a quarterly motor fuel use tax return, along with full payment of taxes, with the Department. Returns are due, even if no operations were conducted during the reporting period. The due date for the return and full payment of taxes is the last day of the month immediately following the close of the quarter for which the return is being filed. Returns and full payment of taxes are due on or before the following dates:

Reporting Quarter Due Date

January - March April 30 April - June July 31 July - September October 31 October - December January 31

If the due date is a Saturday, Sunday, or legal holiday, the next business day is considered the due date. Each motor fuel use tax return should be mailed in a separate envelope. On and after January 1, 2013, returns and payment of tax, including amended returns, must be made electronically. Electronic returns shall be made in accordance with 86 Ill. Adm. Code 760. Electronic payments shall be made by ACH debit in accordance with 86 Ill. Adm. Code 750.

b) The taxable event is the consumption of motor fuel, as defined in Section 500.100 of this Part, used to operate commercial motor vehicles. For tax payment and reporting purposes, all motor fuels placed in supply tanks of commercial motor vehicles, and all miles travelled, are taxable. Carriers must utilize the procedures in Section 500.235 for refunds for off-road or non-highway use.

c) For IFTA licensees: The IFTA provides that member jurisdictions may determine what type of motor fuels and miles travelled are exempt from tax, and are therefore not reportable. Carriers should contact member jurisdictions to determine what types of fuel and miles travelled are exempt from taxation. For IFTA carriers, claims for refunds for fuel used for any purpose other than propelling a commercial motor vehicle upon public highways must be made directly to the respective jurisdiction.

d) The quarterly return shall include a statement of the total number of miles

ILLINOIS REGISTER 9362 19 ILLINOIS DEPARTMENT OF REVENUE

NOTICE OF PROPOSED AMENDMENTS

travelled, as well as total miles travelled in each jurisdiction and in Illinois during the previous calendar quarter; the total number of gallons and type of reportable motor fuel consumed on the highways of all jurisdictions, as well as in each jurisdiction and in Illinois, and the total number of gallons and types of tax paid fuel purchased within each jurisdiction during the previous calendar quarter; and the total (net) of tax due the base jurisdiction on behalf of all jurisdictions. Licensees shall report all required information, and may not include miles operated and gallons of fuel purchased that were unavailable during any prior quarters. If a licensee does not include all required information, and that information is subsequently available, he or she must file an amended return, which will include penalty and interest. e) Fuel and distance must be reported in gallons and miles. The conversion rates are:

One liter = 0.2642 gallons One gallon = 3.785 liters One mile = 1.6093 kilometers One kilometer = 0.62137 mile On and after July 1, 2017, = 6.06 pounds of LNG for LNG, one DGE On and after July 1, 2017, = 6.41 pounds of propane for propane, one DGE On and after July 1, 2014, = 5.660 pounds or 0.678 for CNG, one GGE kilograms of compressed natural gas f) For carriers registered under the IFTA that consume CNG, LNG and LPGcompressed natural gas and other fuels that is not sold in GGEs/DGEscannot be measured in gallons, the fuels must be converted to GGEs/DGEsgallons using the conversion factor in subsection (e) used by the jurisdiction in which the fuel was consumed. See Section 500.200(c) for the conversion factor used for compressed natural gas. g) In order for a licensee to obtain credit for tax-paid retail purchases, a receipt or invoice, a credit card receipt, or microfilm/microfiche of the receipt or invoice must be retained by the licensee showing evidence of the purchases and tax having been paid by the licensee directly to the applicable jurisdiction or at the

ILLINOIS REGISTER 9363 19 ILLINOIS DEPARTMENT OF REVENUE

NOTICE OF PROPOSED AMENDMENTS

pump. The receipt must contain the following information:

1) date of purchase;

2) seller's name and address;

3) number of gallons/GGE/DGE purchased;

4) fuel type;

5) price per gallon/GGEs/DGEs or total amount of sale;

6) unit numbers; and

7) purchaser's name (in the case of a lessee/lessor agreement, receipts will be accepted in either name, provided a legal connection can be made to reporting party). h) In the case of withdrawals from licensee-owned, tax-paid bulk storage, credit may be obtained only if the following records are maintained:

1) date of withdrawal;

2) number of gallons/GGEs/DGEs;

3) fuel type;

4) unit number (upon application by a licensee, the Department may waive the requirement of unit numbers for fuel withdrawn from the licensee's own bulk storage and placed in its commercial motor vehicles. The licensee must show that adequate records are maintained to distinguish fuel placed in commercial vs. non-commercial motor vehicles for all member jurisdictions); and

5) purchase and inventory records to substantiate that tax was paid on all bulk purchases. i) Carriers registered under the IFTA must pay all taxes due to all member jurisdictions with one payment made to the Department. On and after January 1,

ILLINOIS REGISTER 9364 19 ILLINOIS DEPARTMENT OF REVENUE

NOTICE OF PROPOSED AMENDMENTS

2013, payment shall be made electronically by ACH debit in accordance with 86 Ill. Adm. Code 750. j) Through December 31, 2012, returns shall be filed on forms provided by the Department. On and after January 1, 2013, returns shall be filed electronically in accordance with 86 Ill. Adm. Code 760. k) If a licensee uses a reporting service for his or her motor fuel use taxes, the licensee must maintain a power of attorney in its books and records. Use of a power of attorney does not relieve the licensee of the legal obligations associated with the license. The licensee is responsible for the payment of taxes as well as all acts and omissions of the reporting service. Decals and licenses will always be delivered directly to the licensee. l) Reports not filed or full payment of taxes not made by the due date shall be considered late and any taxes due considered delinquent. The licensee shall be assessed a penalty of $50 or 10 percent of the delinquent taxes, whichever is greater, for failure to file a report, for filing a late report, or for underpayment of taxes due. For reasonable cause shown, the Department may waive a penalty. For a fleet based in a U.S. jurisdiction, interest shall be set at an annual rate of 2 percentage points above the underpayment rate established under section 6621(a)(2) of the Internal Revenue Code, adjusted on an annual basis on January 1 of each year. Interest shall accrue at 1/12 of this annual rate per month until liability is paid. The Department shall publish the interest rate by January 1 of each year on its website. For IFTA licensees, the Department may waive interest for another jurisdiction only with that jurisdiction's approval.

(Source: Amended at 43 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 9365 19 OFFICE OF THE SECRETARY OF STATE

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: Departmental Duties

2) Code Citation: 2 Ill Adm. Code 552

3) Section Number: Proposed Action: 552.10 Amendment

4) Statutory Authority: Securities Law of 1953 [ILCS 5/10; 5/11; 5/13] Business Corporation Act of 1983 [805 ILCS 5/1.05] and the Illinois Vehicle Code [625 ILCS 5/2-104(b)] and 625 ILCS 5/2-118

5) A Complete Description of the Subjects and Issues Involved: This rulemaking updates addresses upon which appropriate Service of Process shall be made upon the Secretary of State. In addition, the name of the Unemployment Insurance Act is being corrected, and the Limited Liability Company Act, the Uniform Partnership Act (1997) and the Uniform Limited Partnership Act (2001) are being included to further define circumstances in which the Secretary of State has authority to accept service of process. Lastly, the validity of the use of Section 2-203.1 of the Code of Civil Procedure is clarified.

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

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

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

9) Does this rulemaking contain incorporations by reference? No

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

11) Statement of Statewide Policy Objective: Update Service of Process; No expenditures by units of local government.

12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking:

Lana Shatat, Assistant General Counsel Office of the General Counsel 100 W. Randolph St., Suite 5-400

ILLINOIS REGISTER 9366 19 OFFICE OF THE SECRETARY OF STATE

NOTICE OF PROPOSED AMENDMENT

Chicago IL 60601

[email protected]

13) Initial Regulatory Flexibility Analysis:

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

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

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis: No impact

15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not included on either of the 2 most recent agendas because the Department did not anticipate this rulemaking at the time the agendas were filed.

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

ILLINOIS REGISTER 9367 19 OFFICE OF THE SECRETARY OF STATE

NOTICE OF PROPOSED AMENDMENT

TITLE 2: GOVERNMENTAL ORGANIZATION SUBTITLE C: CONSTITUTIONAL OFFICERS CHAPTER III: SECRETARY OF STATE

PART 552 DEPARTMENTAL DUTIES

Section 552.10 Service of Process Upon the Secretary of State 552.20 Filing of Miscellaneous Documents with the Secretary of State 552.30 Initiating, Conducting and Completing Investigations and Lobbyist Sexual Harassment Reviews

AUTHORITY: Sections 10, 11 and 13 of the Securities Law of 1953 [815 ILCS 5], Section 1.05 of the Business Corporation Act of 1983 [805 ILCS 5], Sections 2-104(b) and 2-118 of the Illinois Vehicle Code [625 ILCS 5], Section 14 of the Secretary of State Act [15 ILCS 305], Sections 4.7, 5, 10 and 11 of the Lobbyist Registration Act [25 ILCS 170], Section 20-20 of the State Officials and Employees Ethics Act [5 ILCS 430].

SOURCE: Adopted at 12 Ill. Reg. 3022, effective February 1, 1988; amended at 14 Ill. Reg. 6854, effective May 1, 1990; amended at 30 Ill. Reg. 15786, effective September 18, 2006; amended at 34 Ill. Reg. 3661, effective March 5, 2010; amended at 35 Ill. Reg. 10344, effective June 20, 2011; amended at 35 Ill. Reg. 18360, effective October 20, 2011; amended at 40 Ill. Reg. 8011, effective May 18, 2016; emergency amendment at 41 Ill. Reg. 14838, effective November 20, 2017, for a maximum of 150 days; emergency amendment expired April 18, 2018; amended at 42 Ill. Reg. 9554, effective May 22, 2018; amended at 43 Ill. Reg. ______, effective ______.

Section 552.10 Service of Process Upon the Secretary of State

The following procedure for substitute service of process upon the Secretary of State shall apply for the specific statute cited. The specific department of the Office of the Secretary of State stated in this Section shall receive the service of process and retain the records of the service in accordance with the applicable statutes and rules. Nothing in this Section or Section 552.20 shall affect in any way any substantive or procedural rights granted by the statutes referred to in this Section. Any service of process sent to the incorrect department within the Office of the Secretary of State shall be sent by that department's staff to the correct department as designated by this Section and Section 552.20. These Sections are intended only to allocate the responsibilities for the receipt and storage of service of process within the Office of the Secretary

ILLINOIS REGISTER 9368 19 OFFICE OF THE SECRETARY OF STATE

NOTICE OF PROPOSED AMENDMENT of State.

a) In cases involving the sale of securities, service of process upon the Secretary of State under Section 10 of the Illinois Securities Law of 1953 [815 ILCS 5] shall be made in accordance with 14 Ill. Adm. Code 130.120 and delivered to the Office of the General CounselSecurities Department, 100 W. Randolph Street, Suite 5-400, Chicago, Illinois 60601300 West Jefferson, Suite 300A, Springfield, Illinois 62702, except that services of process by the Securities Department itself, pursuant to Section 10, 11 or 13 of the Illinois Securities Law of 1953, should be made upon the Index Department.

b) In cases involving corporations under the Business Corporation Act of 1983 [805 ILCS 5], or the General Not For Profit Corporation Act of 1986 [805 ILCS 105], the Limited Liability Company Act [805 ILCS 180], the Uniform Partnership Act (1997) [805 ILCS 206], the Uniform Limited Partnership Act (2001) [805 ILCS 215], or Section 4-3 of the Corporate Fiduciary Act [205 ILCS 620], service of process upon the Secretary of State shall be made in accordance with 14 Ill. Adm. Code 150, Subpart E, and 14 Ill. Adm. Code 160.17, 14 Ill. Adm. Code 178.50, 14 Ill. Adm. Code 166.70, and 14 Ill. Adm. Code 171.70 and delivered to the Business Services Department, Room 350, Howlett Building, Springfield, Illinois 62756.

c) In cases involving a motor vehicle collision involving a non-resident, service of process upon the Secretary of State under Section 10-301 of the Illinois Vehicle Code [625 ILCS 5/10-301] shall be delivered to the Office of the General Counsel, Room 298, Howlett Building, Springfield, Illinois 62756 or to the Office of the General Counsel, 100 W. Randolph Street, Suite 5-400, Chicago, Illinois 60601.

d) In cases in which service of process upon the Secretary of State is permitted under one of the following statutes, and in all other cases to which subsection (a), (b) or (c) of this Section do not apply, service shall be made upon the Office of the General Counsel, Room 298, Howlett Building, Springfield, Illinois 62756 or the Office of the General Counsel, 100 W. Randolph Street, Suite 5-400, Chicago, Illinois 60601Index Department, 111 East Monroe Street, Springfield, Illinois 62756:

235 ILCS 5/8-14 (Liquor Control Act of 1934)

ILLINOIS REGISTER 9369 19 OFFICE OF THE SECRETARY OF STATE

NOTICE OF PROPOSED AMENDMENT

820 ILCS 405/2208 (Unemployment Insurance ActIllinois Insurance Code)

215 ILCS 5/121-6 and 121-7 (Illinois Insurance Code)

735 ILCS 5/2-209 (Civil Practice Law (Products Liability − $5.00 filing fee))

735 ILCS 5/2-210 (Civil Practice Law (Aircraft and Ship Owners and Operators − $2.00 filing fee))

35 ILCS 5/1404 (Illinois Income Tax Act)

35 ILCS 105/12a (Use Tax Act)

35 ILCS 110/13 (Service Use Tax Act)

35 ILCS 115/13 (Service Occupation Tax Act)

35 ILCS 120/5i (Retailers' Occupation Tax Act)

765 ILCS 1036/15 and 30 (Trademark Registration and Protection Act) e) In cases involving the Secretary of State as a party, such as any administrative review actions contesting a rule or procedure of any Secretary of State department, any civil rights actions and personnel action, service of process shall be made upon the Office of the General Counsel, Room 298, Howlett Building, Springfield, Illinois 62756 or the Office of the General Counsel, 100 W. Randolph Street, Suite 5-400, Chicago, Illinois 60601. f) The Secretary of State is not the default agent for service of process in the State of Illinois. The Secretary of State has the authority to accept service of process only in those specifically mandated areas of the law stated in subsections (a) through (d) and as determined by the Illinois General Assembly. Any court order issued authorizing service of process upon the Secretary of State pursuant to Section 2- 203.1 of the Code of Civil Procedure will be rejected unless the Secretary of State has the specific statutory authority to accept that service of process. Attempts to serve the Secretary of State under Section 2-203.1 will be denied and service rejected.

(Source: Amended at 43 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 9370 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Derivative Instruments

2) Code Citation: 50 Ill. Adm. Code 806

3) Section Numbers: Adopted Actions: 806.30 Amendment 806.40 Amendment

4) Statutory Authority: Implementing Article VIII and authorized by Sections 126.8 and 401 of the Illinois Insurance Code [215 ILCS 5/Art. VIII and 401].

5) Effective Date of Rules: August 26, 2019

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

7) Does this rulemaking contain incorporations by reference? Yes

8) A copy of the adopted rules, including any material incorporated by reference, is on file in the principal office of the Department of Insurance and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 4854; May 3, 2019

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

11) Differences between Proposal and Final Version: In the second line of 806.40(b), changed "should" to "shall". In 806.40(e)(2), 5th line, added "/" after "18"; 6th line, added ", available at https://www.naic.org" before the semicolon.

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

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

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

15) Summary and Purpose of Rulemaking: Section 806.40 incorporated by reference a 2000 edition of the "Purposes and Procedures Manual of the Securities Valuation Office" published by the National Association of Insurance Commissioners. That publication has

ILLINOIS REGISTER 9371 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

been superseded by the "Purposes and Procedures Manual of the NAIC Investment Analysis Office". The incorporation by reference has been revised to reflect the current publication. Housekeeping changes were also made in Sections 806.30 and 806.40.

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

Eric Moser Assistant Deputy Director, Financial Regulation Department of Insurance 320 West Washington Street Springfield IL 62767-0001

217/557-3759

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

ILLINOIS REGISTER 9372 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

TITLE 50: INSURANCE CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER j: INVESTMENTS OF DOMESTIC COMPANIES

PART 806 DERIVATIVE INSTRUMENTS

Section 806.10 Purpose 806.20 Applicability 806.30 Definitions 806.40 Guidelines and Internal Control Procedures 806.50 Documentation Requirements 806.60 Trading Requirements

AUTHORITY: Implementing Article VIII and authorized by Sections 126.8 and 401 of the Illinois Insurance Code [215 ILCS 5].

SOURCE: Adopted at 22 Ill. Reg. 15300, effective August 10, 1998; amended at 25 Ill. Reg. 4578, effective March 15, 2001; amended at 43 Ill. Reg. 9370, effective August 26, 2019.

Section 806.30 Definitions

Unless the context requires otherwise, terms used in this Part have the meaning ascribed in Section 126.2 of the Code.

Business Entity includes a sole proprietorship, corporation, limited liability company, association, partnership, joint stock company, joint venture, mutual fund, trust, joint tenancy or other similar form of business organization, whether organized for profit or not for profit. [215 ILCS 5/126.2(H] (see P.A. 90-418, effective August 15, 1997).

"Code" means the Illinois Insurance Code [215 ILCS 5].

Counterparty Exposure Amount means:

The amount of credit risk attributable to a derivative instrument entered into with a business entity other than through a qualified exchange or qualified foreign exchange, or cleared through a qualified clearinghouse

ILLINOIS REGISTER 9373 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

("over-the-counter derivative instrument"). The amount of credit risk equals:

The market value of the over-the-counter derivative instrument if the liquidation of the derivative instrument would result in a final cash payment to the insurer; or

Zero if the liquidation of the derivative instrument would not result in a final cash payment to the insurer.

If over-the-counter derivative instruments are entered into under a written master agreement which provides for netting of payments owed by the respective parties, and the domicile of the counterparty is either within the United States or, if not within the United States, within a foreign jurisdiction listed in the Purposes and Procedures of the Securities Valuation Office as eligible for netting, the net amount of credit risk shall be the greater of zero or the net sum of:

The market value of the over-the-counter derivative instruments entered into under the agreement, the liquidation of which would result in a final cash payment to the insurer; and

The market value of the over-the-counter derivative instruments entered into under the agreement, the liquidation of which would result in a final cash payment by the insurer to the business entity.

For open transactions, market value shall be determined at the end of the most recent quarter of the insurer's fiscal year and shall be reduced by the market value of acceptable collateral held by the insurer or placed in escrow by one or both parties. [215 ILCS 5/126.2(S)] (see P.A. 90-418, effective August 15, 1997).

"Director" means the Director of the Illinois Department of Insurance.

"Department" means the Illinois Department of Insurance.

Derivative Instrument means:

An agreement, option, instrument or a series or combination thereof:

ILLINOIS REGISTER 9374 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

To make or take delivery of, or assume or relinquish, a specified amount of one or more underlying interests, or to make a cash settlement in lieu thereof; or

That has a price, performance, value or cash flow based primarily upon the actual or expected price, level, performance, value or cash flow of one or more underlying interests.

Derivative instruments include options, warrants used in a hedging transaction and not attached to another financial instrument, caps, floors, collars, swaps, forwards, futures and any other agreements, options or instruments substantially similar thereto or any series or combination thereof and any agreements, options or instruments permitted pursuant to this Part. Derivative instruments shall not include an investment authorized by Sections 126.11 through 126.17, 126.19 and 126.24 through 126.30 of the Illinois Insurance Code. [215 ILCS 5/126.2(V)] (see P.A. 90-418, effective August 15, 1997).

Derivative Transaction means a transaction involving the use of one or more derivative instruments. [215 ILCS 5/126.2(W)] (see P.A. 90-418, effective August 15, 1997).

Qualified Clearinghouse means a clearinghouse for, and subject to the rules of, a qualified exchange or a qualified foreign exchange, which provides clearing services, including acting as a counterparty to each of the parties to a transaction such that the parties no longer have credit risk as to each other. [215 ILCS 5/126.2(OOO)] (see P.A. 90-418, effective August 15, 1997).

Qualified Exchange means:

A securities exchange registered as a national securities exchange, or a securities market regulated under the Securities Exchange Act of 1934 (15 USC 78 et seq.), as amended;

A board of trade or commodities exchange designated as a contract market by the Commodity Futures Trading Commission or any successor thereof;

Private Offerings, Resales and Trading through Automated Linkages

ILLINOIS REGISTER 9375 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

(PORTAL);

A designated offshore securities market as defined in Securities Exchange Commission Regulation S, 17 C.F.R. Part 230, as amended; or

A qualified foreign exchange. [215 ILCS 5/126.2(PPP)] (see P.A. 90-418, effective August 15, 1997).

Qualified Foreign Exchange means a foreign exchange, board of trade or contract market located outside the United States, its territories or possessions:

That has received regulatory comparability relief under Commodity Futures Trading Commission (CFTC) Rule 30.10 (as set forth in Appendix C to Part 30 of the CFTC's Regulations, 17 C.F.R. Part 30);

That is, or its members are, subject to the jurisdiction of a foreign futures authority that has received regulatory comparability relief under CFTC Rule 30.10 (as set forth in Appendix C to Part 30 of the CFTC's Regulations, 17 C.F.R. Part 30) as to futures transactions in the jurisdiction where the exchange, board of trade or contract market is located; or

Upon which foreign stock index futures contracts are listed that are the subject of no-action relief issued by the CFTC's Office of General Counsel, provided that an exchange, board of trade or contract market that qualifies as a "qualified foreign exchange" only under this definition shall only be a "qualified foreign exchange" as to foreign stock index futures contracts that are the subject of no-action relief. [215 ILCS 5/126.2(QQQ)] (see P.A. 90-418, effective August 15, 1997).

(Source: Amended at 43 Ill. Reg. 9370, effective August 26, 2019)

Section 806.40 Guidelines and Internal Control Procedures

a) Before engaging in a derivative transaction, an insurer shall establish written guidelines that shall be used for effecting and maintaining the transactions. The guidelines shall:

1) Address investment or, if applicable, underwriting objectives, and risk

ILLINOIS REGISTER 9376 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

constraints, such as credit risk limits;

2) Address permissible transactions and the relationship of those transactions to its operations, such as a precise identification of the risks being hedged by a derivative transaction; and

3) Require compliance with internal control procedures. b) An insurer shall have a system for determining whether a derivative instrument used for hedging has been effective. In so doing, a company shallshould set specific criteria at the inception of the hedge as to what will be considered "effective" in measuring the hedge and then apply those criteria in the ongoing assessment based on actual hedge results. c) An insurer shall have a credit risk management system for over-the-counter derivative transactions that measures credit risk exposure using the counterparty exposure amount. d) An insurer's board of directors shall, in accordance with Section 126.4 of the Illinois Insurance Code [215 ILCS 5/126.4]:

1) Approve the guidelines required by subsection (a) of this Section and the systems required by subsections (b) and (c) of this Section; and

2) Determine whether the insurer has adequate professional personnel, technical expertise and systems to implement investment practices involving derivatives. e) An insurer may useused derivatives for replication transactions as permitted pursuant to Sections 126.18 and 126.31 of the Illinois Insurance Code [215 ILCS 5/126.18 and 126.31]. An insurer engaging in replication transactions shall:

1) Comply with the following requirements:

A) The disclosure and annual and quarterly statement reporting of such replication transactions;

B) The inclusion of thesuch transaction in the insurer's Risk Based Capital Report (as required by Section 35A-10 of the Illinois

ILLINOIS REGISTER 9377 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

Insurance Code [215 ILCS 5/35A-10]); and

C) If applicable, the calculation and reporting of the asset valuation reserve for thesuch transaction;

2) Comply with the filing requirements for Replication Synthetic Asset Transactions (RSATs) contained in the "Purposes and Procedures Manual of the NAIC Investment AnalysisSecurities Valuation Office" of the (National Association of Insurance Commissioners, One New York Plaza, Ste. 4210, New York, NY 10004) (Volume 18/-Issue 199-2, December 31, 2018July 2000, no latersubsequent dates or editions or amendments), available at https://www.naic.org;

3) File with the Director of Insurance a duplicate copy of all RSAT filings made with the NAIC Securities Valuation Office. Afterof the National Association of Insurance Commissioners; after June 1, 2002, the Director may waive this duplicate filing requirement;

4) Have a system for determining whether a replication transaction has been effective in replicating the intended investment position; and

5) Include all replicated investment positions in calculating compliance with the limitations on investments contained in Article VIII of the Illinois Insurance Code [215 ILCS 5/Art. VIII]; provided, that no replicated investment position shall be held pursuant to the additional investment authority contained in Sections 126.20 and 126.32 of the Illinois Insurance Code [215 ILCS 5/126.20 and 126.32].

AGENCY NOTE: For purposes of determining whether internal control procedures complyare in compliance with this Part, the Department may consider, but is not limited to, the following items: that only board authorized individuals can effect derivative instrument transactions;, that there is a separation of administrative functions from trading functions;, that periodic reporting to a/the chief investment officer of open positions occurs; and that periodic assessing of effectiveness of hedging transaction isbe conducted by a designated person.

(Source: Amended at 43 Ill. Reg. 9370, effective August 26, 2019)

ILLINOIS REGISTER 9378 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Construction and Filing of Accident and Health Insurance Policy Forms

2) Code Citation: 50 Ill. Adm. Code 2001

3) Section Number: Adopted Action: 2001.11 Amendment

4) Statutory Authority: Implementing Sections 143, 355 and 356a and Articles IX and XX of the Illinois Insurance Code [215 ILCS 5/143, 355, 356a, Arts. IX and XX] and Section 4-13 of the Health Maintenance Organization Act [215 ILCS 125/4-13] and authorized by Section 401 of the Code [215 ILCS 5/401].

5) Effective Date of Rule: August 26, 2019

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 principal office of the Department of Insurance and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 1468; February 1, 2019

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

11) Differences between Proposal and Final Version: None

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

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

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

15) Summary and Purpose of Rulemaking: Section 2001.11(c)(2) provided a narrative background on the Illinois Health Care Reform Implementation Council's continuous review of the Essential Health Benefit ("EHB") benchmark plans that Illinois recommends to the United States Department of Health and Human Services ("HHS”).

ILLINOIS REGISTER 9379 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENT

The benchmark plan selected by HHS sets the specific requirements for EHBs to be included in qualified health plans in this state. However, Section 2001.11(c)(2) did not directly or indirectly impose standards, requirements, procedures, or definitions for regulated persons to follow. Furthermore, pursuant to the Governor’s Executive Order 2018-10, issued on September 21, 2018, the Illinois Health Care Reform Implementation Council has been abolished. Therefore, the contents of Section 2001.11(c)(2) have become entirely superfluous and have been deleted.

Additionally, Section 2001.11(c)(3) referenced a version of the Illinois EHB Benchmark Plan that is no longer in use. The Department has updated this reference for the latest approved version of the benchmark applicable to current plan years as well as the next version of the benchmark that will apply for plan year 2020 onwards. The contents of Section 2001.11(c)(3) have also been recodified at Section 2001.11(c)(2).

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

Jennifer Reif Deputy Director, Health Products Department of Insurance 320 West Washington Street Springfield IL 62767-0001

217/557-7311

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

ILLINOIS REGISTER 9380 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENT

TITLE 50: INSURANCE CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER z: ACCIDENT AND HEALTH INSURANCE

PART 2001 CONSTRUCTION AND FILING OF ACCIDENT AND HEALTH INSURANCE POLICY FORMS

SUBPART A: PROVISIONS APPLICABLE TO INDIVIDUAL AND GROUP POLICIES

Section 2001.1 Applicability 2001.2 Definitions and Cross-References 2001.3 Discretionary Clauses Prohibited 2001.4 Guaranteed Availability and Renewability of Coverage 2001.5 Prohibition of Preexisting Condition Exclusions 2001.6 No Lifetime or Annual Limits 2001.7 Prohibition on Rescissions 2001.8 Coverage of Preventive Health Services 2001.9 Prohibiting Discrimination Against Participants and Beneficiaries Based on Health Status 2001.10 Summary of Benefits and Coverage and Uniform Glossary 2001.11 Essential Health Benefits 2001.12 Cost-Sharing

SUBPART B: PROVISIONS APPLICABLE TO INDIVIDUAL POLICIES

Section 2001.20 Construction of Accident and Health Insurance Policy Forms (Renumbered) 2001.30 Filing of Policy Forms (Renumbered) 2001.110 Applicability 2001.120 Construction of Accident and Health Insurance Policy Forms 2001.130 Filing of Policy Forms

SUBPART C: PROVISIONS APPLICABLE TO GROUP POLICIES

Section 2001.210 Applicability 2001.220 Ban on Excessive Waiting Periods

ILLINOIS REGISTER 9381 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENT

AUTHORITY: Implementing Sections 143, 355 and 356a and Articles IX and XX of the Illinois Insurance Code [215 ILCS 5/143, 355, 356a, Arts. IX and XX] and Section 4-13 of the Health Maintenance Organization Act [215 ILCS 125/4-13] and authorized by Section 401 of the Code [215 ILCS 5/401].

SOURCE: Filed and effective April 1, 1952; codified at 7 Ill. Reg. 3471; amended at 20 Ill. Reg. 14405, effective October 25, 1996; amended at 29 Ill. Reg. 10172, effective July 1, 2005; amended at 31 Ill. Reg. 8472, effective May 31, 2007; amended at 38 Ill. Reg. 2037, effective January 2, 2014; amended at 38 Ill. Reg. 23379, effective November 25, 2014; amended at 43 Ill. Reg. 9378, effective August 26, 2019.

SUBPART A: PROVISIONS APPLICABLE TO INDIVIDUAL AND GROUP POLICIES

Section 2001.11 Essential Health Benefits

a) Coverage for Essential Health Benefits Package

1) A health insurance issuer that offers health insurance coverage in the individual or small group market shall ensure that the coverage includes an essential health benefits (EHB) package in accordance with the requirements in subsections (b) and (c). (See 42 USC 300gg-6(a).)

2) The provisions of this Section regarding the inclusion of essential pediatric oral care benefits shall be deemed to be satisfied for qualified health plans made available in the small group market or individual market in Illinois outside the Health Benefits Exchange, issued for policy or plan years beginning on or after January 1, 2015, that do not include the essential pediatric oral care benefits if the health insurance issuer has obtained reasonable assurance that the pediatric oral care benefits are provided to the purchaser or enrollee of the qualified health plan. The health insurance issuer shall be deemed to have obtained reasonable assurance that the pediatric oral care benefits are provided to the purchaser of the qualified health plan if:

A) At least one Exchange certified stand-alone dental plan that offers the minimum essential pediatric oral care benefits that are required under subsection (c)(1)(J) and it is available for purchase by the small group or individual purchaser;

ILLINOIS REGISTER 9382 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENT

B) The health insurance issuer prominently discloses to the purchaser, or enrollee in the case of a group plan, in a form approved by the Director, at the time that it offers the qualified health plan, that the plan does not provide the essential pediatric oral care benefits; and

C) The health insurance issuer has received and kept records of written, verbal or electronic confirmation from the purchaser, or enrollee in the case of a group plan, that he or she has obtained, or is obtaining, other coverage that includes essential pediatric oral care benefits. b) Essential Health Benefits Package In this Section, the term "essential health benefits package" means, with respect to any health plan, coverage that:

1) provides for the essential health benefits defined under subsection (c);

2) limits cost-sharing for such coverage in accordance with Section 2001.12(a); and

3) subject to Section 2001.12(i), provides either the bronze, silver, gold or platinum level of coverage described in Section 2001.12(b). (See 42 USC 18022(a) and (b).) c) Essential Health Benefits

1) In General Subject to subsection (c)(2)(c)(3), essential health benefits shall include at least the following general categories and the items and services covered within the categories:

A) Ambulatory patient services;

B) Emergency services;

C) Hospitalization;

D) Maternity and newborn care;

ILLINOIS REGISTER 9383 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENT

E) Mental health and substance use disorder services, including behavioral health treatment;

F) Prescription drugs;

G) Rehabilitative and habilitative services and devices;

H) Laboratory services;

I) Preventive and wellness services and chronic disease management; and

J) Pediatric services, including oral and vision care. (See 42 USC 18022(a) and (b).)

2) Background

A) In August 2012, the Governor's Office convened a workgroup of representatives from a number of State agencies to develop a recommendation to the Healthcare Reform Implementation Council on Essential Health Benefits for qualified health plans in Illinois. This workgroup met several times over the course of two months.

B) The Patient Protection and Affordable Care Act defined 10 EHB that must be included in all Qualified Health Plans sold inside and outside the Health Benefits Exchange starting in 2014.

C) The 10 EHB are:

i) ambulatory patient services;

ii) emergency services;

iii) hospitalization;

iv) maternity and newborn care;

ILLINOIS REGISTER 9384 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENT

v) mental health and substance use disorder services, including behavioral health treatment;

vi) prescription drugs;

vii) rehabilitative and habilitative services and devices;

viii) laboratory services;

ix) preventive and wellness services and chronic disease management; and

x) pediatric services, including oral and vision care.

D) The purpose of recommending a benchmark plan is to ensure that individuals who purchase health insurance will have a plan that covers the EHB and services outlined by the ACA.

E) HHS set specific guidelines to establish EHB. HHS requires that states look at the insurance plans already sold in their markets and identify a "benchmark" plan that is representative of a "typical employer plan". This will help ensure that state insurance mandates are included, since any benchmark plan must already be available in a state.

F) The authority to select a benchmark plan falls with the HHS Secretary, but the State was required to make a recommendation. HHS also facilitated a public comment period on the benchmark plan that the State recommends. It is the services that are provided by this particular plan that make up the EHB for Illinois. All insurers that sell products that are not excepted benefits in Illinois are required to include, at a minimum, the value of benefits and services dictated by the benchmark plan.

G) The Health Care Reform Implementation Council intends to continuously review the benchmark selection over the next two years, at which point the State might have the option to change or amend the benchmark plan. The Council envisions an open process

ILLINOIS REGISTER 9385 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENT

for feedback that engages stakeholders and ensures the minimum coverage offered in Illinois meets the needs of our residents.

2)3) Specific Requirements Essential health benefits shall include:

A) For plan years 2017-2019, those specific benefits and limits described in the Illinois EHB Benchmark Plan selected from the Blue Cross Blue Shield of Illinois plan in the Small Group Market designated "Blue PPO Gold 011", as of September 1, 2013, published by the Centers for Medicare & Medicaid Services, 7500755 Security Boulevard, Baltimore, Maryland 21244 (http://www.cms.gov/CCIIO/Resources/Data-Resources/ Downloads/IL-BMP.zip)(http://www.cms.gov/CCIIO/ Resources/Data-Resources/ehb.html).

B) For plan years 2020 onward, those specific benefits and limits described in the Illinois EHB Benchmark Plan designated "The Access to Care and Treatment Plan", published by the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244 (http://www.cms.gov/CCIIO/ Resources/Data-Resources/Downloads/2020-BPM-IL.zip).

This subsection (c)(2)regulation does not include any later amendments or editions, if any, to the Illinois EHB Benchmark Plansbenchmark.

(Source: Amended at 43 Ill. Reg. 9378, effective August 26, 2019)

ILLINOIS REGISTER 9386 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Health Maintenance Organization

2) Code Citation: 50 Ill. Adm. Code 4521

3) Section Numbers: Adopted Actions: 4521.30 Amendment 4521.80 Repealed

4) Statutory Authority: Implementing and authorized by Sections 4-6.1, 4-17, 5-2 and 5-7 of the Health Maintenance Organization Act [215 ILCS 125/4-6.1, 4-17, 5-2 and 5-7]; 42 USC 300gg-22; and 45 CFR 150.101(b)(2) and 150.201.

5) Effective Date of Rules: August 26, 2019

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

7) Does this rulemaking contain incorporations by reference? Yes

8) A copy of the adopted rules, including any material incorporated by reference, is on file in the principal office of the Department of Insurance and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 4877; May 3, 2019

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

11) Differences between Proposal and Final Version: None

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

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

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

15) Summary and Purpose of Rulemaking: Section 4521.30 previously incorporated by reference a 1994 edition of the "Valuation of Securities Manual" published by the National Association of Insurance Commissioners to value securities for which valuations are not otherwise defined by statute or rule. That publication has been

ILLINOIS REGISTER 9387 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

superseded by the "Purposes and Procedures Manual of the NAIC Investment Analysis Office". The incorporation by reference has been revised to reflect the current publication. A reference to the American Institute of Real Estate Appraisers has also been revised to the Appraisal Institute to reflect the organization's current name after a merger. Section 4521.80 required HMOs to comply with financial reporting requirements as set forth in Section 2-7 of the HMO Act, which has been repealed. Instead, the HMO Act now incorporates by reference the same financial reporting requirements that apply to insurance companies under 215 ILCS 5/136. That statute provides at least as much detailed instruction as Section 4521.80. As such, Section 4521.80 has become both out of date and redundant, and has been repealed.

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

Eric Moser Assistant Deputy Director, Financial Regulation Department of Insurance 320 West Washington Street Springfield IL 62767-0001

217/557-3759

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

ILLINOIS REGISTER 9388 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

TITLE 50: INSURANCE CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER ww: HEALTH CARE SERVICE PLANS

PART 4521 HEALTH MAINTENANCE ORGANIZATION

Section 4521.10 Scope 4521.20 Definitions 4521.30 Valuation of Investments 4521.40 Grievance Procedure 4521.50 Contracts, Administrative Arrangements and Material Modifications 4521.60 Rates 4521.70 Subordinated Indebtedness 4521.80 Financial Reporting (Repealed) 4521.90 Conflict of Interest and Required Disclosure 4521.100 Solicitation 4521.110 Requirements for Group Contracts, Evidences of Coverage and Individual Contracts 4521.111 Cancellation 4521.112 Form Filing Requirements 4521.113 Point of Service Plan Requirements 4521.120 Internal Security Standards and Fidelity Bonds 4521.130 Basic Health Care Services 4521.131 Basic Outpatient Preventive and Primary Health Care Services for Children 4521.132 Required Coverage for Reconstructive Surgery Following Mastectomies 4521.140 General Provisions 4521.141 HMO Producer Licensing Requirements 4521.142 Limited Insurance Representative Requirements − Public Aid and Medicare Enrollers 4521.150 Severability

AUTHORITY: Implementing and authorized by Sections 4-6.1, 4-17, 5-2 and 5-7 of the Health Maintenance Organization Act [215 ILCS 125]; 42 USC 300gg-22; and 45 CFR 150.101(b)(2) and 150.201.

SOURCE: Filed June 16, 1976, effective July 1, 1976; codified at 7 Ill. Reg. 3016; amended at 15 Ill. Reg. 199, effective December 28, 1990; amended at 20 Ill. Reg. 10639, effective July 25,

ILLINOIS REGISTER 9389 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

1996; recodified at 21 Ill. Reg. 1729; emergency amendment at 21 Ill. Reg. 15262, effective November 18, 1997, for a maximum of 150 days; amended at 22 Ill. Reg. 6671, effective March 31, 1998; amended at 23 Ill. Reg. 5690, effective May 3, 1999; emergency amendment at 26 Ill. Reg. 5146, effective March 25, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 13088, effective August 19, 2002; transferred from the Department of Insurance to the Department of Financial and Professional Regulation pursuant to Executive Order 2004-6 on July 1, 2004; amended at 28 Ill. Reg. 14412, effective October 19, 2004; amended at 30 Ill. Reg. 4732, effective March 2, 2006; transferred from the Department of Financial and Professional Regulation to the Department of Insurance pursuant to Executive Order 2009-4 on June 1, 2009; amended at 37 Ill. Reg. 14032, effective August 26, 2013; amended at 38 Ill. Reg. 2272, effective January 2, 2014; amended at 38 Ill. Reg. 23437, effective November 25, 2014; amended at 39 Ill. Reg. 6505, effective April 24, 2015; recodified from 50 Ill. Adm. Code 5421 to 50 Ill. Adm. Code 4521 at 41 Ill. Reg. 4985; amended at 43 Ill. Reg. 9386, effective August 26, 2019.

Section 4521.30 Valuation of Investments

a) The "Purposes and Procedures Manual of the NAIC Investment Analysis OfficeValuations of Securities Manual", as of December 31, 2018 (National Association of Insurance Commissioners, One New York Plaza, Ste. 4210, New York NY 10004)1994 (no later editions or amendments), as published by the National Association of Insurance Commissioners (NAIC), shall be used for valuing securities for which valuations are not otherwise defined by statute or rule. The Director shall disallow any procedure prescribed by that manual if the Director deems it necessary to ascertain the condition and affairs of the company. In making this determination, the Director shall consider such factors as:

1) the nature of the investment (stocks or bonds);

2) the financial condition of the issuing company;

3) the applicability of other standardized accounting procedures; and

4) other factors affecting the accuracy of the valuation.

b) The following procedure shall be required for the listed investment:

1) Real Estate Written appraisals for real estate investments shall be submitted to the

ILLINOIS REGISTER 9390 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS

Department for review 15 days following the end of the month in which the real estate was acquired. Real estate investments requiring approval under Section 3-1(h)(16)(iii) of the Act [215 ILCS 125/3-1(h)(16)(iii)] shall have an appraisal. The appraisal shall be reviewed to insure that the appraisal was performed by a member of the AppraisalAmerican Institute of Real Estate Appraisers in the customary manner and that the appraisal supports the valuation amount expressed by the company in its annual statement.

2) Valuation of Investments Otherwise Defined A company that has an investment that cannot be valued in accordance with the procedures outlined in subsection (b)(1) must file a request for valuation with the Department within 15 days following the end of the month in which the investment is acquired. This request shall include, at a minimum, the following information:

A) A description of the investment;

B) Date of acquisition;

C) Name of vendor;

D) Cost of investment to company;

E) Par value, if relevant;

F) Rate and/or amount of interest, dividend or other compensation earned or accrued;

G) Any other significant terms of the investment.

(Source: Amended at 43 Ill. Reg. 9386, effective August 26, 2019)

Section 4521.80 Financial Reporting (Repealed)

Every entity possessing a Certificate of Authority to transact the business of an HMO shall report the financial condition and results of its HMO operations in a form, adopted for the reporting requirements of Section 2-7 of the Act [215 ILCS 125/2-7], that shall conform substantially to the form of report adopted by the National Association of Insurance Commissioners, as revised,

ILLINOIS REGISTER 9391 19 DEPARTMENT OF INSURANCE

NOTICE OF ADOPTED AMENDMENTS with such modifications and additions to the form as the Director may deem desirable and necessary to ascertain the condition, affairs, and performance of the HMO.

(Source: Repealed at 43 Ill. Reg. 9386, effective August 26, 2019)

ILLINOIS REGISTER 9392 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Nuisance Wildlife Control Permits

2) Code Citation: 17 Ill. Adm. Code 525

3) Section Numbers: Adopted Actions: 525.55 Amendment 525.75 Amendment 525.Exhibit A Amendment

4) Statutory Authority: Implementing and authorized by Section 2.37 of the Wildlife Code [520 ILCS 5/2.37]

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5355; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make changes to how and when permittees can take bats in Illinois.

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

ILLINOIS REGISTER 9393 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

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

ILLINOIS REGISTER 9394 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 525 NUISANCE WILDLIFE CONTROL PERMITS

Section 525.10 Purpose 525.15 Definitions 525.20 Requirements, Application and Permit Procedures 525.30 General Provisions 525.35 Approved Methods of Take: Game Mammals, Furbearing Mammals and Other Mammals 525.40 Prohibited Methods of Take 525.45 Disposition of Animals 525.50 Euthanasia 525.55 Bats 525.60 Game Birds 525.65 Migratory Birds 525.70 Business Practices 525.75 Exceptions to Permit Requirements and Provisions 525.80 Revocation and Suspension of Permits: Hearings and Appeals

525.EXHIBIT A Application for Nuisance Wildlife Control Permit

AUTHORITY: Implementing and authorized by Section 2.37 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 15 Ill. Reg. 4149, effective March 4, 1991; amended at 16 Ill. Reg. 1826, effective January 17, 1992; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 23 Ill. Reg. 3406, effective March 8, 1999; amended at 27 Ill. Reg. 735, effective January 6, 2003; amended at 29 Ill. Reg. 3919, effective February 24, 2005; amended at 41 Ill. Reg. 8476, effective June 28, 2017; amended at 43 Ill. Reg. 9392, effective August 23, 2019.

Section 525.55 Bats

ILLINOIS REGISTER 9395 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS a) Bats may not be shot, trapped, transported or held in confinement except as allowed by Section 525.75. b) Exterior and interior exclusion may be performed at any time of the year. c) Permanent eviction of bats may be performed from:

1) March 15 through May 15 when outdoor temperatures are forecasted to exceed 50 degrees F. at dusk for a minimum of 2 consecutive nights;

2) August 5 through October 30 when outdoor temperatures are forecasted to exceed 50 degrees F. at dusk for a minimum of 2 consecutive nights and the permittee has made a reasonable attempt to determine young are capable of flight; and.

3) May 16 through August 4 and October 31 through March 14 if the following conditions are met:

i) Definitive species identification and, if applicable, proper permits are issued by Department staff to safely and legally handle State or federally threatened or endangered species;

ii) Bats have been found in the living quarters of a residence, in a place of business, or within a building where people congregate;

iii) The Permittee contacted Department staff at (217)785-2614 to request authority to permanently evict bats from a structure;

iv) Department staff has assessed the situation to determine if there is a human health and safety hazard; staff may do so jointly with the local health department and issue an official decision to the permittee within 2 business days after notification; and

v) Property owners and/or residents are informed of secondary health hazards that may result from the exclusion of parents and death of flightless pups left in the structure/residence. d) Violation is a Class B misdemeanor.

ILLINOIS REGISTER 9396 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

(Source: Amended at 43 Ill. Reg. 9392, effective August 23, 2019)

Section 525.75 Exceptions to Permit Requirements and Provisions

a) Activities performed in accordance with this Section do not require authorization from the Department or issuance of any permit by the Department.

1) Any person may capture a bat alive when found in the living quarters of a structure and immediately release it outdoors.

2) Any person may capture a bat alive when found in the living quarters of a structure and transport it to a local health department, animal control office, or veterinarian for submission to a laboratory if there is concern about human or domestic animal exposure to rabies. Examples of circumstances that warrant concern about exposure to rabies include:

A) a person confirms he or she was bitten or scratched by a bat;

B) a person confirms he or she had direct (skin) contact with a bat, such as handling it without gloves;

C) at any time, a bat was present while a person was asleep, unconscious or intoxicated;

D) at any time, a bat was present while a person unable to comprehend or communicate possible risk of exposure to rabies was alone with a bat;.

E) at any time, the presence of bats is deemed to be a human health and safety hazard by a municipal or county health department and/or the Illinois Department of Public Health.

3) Any owner or tenant of lands, including operations, associations and governmental bodies, and agents acting on their behalf, may scare or herd away migratory birds that are not incubating eggs or raising dependent young when the migratory birds are causing damage to property, risks to human health or safety, or nuisances. Approved methods of scaring include, but are not limited to:

ILLINOIS REGISTER 9397 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

A) noise-making devices such as propane cannons, air horns, distress calls, whistles, blank shells, cracker shells, or pyrotechnic devices such as bangers and screamers used in accordance with federal regulations (27 CFR 555) and local ordinances;

B) visual methods such as flash tape, balloons, flags, vehicles, fencing, radio-controlled vehicles, dogs or nonharmful light- emitting devices; and

C) chemical repellants that are registered for the nonlethal control of birds by USEPA.

4) In accordance with federal regulations (50 CFR 21.43) and Section 525.35(d), any person who has written permission from the landlord or tenant may remove or destroy, by use of a shotgun, air gun or traps, and only on or over the threatened area, any red-winged blackbirds, Brewer's blackbirds, cowbirds, grackles and crows when they are causing serious injuries to agricultural crops, horticultural crops, livestock feed, or wildlife recognized by the Department or U.S. Fish and Wildlife Service as species that are endangered, threatened, candidates for listing, or of special concern, or when causing a health hazard or structural property damage.

5) Subject to the Bald and Golden Eagle Protection Act (16 USC 668) and Section 3 of the Illinois Endangered Species Protection Act [520 ILCS 10], any landowner or tenant and his or her agents may destroy nests of birds that do not contain eggs or dependent young, provided that no possession occurs during destruction. This authority is limited to property owned or leased by the landowner or tenant.

6) Any person may capture a migratory bird that is trapped inside a building or structure and immediately release it outdoors or, if the bird is injured, exhausted or ill, transfer it to a licensed wildlife rehabilitator in accordance with federal regulations (50 CFR 21.12).

7) Any person may dispose of a dead migratory bird in accordance with Section 525.45(e). b) Drainage districts may control beavers in accordance with Section 2.37 of the Code.

ILLINOIS REGISTER 9398 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

c) Recipients of Nuisance Animal Removal Permits, Deer Removal Permits, and Deer Population Control Permits issued under Section 2.37 of the Code are exempt from this Part.

(Source: Amended at 43 Ill. Reg. 9392, effective August 23, 2019)

ILLINOIS REGISTER 9399 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Section 525.EXHIBIT A Application for Nuisance Wildlife Control Permit

Part 1. Personal Data Name First Middle Initial Last

Date of Birth Month Day Year Email AddressSocial Security Number

Address Street

City State Zip Code

Phone - Area Code Number

Representing the following company, organization or governmental body (if applicable): ______

Part 2. Type of permit applied for (check one):

Class A (Commercial − Mammals and Game Birds) Class B* (Zoos and Botanical Gardens or landowners and tenants applying for take of migratory birds on their property in accordance with a federal permit) Class C (Governmental – Mammals and Game Birds Only) Class D (Commercial – Migratory Birds) Class E (Governmental – Migratory Birds)

* Zoos and botanical garden must attach a copy of their Internal Revenue Service tax-exempt status determination letter, professional accreditation, and a map or legal description of their properties where wildlife will be controlled; landowners and tenants desiring to take migratory birds on their property must attach a copy of their Federal

ILLINOIS REGISTER 9400 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

permit.

Part 3. Work Area (Applicants for Class A and D Permits only) A list of permittees is distributed to District Wildlife Biologists and Conservation Police Officers so that they can refer complainants to permittees who service that area. Please list (in order of preference) up to four counties that you service. This list will be used strictly for referrals; your activities are not restricted to this area.

County 1 County 2 County 3 County 4

I certify that all information provided on this application is true and correct to the best of my knowledge.

Applicant's Signature RETURN COMPLETED APPLICATIONS TO: Illinois Department of Natural Resources Division of Wildlife Resources One Natural Resources Way Springfield IL 62702-1271

(Source: Amended at 43 Ill. Reg. 9392, effective August 23, 2019)

ILLINOIS REGISTER 9401 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Rabbit Hunting

2) Code Citation: 17 Ill. Adm. Code 530

3) Section Numbers: Adopted Actions: 530.80 Amendment 530.95 Amendment 530.110 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2, 2.6, 2.7, 2.13, 2.27, 2.30, 2.33, 3.5, 3.27, 3.28 and 3.29 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.13, 2.1, 2.2, 2.6, 2.7, 2.13, 2.27, 2.30, 2.33, 3.5, 3.27, 3.28 and 3.29].

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5364; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

ILLINOIS REGISTER 9402 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

16) Information and questions regarding 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 9403 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 530 COCK PHEASANT, HUNGARIAN PARTRIDGE, BOBWHITE QUAIL, AND RABBIT HUNTING

Section 530.10 Statewide General Regulations 530.20 Statewide Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Cottontail and Swamp Rabbit Regulations 530.30 Statewide Hungarian Partridge Regulations (Repealed) 530.40 Statewide Bobwhite Quail Regulations (Repealed) 530.50 Statewide Rabbit Regulations (Repealed) 530.60 Statewide Crow Regulations (Repealed) 530.70 Permit Requirements for Fee Hunting of Pheasant, Quail and Rabbit at Controlled Permit Hunting Sites 530.80 Regulations for Fee Hunting of Pheasant, Quail and Rabbit at Controlled Permit Hunting Sites 530.85 Youth Pheasant Hunting Permit Requirements 530.90 Illinois Youth Pheasant Hunting Sites Permit Requirements (Repealed) 530.95 Youth Pheasant Hunting Regulations 530.100 Illinois Youth Pheasant Hunting Regulations (Repealed) 530.105 Regulations for Fee Hunting of Pheasant, Hungarian Partridge, Quail and Rabbit at Controlled Daily Drawing Pheasant Hunting Sites (Repealed) 530.110 Regulations for Non-Fee Hunting of Cock Pheasant, Hungarian Partridge, Quail, and Rabbit at Various Department-Owned or -Managed Sites 530.115 Regulations for Hunting by Falconry Methods at Various Department-Owned or -Managed Sites 530.120 Regulations for Hunting Crow at Various Department-Owned or -Managed Sites (Repealed)

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2, 2.6, 2.7, 2.13, 2.27, 2.30, 2.33, 3.5, 3.27, 3.28 and 3.29 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 5 Ill. Reg. 8777, effective August 25, 1981; codified at 5 Ill. Reg. 10634; amended at 6 Ill. Reg. 10667, effective August 20, 1982; amended at 7 Ill. Reg. 10755, effective August 24, 1983; amended at 8 Ill. Reg. 21574, effective October 23, 1984; amended at 9 Ill.

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Reg. 15846, effective October 8, 1985; amended at 10 Ill. Reg. 15579, effective September 16, 1986; emergency amendment at 10 Ill. Reg. 18822, effective October 16, 1986, for a maximum of 150 days; emergency expired March 15, 1987; amended at 11 Ill. Reg. 10546, effective May 21, 1987; amended at 12 Ill. Reg. 12016, effective July 7, 1988; amended at 13 Ill. Reg. 12796, effective July 21, 1989; emergency amendment at 13 Ill. Reg. 12985, effective July 31, 1989, for a maximum of 150 days; emergency expired December 28, 1989; amended at 13 Ill. Reg. 17348, effective October 27, 1989; amended at 14 Ill. Reg. 10775, effective June 20, 1990; emergency amendment at 14 Ill. Reg. 18324, effective October 29, 1990, for a maximum of 150 days; emergency expired March 28, 1991; amended at 15 Ill. Reg. 9924, effective June 24, 1991; emergency amendment at 15 Ill. Reg. 16124, effective October 25, 1991, for a maximum of 150 days; emergency expired March 23, 1992; amended at 15 Ill. Reg. 18138, effective December 6, 1991; amended at 16 Ill. Reg. 12470, effective July 28, 1992; amended at 16 Ill. Reg. 18951, effective December 1, 1992; amended at 17 Ill. Reg. 15534, effective September 10, 1993; amended at 18 Ill. Reg. 12628, effective August 9, 1994; amended at 19 Ill. Reg. 12615, effective August 29, 1995; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 20 Ill. Reg. 12397, effective August 30, 1996; amended at 21 Ill. Reg. 9042, effective June 26, 1997; amended at 22 Ill. Reg. 14762, effective August 3, 1998; amended at 23 Ill. Reg. 9012, effective July 28, 1999; amended at 24 Ill. Reg. 12496, effective August 7, 2000; amended at 25 Ill. Reg. 11119, effective August 21, 2001; amended at 26 Ill. Reg. 16210, effective October 18, 2002; amended at 27 Ill. Reg. 15381, effective September 18, 2003; amended at 28 Ill. Reg. 12835, effective September 1, 2004; amended at 29 Ill. Reg. 13813, effective August 26, 2005; amended at 30 Ill. Reg. 14478, effective August 24, 2006; amended at 31 Ill. Reg. 9175, effective June 18, 2007; amended at 32 Ill. Reg. 17455, effective October 24, 2008; amended at 33 Ill. Reg. 13871, effective September 21, 2009; amended at 34 Ill. Reg. 16429, effective October 8, 2010; amended at 35 Ill. Reg. 15212, effective September 2, 2011; amended at 36 Ill. Reg. 14704, effective September 21, 2012; amended at 37 Ill. Reg. 16394, effective October 3, 2013; amended at 38 Ill. Reg. 22722, effective November 18, 2014; amended at 39 Ill. Reg. 11331, effective August 3, 2015; amended at 40 Ill. Reg. 10475, effective July 20, 2016; amended at 40 Ill. Reg. 15149, effective October 18, 2016; amended at 41 Ill. Reg. 8525, effective June 28, 2017; amended at 42 Ill. Reg. 13057, effective June 22, 2018; amended at 43 Ill. Reg. 9401, effective August 23, 2019.

Section 530.80 Regulations for Fee Hunting of Pheasant, Quail and Rabbit at Controlled Permit Hunting Sites

a) Hunting Seasons:

1) The following controlled pheasant hunting areas shall be closed to

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pheasant permit hunting on every Monday and Tuesday during the controlled hunting season (except as provided in subsection (a)(3)) and on December 25.

Chain O'Lakes State Park

Des Plaines State Conservation Area

Eldon Hazlet State Park (Carlyle Lake)

Horseshoe Lake State Park – Madison County

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit

Johnson-Sauk Trail State Park

Kankakee River State Park

Lee County State Conservation Area (Green River State Wildlife Area)

Moraine View State Park

Ramsey Lake State Park

Sand Ridge State Forest

Silver Springs State Park

Wayne Fitzgerrell State Park (Rend Lake)

2) The following controlled pheasant hunting areas are open only to participants in the Illinois Youth Pheasant Hunting Program on the first Saturday following the opening of the statewide upland game season.

Chain O'Lakes State Park

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Des Plaines State Conservation Area

Eldon Hazlet State Park (Carlyle Lake)

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit

Johnson-Sauk Trail State Park

Lee County State Conservation Area (Green River State Wildlife Area)

Moraine View State Park

Sand Ridge State Forest

Wayne Fitzgerrell State Park (Rend Lake)

3) Controlled pheasant hunting seasons are listed below; exceptions are in parentheses; with written authorization from the Director, captive-reared game bird hunting may be scheduled during the season provided for in Section 1.13 or 2.6 of the Wildlife Code [520 ILCS 5], whichever is longer, on the following DNR operated areas:

Chain O'Lakes State Park (closed the week of the November 3-day firearm season) – Friday through Sunday beginning with the Friday before the first Saturday in November through the seventh Sunday following, except Wednesday through Sunday during the week of Thanksgiving Day

Des Plaines State Conservation Area (closed during the November 3-day firearm deer hunting), Iroquois County State Conservation Area (closed during the November firearm deer hunting season) and Moraine View State Park – the Wednesday before the first Saturday of November through the ninth Sunday following

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Eldon Hazlet State Park and Wayne Fitzgerrell State Park – the Wednesday following the first Saturday of November through the ninth Sunday following

Horseshoe Lake State Park-Madison County (closed Wednesday and Thursday from opening day until the close of the central zone duck season and New Year's Day) – Friday through Sunday beginning with the Friday before the third Saturday of December through the following January 31, except open Wednesday through Sunday during the last week of December

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit (closed during the November and December firearm deer hunting season), Johnson-Sauk Trail State Park (closed New Year's Day and the Thursday and Friday after the first Saturday in November when the first Saturday in November is November 1 through 3), Kankakee River State Park (closed New Year's Day) – season dates are those specified in Section 530.20

Lee County State Conservation Area (Green River) (closed the weeks of the November 3-day and December 4-day firearm deer seasons) – Friday through Sunday beginning with the Friday before the first Saturday in November through the seventh Sunday following

Ramsey Lake State Park (closed on New Year's Day) – Saturdays and Sundays in November except Friday through Sunday during the week of Thanksgiving, Saturdays and Sundays in December except Friday through Sunday before and following Christmas Day, and Saturdays and Sundays in January

Sand Ridge State Forest – Fridays through Sundays and Thanksgiving Day during the season dates specified in Section 530.20

Silver Springs State Park (closed New Year's Day) – the third Saturday of October through the following January 8 b) Hunting hours are listed below. On Thanksgiving Day, hunting hours are 9:00

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NOTICE OF ADOPTED AMENDMENTS a.m.-1:00 p.m. Hunters with reservations are required to check in at the check station on the following sites at the listed times. Hunters with reservations that check in after the required check-in time may not be allowed to hunt if the site hunter quota has been filled.

Site Name Check-In Times Hunting Hours

Chain O'Lakes State Park 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m.

Des Plaines State 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m. Conservation Area

Eldon Hazlet State Park 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m. (Carlyle Lake)

Horseshoe Lake State Park 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m. (Madison County)

Iroquois County State 7:00-8:00-8:30 9:00 a.m.-4:00 p.m. Conservation Area a.m.

Jim Edgar Panther Creek 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m. State Fish and Wildlife Area (Controlled Unit)

Johnson-Sauk Trail State 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m. Park

Kankakee River State Park 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m.

Lee County State 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m. Conservation Area (Green River State Wildlife Area)

Moraine View State Park 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m.

Ramsey Lake State Park 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m.

Sand Ridge State Forest 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m.

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Silver Springs State Park 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m.

Wayne Fitzgerrell State 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m. Park (Rend Lake) c) Except for Standing Vehicle Permittees with a Disabled Controlled Pheasant Hunting Permit, during the controlled pheasant hunting season when daily quotas are not filled, permits shall be issued by drawing held at the conclusion of check-in time and if daily quotas remain unfilled at the conclusion of the drawing, on a first come-first served basis until 12:00 noon unless an earlier time is posted at the site's hunter check station at the following sites:

Des Plaines State Conservation Area

Eldon Hazlet State Park

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area

Johnson-Sauk Trail State Park

Lee County State Conservation Area (Green River)

Kankakee River State Park

Moraine View State Park

Sand Ridge State Forest

Wayne Fitzgerrell State Park d) Hunting licenses, daily "Public Hunting Grounds for Pheasants" fees and hunting permit fees collected by public/private partnership area concessionaire:

1) Depending on the availability of staff during the controlled pheasant hunting season, hunters may be required to deposit their hunting license in the check station while hunting. Persons exempt by law from having a

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hunting license must deposit their Firearm Owner's Identification Card. If they are under 21 years old and do not have a card, they must be accompanied by a parent, legal guardian or a person in loco parentis who has a valid card in possession.

2) Pursuant to Section 1.13 of the Wildlife Code, at Lee County State Conservation Area (Green River), hunters must pay the following daily Public Hunting Grounds for Pheasants fee to the Department prior to hunting: $30 residents; $35 non-residents. On the Sunday following Thanksgiving Day, hunters under 18 are not required to pay the daily Public Hunting Grounds for Pheasants fee.

3) Pursuant to Section 1.13 of the Code, at Des Plaines State Conservation Area, Iroquois County State Conservation Area, Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit, Johnson-Sauk Trail State Park, Kankakee River State Park, Moraine View State Park, Eldon Hazlet State Park (Carlyle Lake), Wayne Fitzgerrell State Park and Sand Ridge State Forest, hunters must pay the following daily Public Hunting Grounds for Pheasants fee to the Department prior to hunting: $30 residents; $35 non-residents. On the Sunday following Thanksgiving Day and the Saturday between Christmas Day and New Year's Day, hunters under 18 are not required to pay the daily Public Hunting Grounds for Pheasants fee.

4) Hunters must pay the following hunting permit fees to be collected by the public/private partnership area concessionaire under the terms of a Controlled Pheasant Hunting Agreement with the Department prior to hunting. On youth hunting days requested by the concessionaire and authorized by the Department, hunters under the age of 18 are not required to pay a hunting permit fee.

Hunting permit fees at Chain O'Lakes, Horseshoe Lake (Madison County), Ramsey Lake and Silver Springs State Parks shall be set in the lease agreement between the Department and the public/private partnership area concessionaire. The lease agreement may allow the concessionaire to charge a different fee for standard hunting days and special non-standard hunting days. Fee and date information is publicly available on the Department's website at: www.dnr.illinois.gov.

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e) During the controlled pheasant hunting season, hunters must wear a back patch issued by the check station. f) Anyone who has killed game previously and has it in possession or in their vehicle must declare it with the person in charge of the area during check-in. All game found in a hunter's possession after hunting has started on the area shall be considered illegally taken if the hunter has not declared it prior to going afield. g) All hunting must be done with shotguns or bow and arrow. Only shot shells with a shot size of No. 5 lead or a non-toxic shot size ballistically equivalent to No. 5 lead or smaller may be used, except at Chain O' Lakes State Park, Des Plaines State Fish and Wildlife Area, Horseshoe Lake State Park (Madison County), Jim Edgar Panther Creek State Fish and Wildlife Area, Johnson-Sauk Trail State Park, Lee County Conservation Area (Green River), Silver Springs State Park, Wayne Fitzgerrell State Park and Eldon Hazlet State Park where only nontoxic shot approved by the U.S. Fish and Wildlife Service may be possessed and only shot shells with a shot size ballistically equivalent to No. 5 lead or smaller may be used or in possession. Flu flu arrows only may be used or in possession by bow and arrow hunters. h) Non-hunters are not allowed in the field, except at special hunts publicly announced by the Department where non-hunters authorized by the Department shall be allowed in the field, and except for operators of Department conveyances and Standing Vehicle Permittees and a single dog handler for the Permittee. i) Hunters under 16 years of age must be accompanied by an adult hunter. j) Daily limits − On the following areas, a permit authorizes the harvest of 2 pheasants of either sex per hunter; exceptions are in parentheses. With written authorization from the Director, the Department may issue more than one permit to a hunter, and, further, the Department may authorize the harvest of released game birds and migratory game birds as provided for in Section 3.28 of the Code. The limits provided for in Section 3.28 shall apply at the following sites:

Chain O'Lakes State Park (two 2 pheasant permits or one 3 or 4 pheasant permit per hunter each day)

Des Plaines State Conservation Area

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Eldon Hazlet State Park

Lee County State Conservation Area (2 cock pheasants per permit hunter)

Horseshoe Lake State Park-Madison County (two 2 pheasant permits or one 3 or 4 pheasant permit per hunter each day; additionally, first day only, 4 quail and 2 rabbits per hunter)

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area (additionally, 8 bobwhite quail opening day through the Sunday following Thanksgiving Day and 4 rabbits per hunter)

Johnson-Sauk Trail State Park (additionally, 8 bobwhite quail, 2 Hungarian partridge and 4 rabbits per hunter)

Kankakee River State Park (additionally, 8 bobwhite quail and 4 rabbits per hunter)

Moraine View State Park

Ramsey Lake State Park (two 2 pheasant permits or one 3 or 4 pheasant permit per hunter each day; additionally, 8 bobwhite quail and 4 rabbits per hunter)

Sand Ridge State Forest (additionally, 8 bobwhite quail and 4 rabbits per hunter)

Silver Springs State Park (two 2 pheasant permits or one 3 or 4 pheasant permit per hunter each day)

Wayne Fitzgerrell State Park k) Tagging of Birds During the controlled pheasant hunting season, all pheasants must be affixed with a Department tag before they are removed from the area during the controlled pheasant hunting season. The tag must remain on the leg of the pheasants until

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the pheasants are finally prepared for consumption.

l) During the controlled pheasant hunting season, hunters may not leave the confines of any permit area and return to hunt on the permit area during the same day.

m) Any person who violates any provision of this Part or 17 Ill. Adm. Code 510.10(c)(1), (4) and (6) or (d)(7) or Section 2.33(n), (x) or (z) of the Wildlife Code shall be subject to arrest and/or removal from the premises for the remainder of the controlled pheasant hunting season under applicable statutes, including Section 21-5 of the Criminal Code (Criminal Trespass to State Supported Land). Hunters may request a hearing within 10 days after the citation by written request addressed to: Legal Division, Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271. The hearing shall be governed by the provisions of 17 Ill. Adm. Code 2530.

n) Violation of a site regulation is a petty offense (see 520 ILCS 5/2.6, 2.7, 2.13 or 2.27).

(Source: Amended at 43 Ill. Reg. 9401, effective August 23, 2019)

Section 530.95 Youth Pheasant Hunting Regulations

a) At the following sites, the Illinois Youth Pheasant Hunt will be held on:

1) the Saturday preceding the opening of the statewide upland game season:

Clinton Lake State Recreation Area

2) the Saturday following the opening of the statewide upland game season:

Chain O'Lakes State Park

Des Plaines State Conservation Area

Eldon Hazlet State Park (Carlyle Lake)

Lee County State Conservation Area (Green River)

Iroquois County State Conservation Area

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Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit

Johnson-Sauk Trail State Park

Mackinaw River State Fish and Wildlife Area

Moraine View State Park

Sand Ridge State Forest

Sangchris Lake State Park

Wayne Fitzgerell State Park (Rend Lake)

3) the second Sunday following the opening of the statewide upland game season:

Horseshoe Lake State Park (Madison County)

4) the third Saturday of March:

World Shooting Complex

5) the first Saturday of March:

Pere Marquette State Park/Mississippi River Area – Pool 26 State Fish and Wildlife Area

6) the Saturday two weeks before the opening of the statewide upland game season:

Edward R. Madigan State Fish and Wildlife Area b) Hunting hours are from 9:00 a.m. to 4:00 p.m., except that, at Sangchris Lake, hunting hours are from 11:00 a.m. to 4:00 p.m., and, at Edward R. Madigan State Fish and Wildlife Area, Eldon Hazlet State Park, Mackinaw River State Fish and Wildlife Area, Pere Marquette State Park/Mississippi River Area-Pool 26 State

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Fish and Wildlife Area, and the World Shooting Complex, hunting hours are from 1:00 p.m. to 4:00 p.m. Hunters with reservations or permits are required to check in at the check station between 7:00 and 8:00 a.m. (between 8:00 and 8:30 a.m. at Iroquois County and between 10:00 and 10:30 a.m. at Sangchris Lake State Park). c) All hunters must be between the ages of 10 and 17 inclusive and have a youth hunting permit. Stand-by permits shall be issued by drawing held at the conclusion of check-in time when daily quotas are not filled. Hunters under age 18 are not required to pay a daily fee. d) Depending on the availability of staff during the controlled pheasant hunting season, hunters may be required to deposit their hunting licenses in the check station while hunting. Each permit holder must be accompanied by a non-hunting supervisory adult. If the hunter does not have a valid Firearm Owner's Identification (FOID) card, the supervisory adult is required to have a valid FOID card. Only one supervisory adult in a hunting party is required to have a valid FOID card if the hunters in the hunting party stay under the immediate control (accompany youth hunter at all times) of the supervisory adult possessing the valid FOID card. The supervising adult shall be criminally liable for the actions of the youth in the hunting party and shall be subject to the criminal penalties provided by law. e) Supervising adults are required to wear a cap and upper outer garment of solid and vivid blaze orange of a least 400 square inches. Hunters must wear a back patch issued by the check station. f) Persons who have killed game previously and have it in their possession or in their vehicle must declare it with the person in charge of the area prior to hunting on the area. All previously killed game found in a hunter's possession after hunting has started on the area will be considered illegally taken if the hunter has not declared it prior to going afield. g) All hunting must be done with shotguns. Only shot shells with a shot size of #5 lead or a nontoxic shot size ballistically equivalent to No. 5 lead or smaller may be used, except at Chain O'Lakes State Park, Des Plaines State Fish and Wildlife Area, Eldon Hazlet State Park, Horseshoe Lake State Park (Madison County), Jim Edgar Panther Creek State Fish and Wildlife Area, Johnson-Sauk Trail State Park, Lee County Conservation Area (Green River), Mackinaw River State Fish and Wildlife Area, Silver Springs State Park and Wayne Fitzgerrell State Park where

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only shot shells approved as nontoxic by the U.S. Fish and Wildlife Service with a shot size ballistically equivalent to No. 5 lead or smaller may be used.

h) Daily Limit

1) Two pheasants of either sex at Chain O'Lakes State Park, Clinton Lake State Recreation Area, Des Plaines State Conservation Area, Edward R. Madigan State Fish and Wildlife Area, Eldon Hazlet State Park, Iroquois County State Conservation Area, Horseshoe Lake State Park (Madison County), Johnson-Sauk Trail State Park, Mackinaw River State Fish and Wildlife Area, Moraine View State Park, Pere Marquette State Park/Mississippi River Area-Pool 26 State Fish and Wildlife Area, Sand Ridge State Forest, Wayne Fitzgerrell State Park and the World Shooting Complex.

2) Two cock pheasants only at the Lee County State Conservation Area (Green River).

3) Statewide upland game limits at Sangchris Lake State Park.

4) Two pheasants of either sex, eight quail and four rabbits at Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit.

i) All pheasants must be affixed with a Department tag before they are removed from the area. The tag must remain on the leg of the pheasants until the pheasants are finally prepared for consumption.

j) Violation of this Section is a petty offense (see 520 ILCS 5/2.6).

(Source: Amended at 43 Ill. Reg. 9401, effective August 23, 2019)

Section 530.110 Regulations for Non-Fee Hunting of Cock Pheasant, Hungarian Partridge, Quail, and Rabbit at Various Department-Owned or -Managed Sites

a) General Site Regulations

1) All regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping – apply in this Section, unless this Section is more restrictive.

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2) Only flu flu arrows may be used by bow and arrow hunters; broadheads are not allowed.

3) On sites that are indicated by (1), hunters must check in and/or sign out. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (5).

4) On sites that are indicated by (2), only nontoxic shot approved by the U.S. Fish and Wildlife Service of size #3 steel or tin, #4 bismuth shot or #5 tungsten-iron, tungsten-polymer, tungsten-matrix or smaller may be used or possessed.

5) Site specific rules or exceptions are noted in parentheses after each site. b) Site Specific Regulations

1) Statewide regulations apply at the following sites:

Alvah Borah State Habitat Area (5)

Anderson Lake State Conservation Area (1) (2)

Apple River Canyon State Park – Salem and Thompson Units (rabbits only; closed during firearm deer hunting) (5)

Argyle Lake State Park (closed during firearm deer hunting) (5)

Banner Marsh State Fish and Wildlife Area (opens the day after the close of the central zone duck season) (1) (2)

Big Bend State Fish and Wildlife Area (hunting for bobwhite quail will terminate at the close of legal shooting hours on December 14) (1) (2)

Big River State Forest (closed during firearm deer hunting) (5)

Buffalo Prairie Pheasant Habitat Area (site will be open to Youth Hunting Only (hunters <18 years old accompanied by a non-hunting adult) for the first 2 weeks of the Upland Game

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Season; the site will be open to upland game hunting with statewide regulations after the first 2 weeks of season) (1) (2)

Cache River State Natural Area (1)

Campbell Pond State Wildlife Management Area (5)

Cape Bend State Fish and Wildlife Area (1)

Carlyle Lake State Lands and Waters (Corps of Engineers Managed Lands)

Carlyle Lake State Fish and Wildlife Area (subimpoundment area closed 7 days prior to and during the southern zone waterfowl season) (5)

Chauncey Marsh State Natural Area (2) (5)

Clinton Lake State Recreation Area (4:00 p.m. daily closing) (5)

Copperhead Hollow State Fish and Wildlife Area (rabbit hunting only) (5)

Crawford County State Fish and Wildlife Area (1) (2)

Cretaceous Hills State Natural Area (2) (5)

Cypress Pond State Natural Area (1)

Deer Pond State Natural Area (1)

Devil's Island State Fish and Wildlife Area

Dog Island State Wildlife Management Area (5)

Double T State Fish and Wildlife Area (opens the day after the close of the Central Illinois Zone goose season) (1) (2)

Eagle Creek State Park

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Eldon Hazlet State Park (north of Allen Branch and west of Peppenhorst Branch only) (5)

Embarras River Bottoms State Habitat Area (2) (5)

Ferne Clyffe State Park (1)

Fort de Chartres State Historic Site (hunting with muzzleloading shotgun or bow and arrow only) (1)

Ft. Massac State Park (5)

Fox Ridge State Park (4:00 p.m. daily closing; closed during firearm deer hunting) (5)

Giant City State Park (1)

Hamilton County State Conservation Area (5)

Hanover Bluff State Natural Area (closed during firearm deer hunting (rabbit only)) (5)

Hidden Springs State Forest (no hunting during firearm deer hunting; 4:00 p.m. daily closing) (5)

Horseshoe Lake State Conservation Area (Alexander County) (Public Hunting Area) (5)

Horseshoe Lake State Conservation Area (Alexander County) (Controlled Hunting Area; closed prior to and during the Canada goose season) (1) (2)

Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit (all hunters must obtain a free site permit) (2)

Jim Edgar Panther Creek State Fish and Wildlife Area − Open Unit (2) (5)

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Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit (rabbit hunting only open Monday following the close of the controlled pheasant hunting season through the close of rabbit season) (2) (5)

Jubilee College State Park (hunting for pheasant and quail will terminate at sunset on the Sunday after Thanksgiving; closed during all site firearm deer hunting) (1) (2)

Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to and during duck season; the defined Baldwin Lake Waterfowl Rest Area is closed) (1)

Kickapoo State Recreation Area (4:00 p.m. daily closing; closed during firearm deer hunting) (5)

Kinkaid Lake State Fish and Wildlife Area (1)

Marseilles State Fish and Wildlife Area (closed during all site firearm deer hunting; rabbit hunting closes at the end of the pheasant and quail season; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may only enter the site from designated parking lots) (1)

Marshall State Fish and Wildlife Area (closed during firearm deer hunting) (2) (5)

Mazonia State Fish and Wildlife Area (upland season does not open until the day after the close of the site's waterfowl season; the site is closed Mondays, Tuesdays, Christmas Day and New Year's Day) (1)

Meeker State Habitat Area (5)

Mermet Lake State Fish and Wildlife Area (5)

Middle Fork State Fish and Wildlife Area (4:00 p.m. daily closing;

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closed during firearm deer hunting) (5)

Mississippi River Pools 16, 17, 18

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26)

Mississippi River Pools 21, 22, 24

Moraine View State Park (rabbit hunting permitted Mondays and Tuesdays during the site controlled hunting season; hunting hours are 8:00 a.m. to 4:00 p.m. only) (5)

Mt. Vernon Game Propagation Center (hunting from January 1 to the end of season; rabbits only) (1)

Nauvoo State Park (Max Rowe Unit only) (5)

Newton Lake State Fish and Wildlife Area (closed during firearm deer hunting) (2) (5)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (West and North Subunits only) (1)

Pyramid State Park (5)

Pyramid State Park – Galum Unit (5)

Rall Woods State Natural Area (closed during firearm deer hunting (rabbit only)) (5)

Ramsey Lake State Park (8:00 a.m. to 4:00 p.m.; rabbits and quail only may be hunted on Mondays and Tuesdays during the fee pheasant season) (5)

Randolph County State Conservation Area (1)

ILLINOIS REGISTER 9422 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Ray Norbut State Fish and Wildlife Area (5)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (5)

Red Hills State Park (2) (5)

Rend Lake Project Lands and Waters

Sahara Woods State Fish and Wildlife Area (5)

Saline County State Conservation Area (5)

Sam Dale Lake State Conservation Area (5)

Sam Parr State Park (8:00 a.m. to 4:00 p.m.) (1) (2)

Sangamon County State Conservation Area

Sanganois State Fish and Wildlife Area (2) (5)

Shawnee National Forest, Oakwood Bottoms (2)

Shelbyville State Fish and Wildlife Area (4:00 p.m. daily closing) (5)

Sielbeck Forest State Natural Area (5)

Siloam Springs State Park – Buckhorn Unit (opens December 5; closed during Late-Winter Deer Season) (5)

Skinner Farm State Habitat Area (1)

Snakeden Hollow State Fish and Wildlife Area (opens the day after the close of the Central Illinois zone goose season) (1) (2)

Spoon River State Forest (5)

Stephen A. Forbes State Park (8:00 a.m. to 4:00 p.m.) (5)

ILLINOIS REGISTER 9423 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Tapley Woods State Natural Area (closed during firearm deer hunting and muzzleloading rifle deer seasons; rabbit only) (5)

Ten Mile Creek State Fish and Wildlife Area (areas designated as Waterfowl Rest Areas are closed to all access during the regular Canada goose season only) (nontoxic shot only on posted waterfowl rest areas) (5)

Trail of Tears State Forest (1)

Turkey Bluffs State Fish and Wildlife Area (1)

Union County State Conservation Area (Firing Line Unit Management Area only) (1) (2)

Washington County State Conservation Area (1)

Weinberg-King State Park (5)

Weinberg-King State Park (Cecil White Unit) (5)

Weinberg-King State Park (Scripps Unit) (5)

Weinberg-King State Park (Spunky Bottoms Unit) (5)

Weldon Springs/Piatt County Unit (closed during first and second firearm deer hunting) (5)

Wildcat Hollow State Forest (5)

Winston Tunnel State Natural Area (closed during firearm deer hunting (rabbit only) (5)

Wise Ridge State Natural Area

Witkowsky State Wildlife Area (rabbit only; opens after second firearm deer hunting) (closed during firearm deer hunting) (5)

Wolf Creek State Park

ILLINOIS REGISTER 9424 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

2) Hunting is permitted on the following areas only on the dates listed in parentheses; or on sites indicated by (3), hunting will be permitted on the first and second day of the statewide upland game season and on each subsequent Wednesday and Saturday in November, and on each Thursday and Sunday in December, through December 24. On sites indicated by (4), hunting will be permitted on the first and second day of the statewide upland game season and on each subsequent Wednesday and Saturday in November and on each Thursday and Sunday in December, through December 24, except closed during the firearm deer seasons and open December 27 and 29. Daily hunting permits filled by drawing through DNR Permit Office. Successful applicants will be sent confirmation and a printable permit via email or can access the Reservation Inquiry System to see if they were awarded a permit. Illinois residents will have preference. Only one permit per person will be issued. Each permit authorizes the holder to bring the number of additional hunting partners listed in parentheses for the day's hunt. The permit must be in possession while hunting on the site. The harvest must be reported by February 15 (or two weeks after the season closes for those seasons ending after February 1) or permit holders will forfeit hunting privileges at the sites covered in this Section for the following year:

Birkbeck Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Bradford Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (2) (3)

Chatsworth State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (2) (3)

Clifton Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Coffeen Lake State Fish and Wildlife Area − Upland Management Area (open every Wednesday during the upland season; daily limit of bobwhite quail is 4; permits issued for dates after the close of the pheasant and quail season are for rabbit hunting only; each permit authorizes the holder to bring 3 hunting partners)

ILLINOIS REGISTER 9425 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Dublin Highlands Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Edward R. Madigan State Park (open on Mondays from the opening of upland game season until Christmas Day; each permit authorizes the holder to bring 3 hunting partners; check in required before hunting)

Finfrock State Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

Freeman Mine Habitat Area (open every Wednesday in November and December starting with opening day of upland game season except during firearm deer hunting and December 24 and 25; each permit authorizes holder to bring 3 hunting partners; hunting hours 8 a.m. to 4 p.m.; daily bag limit is 2 cock pheasants, 4 quail, and 2 rabbits)

Franklin Creek State Natural Area − Nachusa Prairie Sand Farm (each permit authorizes the holder to bring 3 hunting partners) (3)

Gifford Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Green River State Wildlife Area (open every Monday, Wednesday and Thursday in November and December beginning with the Monday after the opening of the statewide upland season through the seventh Monday following; closed during the November and December firearm deer hunting; each permit authorizes the holder to bring 5 hunting partners) (1) (2)

Hallsville Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Harry "Babe" Woodyard State Natural Area (each permit authorizes the holder to bring 3 hunting partners; 8 a.m. to 4 p.m. hunting hours) (4)

ILLINOIS REGISTER 9426 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Herschel Workman Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Hindsboro Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Ilo Dillin State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (2) (3)

Jim Edgar Panther Creek State Fish and Wildlife Area (Upland Game Management Area) (open every Tuesday and Saturday during the upland game season, starting with opening day of upland game season, except during firearm deer season and December 24 and 25; permits issued for dates after the close of the pheasant and quail season are for rabbit hunting only; each permit authorizes holder to bring 3 hunting partners) (2)

Larry D. Closson Habitat Area (each permit authorizes the holder to bring 3 partners) (3)

Little Rock Creek Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Loda Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Mackinaw River State Fish and Wildlife Area (each permit authorizes the holder to bring 5 hunting partners) (2) (4)

Manito Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Mautino State Fish and Wildlife Area (each permit authorizes the holder to bring 3 hunting partners) (2) (3)

Maxine Loy Land and Water Reserve (open every Wednesday during the upland season; daily limit of bobwhite quail is 4; permits issued for dates after the close of the pheasant and quail season are for rabbit hunting only; each permit authorizes the

ILLINOIS REGISTER 9427 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

holder to bring 3 hunting partners) (2)

Maytown Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Milks Grove Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Paul C. Burrus State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (4)

Perdueville Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Pyramid State Park – Captain Unit (open every Saturday and Wednesday starting with opening day through the close of statewide quail season (South Zone); closed during firearm, muzzleloader and late winter deer seasons and any day that conflicts with a scheduled field trial; each permit authorizes the holder to bring 2 hunting partners)

Pyramid State Park – Denmark Unit (open every Saturday and Wednesday starting with opening day through the close of statewide quail season (South Zone); closed during firearm, muzzleloader and late winter deer seasons and any day that conflicts with a scheduled field trial; each permit authorizes the holder to bring 2 hunting partners)

Pyramid State Park – East Conant Unit (open every Saturday and Wednesday starting with opening day through the close of statewide quail season (South Zone); closed during firearm, muzzleloader and late winter deer seasons and any day that conflicts with a scheduled field trial; each permit authorizes the holder to bring 2 hunting partners)

Ramsey Lake State Park (open every Wednesday during the upland season; daily limit of bobwhite quail is 4; permits issued for dates after the close of pheasant and quail season are for rabbit hunting only; each permit authorizes the holder to bring 3 hunting

ILLINOIS REGISTER 9428 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

partners)

Sand Prairie Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

Sand Ridge State Forest (Sparks Pond Land and Water Reserve Area) (open on Saturdays and Tuesdays from the opening of the upland game season through the end of December except during firearm deer hunting; each permit authorizes holder to bring 3 hunting partners) (2)

Sangchris Lake State Park (open every Wednesday and Saturday in November and December after the opening day of upland game season except the Saturday of the second firearm deer season and December 24 and 25; each permit authorizes holder to bring 3 hunting partners; hunting hours 11:00 a.m. to sunset; check in required before hunting)

Saybrook Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

Sibley Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

Steward Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Victoria Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (2) (3)

Whitefield Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (2) (3)

Willow Creek State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

3) The following sites will be open for pheasant, quail, rabbit and partridge hunting following the site's controlled pheasant hunting season; pheasants of either sex may be taken; all hen pheasants must be tagged by DNR

ILLINOIS REGISTER 9429 19 DEPARTMENT OF NATURAL RESOURCES

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before leaving sites; hunting hours are 8:00 a.m. to 4:00 p.m.; hunting dates are noted in parentheses:

Chain O'Lakes State Park (open Wednesday through Friday following permit pheasant season) (1)

Des Plaines State Conservation Area (dates are 5 days following the close of the site's permit pheasant season excluding Mondays, Tuesdays and Christmas) (1)

Eldon Hazlet State Park (no quail or rabbit hunting; controlled pheasant hunting area and for 5 consecutive days only) (1)

Iroquois County State Wildlife Management Area (open Wednesday through Sunday following permit pheasant season, excluding Christmas and New Year's Day) (5)

Kankakee River State Park (no quail hunting)

Moraine View State Park (open Monday following the close of the controlled pheasant hunting season through the close of the North Zone season) (5)

Silver Springs State Park (dates are 5 days following the close of the site's permit pheasant season, excluding Mondays and Tuesdays) (1) c) Violation of a site regulation is a petty offense (see 520 ILCS 5/2.6, 2.7, 2.13 or 2.27).

(Source: Amended at 43 Ill. Reg. 9401, effective August 23, 2019)

ILLINOIS REGISTER 9430 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Raccoon, Opossum, Striped Skunk, Red Fox, Gray Fox, Coyote, Bobcat and Woodchuck (Groundhog) Hunting

2) Code Citation: 17 Ill. Adm. Code 550

3) Section Numbers: Adopted Actions: 550.20 Amendment 550.25 Amendment 550.30 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.10, 2.1, 2.2, 2.30, 2.30b, 2.33 and 3.5 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.10, 2.1, 2.2, 2.30, 2.30b, 2.33 and 3.5].

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5393; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

ILLINOIS REGISTER 9431 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

16) Information and questions regarding 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 9432 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 550 RACCOON, OPOSSUM, STRIPED SKUNK, RED FOX, GRAY FOX, COYOTE, BOBCAT AND WOODCHUCK (GROUNDHOG) HUNTING

Section 550.10 General Regulations 550.20 Statewide Regulations 550.25 Permit and Tagging Requirements – Bobcat 550.26 Limits on Total Harvest − Bobcat 550.30 Raccoon, Opossum, Striped Skunk, Red Fox, Gray Fox, Coyote, Bobcat and Woodchuck (Groundhog) Hunting on Department-Owned, -Leased or -Managed Sites

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.10, 2.1, 2.2, 2.30, 2.30b, 2.33 and 3.5 of the Wildlife Code [520 ILCS 5].

SOURCE: 5 Ill. Reg. 8833, effective August 25, 1981; codified at 5 Ill. Reg. 10636; emergency amendment at 5 Ill. Reg. 11593, effective October 20, 1981, for a maximum of 150 days; emergency expired March 17, 1982; amended at 6 Ill. Reg. 10714, effective August 20, 1982; amended at 7 Ill. Reg. 10782, effective August 24, 1983; amended at 7 Ill. Reg. 16098, effective November 22, 1983; amended at 8 Ill. Reg. 21593, effective October 23, 1984; amended at 9 Ill. Reg. 16204, effective October 9, 1985; emergency amendment at 9 Ill. Reg. 18151, effective November 12, 1985, for a maximum of 150 days; emergency expired April 11, 1986; amended at 10 Ill. Reg. 16649, effective September 22, 1986; amended at 11 Ill. Reg. 9540, effective May 5, 1987; amended at 12 Ill. Reg. 11730, effective June 30, 1988; amended at 13 Ill. Reg. 10598, effective June 19, 1989; amended at 14 Ill. Reg. 10798, effective June 20, 1990; amended at 15 Ill. Reg. 11598, effective August 2, 1991; amended at 16 Ill. Reg. 11078, effective June 30, 1992; amended at 17 Ill. Reg. 10795, effective July 1, 1993; amended at 18 Ill. Reg. 10090, effective June 21, 1994; amended at 19 Ill. Reg. 11787, effective August 3, 1995; amended at 20 Ill. Reg. 10874, effective August 5, 1996; amended at 21 Ill. Reg. 9077, effective June 26, 1997; amended at 22 Ill. Reg. 14836, effective August 3, 1998; amended at 23 Ill. Reg. 9066, effective July 28, 1999; amended at 24 Ill. Reg. 8938, effective June 19, 2000; amended at 25 Ill. Reg. 9895, effective July 17, 2001; amended at 26 Ill. Reg. 14680, effective September 20, 2002; amended at 28 Ill. Reg. 11873, effective July 27, 2004; amended at 29 Ill. Reg. 12471, effective July 28, 2005; amended at 30 Ill. Reg. 12133, effective June 28, 2006; amended at 31 Ill. Reg.

ILLINOIS REGISTER 9433 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

13106, effective August 30, 2007; amended at 32 Ill. Reg. 10093, effective June 30, 2008; amended at 33 Ill. Reg. 9680, effective June 26, 2009; amended at 34 Ill. Reg. 12808, effective August 20, 2010; amended at 35 Ill. Reg. 13137, effective July 26, 2011; amended at 37 Ill. Reg. 20642, effective December 12, 2013; amended at 39 Ill. Reg. 11360, effective August 3, 2015; amended at 40 Ill. Reg. 8549, effective June 13, 2016; amended at 41 Ill. Reg. 8542, effective June 28, 2017; amended at 42 Ill. Reg. 2834, effective January 24, 2018; amended at 42 Ill. Reg. 13087, effective June 22, 2018; amended at 43 Ill. Reg. 9430, effective August 23, 2019.

Section 550.20 Statewide Regulations

a) Raccoon, Opossum

1) Hunting dates: November 10 through the next following February 15, except as noted in Section 550.10(a). Hunting outside the set season dates is a Class B misdemeanor (see 520 ILCS 5/2.30).

2) Hunting hours: Season begins ½ hour before sunrise on opening date and ends ½ hour after sunset on closing date. Hours for hunting raccoon and opossum with a gun are not restricted during intervening dates of the open season, except as noted in Section 550.10(a). During the archery deer season, hours for hunting raccoon and opossum with a bow and arrow shall coincide with hours for hunting deer with a bow and arrow, as specified in Section 2.26 of the Wildlife Code [520 ILCS 5]. Hunting prior to sunrise on opening day is a Class B misdemeanor (see 520 ILCS 5/2.30). Hunting prior to ½ hour before sunrise on opening day or during the archery deer season, or hunting after ½ hour after sunset during the archery deer season, is a Class A misdemeanor with a minimum $500 fine, and a maximum $5,000 fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

3) Daily limit and possession limit: None.

b) Red fox and gray fox

1) Hunting dates: November 10 through the next following February 15, except as noted in Section 550.10(a). Hunting outside the season dates is a Class B misdemeanor (see 520 ILCS 5/2.30).

2) Hunting hours: Season begins ½ hour before sunrise on opening date and

ILLINOIS REGISTER 9434 19 DEPARTMENT OF NATURAL RESOURCES

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ends ½ hour after sunset on closing date. Hours for hunting red fox and gray fox with a gun are not restricted during intervening dates of the open season, except as noted in Section 550.10(a). During the archery deer season, hours for hunting red fox and gray fox with a bow and arrow shall coincide with the hours for hunting deer with a bow and arrow as specified in Section 2.26 of the Wildlife Code. Hunting prior to sunrise on opening day is a Class B misdemeanor (see 520 ILCS 5/2.30). Hunting prior to ½ hour before sunrise on opening day or during the archery deer season, or hunting after ½ hour after sunset during the archery deer season, is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

3) Daily limit and possession limit: None. c) Coyote and Striped Skunk

1) Hunting dates: Year around except as noted in Section 550.10(a).

2) Hunting hours: One-half hour before sunrise to ½ hour after sunset, except from the opening date of the red fox and gray fox hunting season through March 15, when statewide hunting hours are unrestricted, and except during archery deer season when coyote and striped skunk bow hunting hours shall coincide with the statewide archery deer hunting hours, as specified in Section 2.26 of the Wildlife Code. Hunting before ½ hour prior to sunrise or after ½ hour after sunset is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine, in addition to other statutory penalties, except when hours are unrestricted (see 520 ILCS 5/2.33(y)).

3) Daily limit and possession limit: None. d) Woodchuck (groundhog)

1) Hunting dates: June 1 through the next following March 31, except as noted in Section 550.10(a). Hunting outside the season dates is a Class B misdemeanor (see 520 ILCS 5/2.30).

2) Hunting hours: One-half hour before sunrise to ½ hour after sunset. Hunting from ½ hour before sunrise to sunrise or from sunset to ½ hour

ILLINOIS REGISTER 9435 19 DEPARTMENT OF NATURAL RESOURCES

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after sunset is a Class B misdemeanor (see 520 ILCS 5/2.30). Hunting prior to ½ hour before sunrise or after ½ hour after sunset is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

3) Daily limit and possession limit: None. e) Bobcat

1) Closed Zone: Taking bobcats is prohibited inside an area bounded by the Indiana State border from Lake Michigan southward to U.S. Route 36 (New Route 36), westward on U.S. Route 36 to U.S. Route 51, northward on U.S. Route 51 to the Wisconsin State border, and eastward on the Wisconsin State border to Lake Michigan. Bobcats may be taken in the remainder of the State in accordance with this Section.

2) Hunting dates: November 10 through the next following February 15, except as noted in Section 550.10(a)

3) Hunting hours: Season begins ½ hour before sunrise on opening date and ends ½ hour after sunset on closing date. Hours for hunting bobcat with a gun are not restricted during intervening dates of the open season, except as noted in Section 550.10(a). During the archery deer season, hours for hunting bobcat with a bow and arrow shall coincide with hours for hunting deer with a bow and arrow as specified in Section 2.26 of the Wildlife Code. Hunting from ½ hour before sunrise to sunrise or from sunset to ½ hour after sunset is a Class B misdemeanor (see 520 ILCS 5/2.30). Hunting prior to ½ hour before sunrise or after ½ hour after sunsetsunrise is a Class A misdemeanor with a minimum $50 fine and a maximum $5,000 fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

4) Daily limit and possession limit: Not to exceed one bobcat per permittee per season for combined methods of take. Bobcats salvaged from roadways under authority of Section 2.30 of the Wildlife Code become part of the permittee's season limit and are subject to permit and tagging requirements. Possession limit for bobcat does not apply to fur buyers, fur tanners, taxidermists or manufacturers as defined by Sections 3.11, 3.12, 3.15, 3.16, 3.16a, 3.18 and 3.21 of the Wildlife Code.

ILLINOIS REGISTER 9436 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

(Source: Amended at 43 Ill. Reg. 9430, effective August 23, 2019)

Section 550.25 Permit and Tagging Requirements − Bobcat

a) Bobcat Hunting and Trapping Permit

1) Applications from residents and nonresidents will be accepted online only at www.dnr.illinois.gov from September 1 through September 30 of the current year.

2) Each person may apply for one Bobcat Hunting and Trapping Permit per application period.

3) Bobcat Hunting and Trapping Permits will be allocated in a computerized random drawing. Beginning July 1, 2020, applicants who did not receive a permit the previous year will have preference by being part of the initial random drawing. If any additional permits remain to be allocated after that drawing, a second drawing will take place for all of the individuals who received a permit the previous year.

4) The Department will mail Bobcat Hunting and Trapping Permits to successful applicants after the drawing is held.

5) A nonrefundable fee of $5 will be charged for each application for a Bobcat Hunting and Trapping Permit.

6) The number of Bobcat Hunting and Trapping Permits that are made available each season will be determined by the Department in accordance with federal regulations (50 CFR 23.69)( 2007).

7) No more than 5% of permits will be allocated to nonresidents.

8) If the number of available permits exceeds the number distributed to applicants during the lottery, remaining permits will be offered on a first- come, first-served basis at www.dnr.illinois.gov for $5 each. Applicants who received a permit in the preceding lottery are ineligible to receive a second permit.

ILLINOIS REGISTER 9437 19 DEPARTMENT OF NATURAL RESOURCES

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9) Hunters must possess a Bobcat Hunting and Trapping Permit before taking or attempting to take a bobcat.

10) Hunters must possess a Bobcat Hunting and Trapping Permit before salvaging a bobcat from roadways under Section 2.30 of the Wildlife Code.

11) Bobcat Hunting and Trapping permits are not transferable. Violation is a Petty OffenseClass B misdemeanor (see 520 ILCS 5/2.30cb).

12) Bobcat Hunting and Trapping Permits allow harvest of bobcats in all parts of the State that are not identified as closed in Section 550.20(e)(1). b) Bobcat Registration Permit

1) Hunters must purchase a Bobcat Registration Permit within 48 hours after taking a bobcat.

2) The cost of a Bobcat Registration Permit is $5.

3) Bobcat Registration Permits will be available for purchase online only at www.dnr.illinois.gov.

4) Bobcat Registration Permits must be purchased by the same individual who took a bobcat and are not transferable. Violation is a Class B misdemeanor (see 520 ILCS 5/2.30cb).

5) The Department will issue a United States Convention on International Trade in Endangered Species (U.S. CITES) pelt tag to individuals who took a bobcat in accordance with this Part and purchased a Bobcat Registration Permit. c) Tagging Requirement

1) A U.S. CITES pelt tag must be permanently affixed to the green hide of each bobcat and sealed before the green hide is exported from the United States or transferred to a fur buyer, fur tanner, taxidermist or manufacturer. Violation is a Class B misdemeanormidemeanor (see 520 ILCS 5/2.30b).

ILLINOIS REGISTER 9438 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

2) Unless an alternative method has been approved by the U.S. Fish and Wildlife Service, each green hide of a bobcat that is to be exported or re- exported must have a U.S. CITES tag permanently attached (50 CFR 23.69) (2007).

3) It is unlawful to possess more unsealed U.S. CITES tags issued by the Department than green hides of bobcat in possession. Violation is a Class B misdemeanor (see 520 ILCS 5/2.30b).

4) Unsealed U.S. CITES tags are not transferable.

(Source: Amended at 43 Ill. Reg. 9430, effective August 23, 2019)

Section 550.30 Raccoon, Opossum, Striped Skunk, Red Fox, Gray Fox, Coyote, Bobcat and Woodchuck (Groundhog) Hunting on Department-Owned, -Leased or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping apply in this Section, unless this Section is more restrictive.

b) For sites where hunter quotas exist and permits are required a drawing shall be held prior to the opening of the season. The date of the drawing shall be announced by the Department by public announcement and the drawing shall be held at the site. The number of permits per site shall be determined pursuant to 17 Ill. Adm. Code 510.20. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (1).

c) .22 caliber or smaller rimfire firearms permitted from sunset to sunrise unless otherwise specified; use of a shotgun with slugs to take furbearing mammals is prohibited except as provided in Section 550.10(a).

d) Coyote and striped skunk season shall coincide with the statewide fox season unless otherwise specified.

e) No woodchuck (groundhog) hunting allowed unless otherwise specified.

f) Statewide regulations as provided for in this rule apply at the following sites (exceptions are in parentheses):

ILLINOIS REGISTER 9439 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Alvah Borah State Habitat Area (1)

Anderson Lake State Conservation Area (all hunting to begin after the close of duck season)

Apple River Canyon State Park − Thompson and Salem Units (1)

Argyle Lake State Park (1)

Banner Marsh State Fish and Wildlife Area (coyote only; coyotes can be taken with archery equipment when the site is open to archery deer hunting during archery shooting hours; coyotes can be taken with shotguns on days when the site is open to upland hunting with upland shooting hours)

Big Bend State Fish and Wildlife Area (coyote season from August 1 through the following February 28)

Big River State Forest (1)

Burning Star State Fish and Wildlife Area (No hunting on Island Lake waterfowl rest area from November 1 through February 28) (1)

Cache River State Natural Area

Campbell Pond State Wildlife Management Area (1)

Cape Bend State Fish and Wildlife Area

Carlyle Lake Lands and Waters – Corps of Engineers Management Lands

Carlyle Lake State Fish and Wildlife Area (subimpoundment area closed 7 days prior to and during the southern zone waterfowl season) (1)

Chauncey Marsh State Natural Area (1)

Clinton Lake State Recreation Area (1)

Coffeen Lake State Fish and Wildlife Area (coyote only; shotgun or bow

ILLINOIS REGISTER 9440 19 DEPARTMENT OF NATURAL RESOURCES

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Copperhead Hollow State Wildlife Area (1)

Crawford County State Fish and Wildlife Area (1)

Cretaceous Hills State Natural Area (1)

Cypress Pond State Natural Area

Deer Pond State Natural Area

Des Plaines State Fish and Wildlife Area (coyote may be taken with a shotgun from the day after the archery deer season closes until February 28; pursuit of coyotes with dogs is prohibited; archery deer hunters may take coyotes during the archery deer season) (1)

Devil's Island State Fish and Wildlife Area

Dog Island State Wildlife Management Area (1)

Eagle Creek State Park (season opens day after second firearm deer season; closes December 20; hunting sunset to sunrise only; raccoon only) (1)

Eldon Hazlet State Park (north of Allen Branch and west of Peppenhorst Branch)

Embarras River Bottoms State Habitat Area (1)

Ferne Clyffe State Park – Cedar Draper Bluffs Hunting Area

Fort de Chartres State Historic Site (muzzleloading firearms or bow and arrow only)

Fox Ridge State Park (1)

Freeman Mine (1)

ILLINOIS REGISTER 9441 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Giant City State Park (except for archery or firearm deer hunters, coyote season opens the day after the second firearm deer season and closes March 31; woodchuck hunting season opens the day after the second firearm deer season and closes March 31)

Green River State Wildlife Area (skunk and coyote close the last day of February; .22 rimfire firearms permitted from 30 minutes after sunset until 30 minutes before sunrise) (1)

Hamilton County State Conservation Area (1)

Hanover Bluff State Natural Area (1)

Harry "Babe" Woodyard State Natural Area (1)

Hennepin Canal State Trail (archery only; coyote and raccoon only; season open only when the site archery deer season is open) (1)

Hidden Springs State Forest (1)

Horseshoe Lake State Conservation Area – Alexander County (Public Hunting Area except Controlled Hunting Area)

Horseshoe Lake State Park – Madison County (bow and arrow only; for hunters with a valid site issued archery deer permit only; site opens to statewide regulations during the month ofcoyote only from February 1 through 28, hunting hours are ½ hour before sunrise to ½ hour after sunset; failure to report harvest by March 15 will result in loss of hunting privileges at the site for the following year)

Horseshoe Lake State Park – Madison County – Gabaret, Mosenthein, Chouteau Island Units (1)

Iroquois County State Wildlife Management Area (season opens the day after permit pheasant season) (1)

Jim Edgar Panther Creek State Fish and Wildlife Area (statewide seasons for coyote and striped skunk) (1)

ILLINOIS REGISTER 9442 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Johnson Sauk Trail State Recreation Area (archery only; coyote and fox only; site coyote season runs concurrently with the site archery deer season; site fox season begins when the statewide fox season opens, runs concurrently with the site archery deer season, and closes the earlier of either the statewide fox season closing or the site archery deer season closing) (1)

Jubilee College State Park (coyote only; season runs concurrently with firearm deer season)

Kankakee River State Park (coyote, fox, skunk and opossum may be taken during their respective seasons that fall within the archery deer season by archery only; shotgun only hunting opens the day after the close of the site upland game season or archery deer season, whichever is later, and closes with the close of the statewide fox season) (1)

Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to and during duck season; the defined Baldwin Lake Waterfowl Rest Area is closed)

Kickapoo State Recreation Area (1)

Kinkaid Lake State Fish and Wildlife Area

Lincoln Trail State Park (season opens day after first firearm deer season; closes December 20; hunting hours sunset to sunrise only; raccoon only) (1)

Marseilles State Fish and Wildlife Area (coyote only; November 5 through the first Thursday after January 10; hunting hours are 30 minutes before sunrise to 30 minutes after sunset; use of dogs is prohibited; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters must enter the site only from designated parking lots)

Marshall State Fish and Wildlife Area (raccoon, opossum open to statewide regulations; skunk, red fox, gray fox, coyote and woodchuck open to archery during the archery deer season and statewide regulations after the close of archery deer season) (1)

ILLINOIS REGISTER 9443 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Marshall State Fish and Wildlife Area – Duck Ranch Unit (raccoon and opossum only; opens the day after the close of duck season)

Matthiessen State Park (coyote only with a shotgun from the date after the archery deer season closes until February 28; use of dogs is prohibited; archery deer hunters may take coyotes during the archery deer season) (1)

Mautino State Fish and Wildlife Area (archery only; coyote and raccoon only; season open only when the site archery deer season is open) (1)

Mazonia State Fish and Wildlife Area (archery only; coyote, fox, raccoon, skunk and opossum may be taken during their respective seasons that fall within the archery deer hunting season; statewide hours)

Meeker State Habitat Area (1)

Mermet Lake State Fish and Wildlife Area (hunting limited to upland game area; hunting hours ½ hour before sunrise to ½ hour after sunset) (1)

Middle Fork State Fish and Wildlife Area (1)

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26)

Mississippi River Pools 16, 17, 18, 21, 22 and 24 (groundhog hunting allowed)

Momence Wetlands State Natural Area (archery only; coyote, fox, raccoon, skunk and opossum may be taken during their respective seasons that fall within the archery deer hunting season; statewide hours)

Moraine View State Park (coyote open concurrently with site archery deer hunting, archery only; raccoon opens the second Monday in December, night hunting only) (1)

Newton Lake State Fish and Wildlife Area (coyote and bobcat hunting only; coyote and bobcat may be taken during their respective seasons that fall within the archery deer season by archery deer hunters only; coyotes

ILLINOIS REGISTER 9444 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS may be taken with a shotgun from the day after the archery season closes until February 28; bobcats may be taken with shotgun from the day after archery season closes until the end of bobcat hunting season; pursuit of coyotes and bobcats with dogs is prohibited) (1)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (except South Subunit; shotgun or bow only; coyote season open from August 1 through the following February 28 and during the spring turkey season to hunters with a valid, unfilled turkey permit; use of dogs for hunting coyotes is prohibited)

Pyramid State Park (1)

Pyramid State Park – Captain Unit (no hunting on waterfowl refuge) (1)

Pyramid State Park – Denmark Unit (no hunting on waterfowl refuge) (1)

Pyramid State Park – East Conant Unit (1)

Pyramid State Park – Galum Unit (1)

Rall Woods State Natural Area (1)

Ramsey Lake State Park (shotgun or bow and arrow only) (1)

Randolph County State Conservation Area

Ray Norbut State Fish and Wildlife Area (1)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (opens day after second firearm deer season) (1)

Red Hills State Park (coyote and bobcat hunting only; coyote and bobcat may be taken during their respective seasons that fall within the archery deer season by archery deer hunters only; coyotes may be taken with a shotgun from the day after the archery season closes until February 28; bobcats may be taken with shotgun from the day after archery season

ILLINOIS REGISTER 9445 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS closes until the end of bobcat hunting season; pursuit of coyotes and bobcats with dogs is prohibited) (1)

Rend Lake Project Lands and Waters

Rivers Project Office – Corps of Engineers Managed Lands (1)

Sahara Woods State Fish and Wildlife Area (1)

Saline County State Fish and Wildlife Area (1)

Sam Dale Lake State Fish and Wildlife Area (1)

Sam Parr State Park (1)

Sand Ridge State Forest (coyote and striped skunk seasons – opening of the statewide raccoon season until the day before opening of the statewide spring turkey season) (1)

Sangamon County State Conservation Area

Sanganois State Fish and Wildlife Area (statewide seasons for coyote and striped skunk) (1)

Sangchris Lake State Park (fox, coyote and striped skunk hunting only; statewide seasons for fox, coyote and striped skunk, except, during central zone duck and Canada goose season, hunters pursuing waterfowl or upland game may take fox, coyote and striped skunk with shotgun only in accordance with site-specific regulations set forth in 17 Ill. Adm. Code 530 and 590) (1)

Shawnee National Forest, Oakwood Bottoms and LaRue Scatters (season closes 7 days before opening of duck season and remains closed through the duck season; at Oakwood Bottoms non-toxic shot only)

Shelbyville State Fish and Wildlife Area (1)

Sielbeck Forest State Natural Area

ILLINOIS REGISTER 9446 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Siloam Springs State Park (raccoon and bobcat only) (1)

Siloam Springs State Park – Buckhorn Unit (raccoon and bobcat only) (1)

Silver Springs State Fish and Wildlife Area (coyote may be taken with a shotgun from the day after the archery deer season closes until February 28; pursuit of coyotes with dogs is prohibited; archery deer hunters may take coyotes during the archery deer season)

Skinner Farm State Habitat Area

Spoon River State Forest (1)

Stephen A. Forbes State Park (1)

Tapley Woods State Natural Area (1)

Ten Mile Creek State Fish and Wildlife Area (statewide coyote, striped skunk and groundhog hunting allowed; .22 caliber or smaller rimfire firearms permitted 24 hours a day; designated Waterfowl Rest Areas closed during open season for Canada goose) (1)

Trail of Tears State Forest

Turkey Bluffs State Fish and Wildlife Area

Walnut Point State Park (raccoon hunting only) (1)

Washington County State Conservation Area

Weinberg-King State Park (raccoon and bobcat only) (1)

Weinberg-King State Park – Scripps Unit (use of dogs for hunting coyote is not allowed) (1)

Weinberg-King State Park − Spunky Bottoms Unit (1)

Wildcat Hollow State Forest (1)

ILLINOIS REGISTER 9447 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Winston Tunnel State Natural Area (1)

Wise Ridge State Natural Area

Witkowsky State Wildlife Area (coyote only; season shall coincide with archery and firearm deer season at this site; archery only during the archery deer season at this site) (1)

Wolf Creek State Park (season opens day after second firearm deer season; closes December 20; hunting sunset to sunrise only; raccoon only) (1)

Woodford County State Fish and Wildlife Area (raccoon, opossum only; season opens after duck season) (1) g) Violation of a site-specific regulation is a Class B misdemeanor. Statewide regulations apply except that hunters must obtain a permit from the site; where hunter quotas exist, permits are allocated as described in subsection (b); permits must be in possession while hunting; the permit must be returned by February 15 or hunter will forfeit hunting privileges at that site the following year (exceptions are in parentheses):

Beaver Dam State Park (bow and arrow only; for hunters with a valid site issued archery deer permit only)

Horseshoe Lake State Park (Madison County) (coyote only, bow and arrow only; for hunters with a valid site issued archery deer permit only)

Pere Marquette State Park

Ramsey Lake State Park h) Violation of a site regulation is a Class B misdemeanor (see 520 ILCS 5/2.30).

(Source: Amended at 43 Ill. Reg. 9430, effective August 23, 2019)

ILLINOIS REGISTER 9448 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Muskrat, Mink, Raccoon, Opossum, Striped Skunk, Weasel, Red Fox, Gray Fox, Coyote, Badger, River Otter, Beaver, Bobcat and Woodchuck (Groundhog) Trapping

2) Code Citation: 17 Ill. Adm. Code 570

3) Section Numbers: Adopted Actions: 570.31 Amendment 570.40 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.2, 1.3, 1.4, 1.10, 2.1, 2.2, 2.30, 2.30b, 2.33a and 3.5 of the Wildlife Code [520 ILCS 5/1.2, 1.3, 1.4, 1.10, 2.1, 2.2, 2.30, 2.30b, 2.33a and 3.5].

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5411; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

ILLINOIS REGISTER 9449 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

16) Information and questions regarding 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 9450 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 570 MUSKRAT, MINK, RACCOON, OPOSSUM, STRIPED SKUNK, WEASEL, RED FOX, GRAY FOX, COYOTE, BADGER, RIVER OTTER, BEAVER, BOBCAT AND WOODCHUCK (GROUNDHOG) TRAPPING

Section 570.10 Statewide Zones 570.15 Closed Zone – Bobcat Trapping 570.20 Statewide Season Dates 570.30 Statewide Hours, Daily Limit and Possession Limit 570.31 Permit and Tagging Requirements 570.32 Limits on Total Harvest − Bobcat 570.35 Use of Rifles, Pistols and Airguns by Trappers During Deer Gun Season 570.40 Trapping Regulations on Department-Owned, -Leased or -Managed Sites

AUTHORITY: Implementing and authorized by Sections 1.2, 1.3, 1.4, 1.10, 2.1, 2.2, 2.30, 2.30b, 2.33, 2.33a and 3.5 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 5 Ill. Reg. 9767, effective September 17, 1981; codified at 5 Ill. Reg. 10637; amended at 6 Ill. Reg. 10709, effective August 20, 1982; amended at 7 Ill. Reg. 10778, effective August 24, 1983; amended at 8 Ill. Reg. 21589, effective October 23, 1984; amended at 9 Ill. Reg. 15864, effective October 7, 1985; amended at 10 Ill. Reg. 16644, effective September 24, 1986; amended at 12 Ill. Reg. 12034, effective July 7, 1988; emergency amendments at 12 Ill. Reg. 16261, effective September 23, 1988, for a maximum of 150 days; emergency expired February 20, 1989; amended at 13 Ill. Reg. 10589, effective June 15, 1989; amended at 14 Ill. Reg. 14775, effective September 4, 1990; amended at 14 Ill. Reg. 19854, effective December 3, 1990; amended at 15 Ill. Reg. 11586, effective August 2, 1991; amended at 16 Ill. Reg. 11069, effective June 30, 1992; amended at 17 Ill. Reg. 10785, effective July 1, 1993; amended at 17 Ill. Reg. 18796, effective October 19, 1993; amended at 18 Ill. Reg. 10077, effective June 21, 1994; amended at 19 Ill. Reg. 12640, effective August 29, 1995; amended at 20 Ill. Reg. 12351, effective August 30, 1996; amended at 21 Ill. Reg. 9070, effective June 26, 1997; amended at 22 Ill. Reg. 14809, effective August 3, 1998; amended at 23 Ill. Reg. 9055, effective July 28, 1999; amended at 24 Ill. Reg. 8929, effective June 19, 2000; amended at 25 Ill. Reg. 9887, effective July 17, 2001; amended at 26 Ill. Reg. 13809, effective September 5, 2002; amended at 27 Ill. Reg. 749, effective January 6, 2003; amended at 28 Ill. Reg. 11883, effective July 27, 2004;

ILLINOIS REGISTER 9451 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS amended at 29 Ill. Reg. 9643, effective June 27, 2005; amended at 30 Ill. Reg. 12143, effective June 28, 2006; amended at 31 Ill. Reg. 13117, effective August 30, 2007; amended at 32 Ill. Reg. 10104, effective June 30, 2008; amended at 33 Ill. Reg. 9691, effective June 26, 2009; amended at 34 Ill. Reg. 12820, effective August 20, 2010; amended at 35 Ill. Reg. 13149, effective July 26, 2011; amended at 36 Ill. Reg. 14408, effective September 5, 2012; amended at 37 Ill. Reg. 20659, effective December 12, 2013; amended at 39 Ill. Reg. 11373, effective August 3, 2015; amended at 40 Ill. Reg. 8568, effective June 13, 2016; amended at 41 Ill. Reg. 8558, effective June 28, 2017; amended at 42 Ill. Reg. 2838, effective January 24, 2018; amended at 42 Ill. Reg. 13100, effective June 22, 2018; amended at 43 Ill. Reg. 9448, effective August 23, 2019.

Section 570.31 Permit and Tagging Requirements

a) Permit Requirement and Fee – River Otter

1) Trappers must purchase a River Otter Registration Permit within 48 hours after taking each otter that becomes part of their daily limit.

2) The cost of a River Otter Registration Permit is $5.

3) River Otter Registration Permits must be purchased by the same individual who trapped or salvaged a river otter and are not transferable.

4) Failure to purchase a River Otter Registration Permit, failure to do so within the specified time limit and transfer of a River Otter Registration Permit are Class B misdemeanors (see 520 ILCS 5/2.30).

b) Bobcat Hunting and Trapping Permit – Application, Lottery and Fee

1) Applications fromIllinois residents and nonresidents will be accepted online only online at www.dnr.illinois.gov from September 1 through September 30 of the current year.

2) Each person may apply for one Bobcat Hunting and Trapping Permit per application period.

ILLINOIS REGISTER 9452 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

that drawing, a second drawing will take place for all of the individuals who received a permit the previous year.

4) The Department will mail Bobcat Hunting and Trapping Permits to successful applicants after the drawing is held.

5) A non-refundable fee of $5 will be charged for each application for a Bobcat Hunting and Trapping Permit.

6) The number of Bobcat Hunting and Trapping permits that are made available each season will be determined by the Department in accordance with federal regulations (50 CFR 23.69 (2007)).

7) No more than 5% of permits will be allocated to nonresidents.

8) If the number of available permits exceeds the number distributed to applicants during the lottery, remaining permits will be offered first-come, first-served at www.dnr.illinois.gov for $5 each. Applicants who received a permit in the preceding lottery are ineligible to receive a second permit. c) Bobcat Hunting and Trapping Permit – Requirements

1) Trappers must possess a Bobcat Hunting and Trapping Permit before taking a bobcat that becomes part of their daily limit.

2) Trappers must possess a Bobcat Hunting and Trapping permit before salvaging a bobcat from roadways under Section 2.30 of the Wildlife Code.

3) Bobcat Hunting and Trapping Permits are not transferable. Violation is a Petty Offense (see 520 ILCS 5/2.30c).

4) Bobcat Hunting and Trapping Permits allow harvest of bobcats in all parts of the State that are not identified as closed by Section 570.15. d) Bobcat Registration Permit – Fee and Requirements

1) Trappers must purchase a Bobcat Registration Permit within 48 hours after taking a bobcat that becomes part of their daily limit.

ILLINOIS REGISTER 9453 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

2) The cost of a Bobcat Registration Permit is $5.

3) Bobcat Registration Permits will be available for purchase online only at www.dnr.illinois.gov.

4) Bobcat Registration Permits must be purchased by the same individual who took a bobcat and are not transferable.

5) The Department will issue a United States Convention on International Trade in Endangered Species (U.S. CITES) pelt tag to individuals who trapped a bobcat in accordance with this Part and purchased a Bobcat Registration Permit.

e) Tagging Requirements

1) A U.S. CITES pelt tag issued by the Department must be permanently affixed to the green hide of each river otter or bobcat and sealed before the green hide is exported from the United States or transferred to a fur buyer, fur tanner, taxidermist or manufacturer and is a Class B misdemeanor (see 520 ILCS 5/2.30b).

2) It is unlawful to possess more unsealed U.S. CITES tags issued by the Department than green hides of river otter or bobcat in possession and is a Class B misdemeanor (see 520 ILCS 5/2.30b).

3) Unsealed U.S. CITES tags are not transferable and is a Class B misdemeanor (see 520 ILCS 5/2.30b).

4) Unless an alternative method has been approved by the U.S. Fish and Wildlife Services, each green hide of bobcat or river otter to be exported or re-exported must have a U.S. CITES tag permanently attached (50 CFR 23.69) (2007).

(Source: Amended at 43 Ill. Reg. 9448, effective August 23, 2019)

Section 570.40 Trapping Regulations on Department-Owned, -Leased or -Managed Sites

a) General Regulations

ILLINOIS REGISTER 9454 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) All the regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping apply in this Section, unless this Section is more restrictive.

2) Trappers must stay within assigned areas.

3) On sites where a drawing is required, it shall be held prior to the opening of the season. The date of the drawing shall be announced by the Department by public announcement (publicly announced means that the information referred to will be included on the Department's Internet Home Page at www.dnr.illinois.gov, provided to outdoor writers for newspapers, and placed on the Department's Toll Free Hotline) and the drawing shall be held at the site. Persons participating in the drawing must have either a current or previous year trapping license. The number of permits per site shall be determined pursuant to 17 Ill. Adm. Code 510.20. Permit applicants must submit name and address to the site prior to drawing. Permits must be in possession while trapping on the area. Sites that require a drawing are followed by (1). Sites that require use of windshield cards by trappers as specified in 17 Ill. Adm. Code 510.10 are followed by (2).

4) All sites except Kinkaid Lake Fish and Wildlife Area, Mississippi River Pools 16, 17, 18, 21, 22, 24, and Rend Lake Wildlife Management Area require trappers to submit a harvest report to the site superintendent within 20 days following the close of the trapping season. Reports for sites that require use of windshield cards must be submitted online at the Department's website. Failure to report shall result in the trapper being ineligible to trap at that site for the following year.

5) Body-gripping traps with a 10-inch jaw spread or larger must be totally submerged in water when set.

6) Any person who violates the site specific regulations shall be guilty of a Class B Misdemeanor.

7) No trapping is permitted in subimpoundments or designated waterfowl management units during duck season.

8) .22 caliber or smaller rimfire firearms permitted unless otherwise

ILLINOIS REGISTER 9455 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

specified. b) Statewide regulations as provided for in this Part apply at the following sites (exceptions in parentheses):

Alvah Borah State Habitat Area (2)

Beall Woods State Park (water sets only) (1)

Burning Star State Fish and Wildlife Area (no trapping in Island Lake Waterfowl Rest Area November 1 through February 28) (2)

Chauncey Marsh State Natural Area (obtain permit at Red Hills State Park headquarters) (1)

Crawford County State Fish and Wildlife Management Area (water sets only) (1)

Cretaceous Hills State Natural Area (2)

Des Plaines Game Propagation Center (1)

Frank Holten State Park (water sets only; designated areas only)

Kinkaid Lake State Fish and Wildlife Area

Mississippi River Pools 16, 17, 18, 21, 22, 24 (USFWS trapping permit required on U.S. Fish and Wildlife Service National Wildlife Refuges in Pools 21 and 24; Quincy Bay Waterfowl Management Unit closed to trapping during the regular duck season)

Pere Marquette State Park (1)

Ray Norbut State Fish and Wildlife Area (1)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (1)

Ray Norbut State Fish and Wildlife Area – East Hannibal Unit (1)

ILLINOIS REGISTER 9456 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Rend Lake Project Lands and Waters (water sets only)

Sam Parr State Park (water sets only) (1)

Sielbeck Forest State Natural Area (water sets only) (2)

Siloam Springs State Park (1)

Siloam Springs State Park – Buckhorn Unit (1)

Siloam Springs State Park – Fall Creek Unit (1)

Snakeden Hollow State Fish and Wildlife Area (1)

Weinberg-King State Park (1) (2)

Weinberg-King State Park − Scripps Unit (1) (2)

Weinberg-King State Park − Spunky Bottoms Unit (1) (2) c) Statewide regulations as provided for in this Part apply at the following sites; in addition, a permit is required; only Egg Traps®, D-P (Dog-Proof) Traps®, Lil Grizz Get'rz®, box traps, cage traps, and traps of similar design may be used for land sets (exceptions in parentheses):

Big Bend Fish and Wildlife Area (dog proof traps required) (1) (2)

Birkbeck Pheasant Habitat Area (1) (2)

Buffalo Prairie Pheasant Habitat Area (season begins at sunrise on December 26) (1) (2)

Butterfield Trail State Recreation Area (1) (2)

Cache River State Natural Area (no snares allowed) (1)

Cape Bend State Fish and Wildlife Area (1)

Carlyle Lake Lands and Waters – Corps of Engineers Managed Lands (1)

ILLINOIS REGISTER 9457 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Carlyle Lake State Wildlife Management Area (1)

Clinton Lake State Recreation Area (1) (2)

Cypress Pond State Natural Area (1)

Deer Pond State Natural Area (1)

Devil's Island State Fish and Wildlife Area (1)

Eldon Hazlet State Park – north of Allen Branch and west of Peppenhorst Branch only (1)

Embarras River Bottoms State Habitat Area (2)

Ferne Clyffe State Park – Cedar Draper Bluffs Hunting Area (1)

Finfrock State Habitat Area (1) (2)

Fort de Chartres Historic Site (1)

Hallsville Pheasant Habitat Area (1) (2)

Harry "Babe" Woodyard State Natural Area (1) (2)

Herschel Workman Pheasant Habitat Area (2)

Hindsboro Pheasant Habitat Area (2)

Horseshoe Lake State Conservation Area (1)

I & M Canal State Park (1)

Kaskaskia River Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to duck season; the defined Baldwin Lake Waterfowl Rest Area is closed) (1) (2)

Kickapoo State Recreation Area (1) (2)

ILLINOIS REGISTER 9458 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Kidd Lake State Natural Area (1)

Lake Murphysboro State Park (1)

Larry D. Closson State Habitat Area (2)

Lincoln Trail State Park (1) (2)

Lowden State Park − Kilbuck Creek Habitat Area (1)

Meeker State Habitat Area (1) (2)

Mermet Lake State Fish and Wildlife Area (1) (2)

Middle Fork State Fish and Wildlife Area (1) (2)

Mississippi River State Fish and Waterfowl Area (Pools 25, 26) (land sets accessed by land only allowed during duck season; water sets allowed after duck season closes) (1)

Moraine Hills State Park (water sets only; only body-gripping traps with a jaw spread of 5 inches or less may be used; no more than two persons may enter drawing on a single card) (1)

Moraine View State Park (no more than 2 persons may enter drawing on a single card) (1) (2)

Newton Lake State Fish and Wildlife Area (2)

Paul C. Burrus Habitat Area (2)

Peabody River King State Fish and Wildlife Area (east, west, and south subunits only) (1)

Perdueville Pheasant Habitat Area (2)

Pyramid State Park (1) (2)

ILLINOIS REGISTER 9459 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Pyramid State Park – East Conant Unit (1) (2)

Pyramid State Park – Galum Unit (1) (2)

Randolph County State Conservation Area (1)

Red Hills State Park (2)

Sand Ridge State Forest (1) (2)

Sanganois State Fish and Wildlife Area (1) (2)

Saybrook Pheasant Habitat Area (2)

Shelbyville State Fish and Wildlife Area (1) (2)

Sibley Pheasant Habitat Area (2)

Ten Mile Creek State Fish and Wildlife Area (designated Waterfowl Rest Areas closed to trapping during open season for Canada goose) (2)

Turkey Bluffs State Fish and Wildlife Area (1)

Union County State Fish and Wildlife Area (1)

Victoria Pheasant Habitat Area (season opens at sunrise on December 26) (1) (2)

Walnut Point State Park (2)

Washington County State Conservation Area (1)

Willow Creek State Habitat Area (2)

Wise Ridge State Natural Area (1)

World Shooting and Recreation Complex (designated areas only) (1) d) Statewide regulations as provided for in this Part apply at the following sites

ILLINOIS REGISTER 9460 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

(exceptions in parentheses); in addition, a permit is required; only Egg Traps®, D-P (Dog-Proof) Traps®, Lil Grizz Get'rz®, box traps, cage traps, and traps of similar design may be used for land sets; only body-gripping traps with a jaw spread of 5 inches or less, foothold traps with a jaw spread of 4½ inches or less and square body-gripping traps with a 10 inch jaw spread may be used for water sets; snares may be used for water sets:

Anderson Lake State Conservation Area (1)

Argyle Lake State Park (1) (2)

Banner Marsh State Fish and Wildlife Area (1)

Beaver Dam State Park (1)

Big Bend State Fish and Wildlife Area (after the close of rabbit season foothold traps with a jaw spread of 7½ inches or less may be used for water sets) (1)

Coffeen Lake State Fish and Wildlife Area (1) (2)

Coleta Ponds (1)

Copperhead Hollow State Wildlife Area (1) (2)

Dog Island State Wildlife Management Area (1) (2)

Double T State Fish and Wildlife Area (1)

Giant City State Park (1)

Hamilton County State Fish and Wildlife Area (closed during firearm deer season) (2)

Hanover Bluff State Natural Area (1)

Hennepin Canal Parkway including Sinnissippi Lake (trappers must register at park office; no floats may be set more than 14 days prior to the season and must be removed at the conclusion of the season; no land sets)

ILLINOIS REGISTER 9461 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

(1)

Hidden Springs State Forest (1) (2)

Horseshoe Lake State Park – Madison County (1)

Horseshoe Lake State Park (Gabaret, Mosenthein and Chouteau Island Units (Madison County)) (1)

Ilo Dillin State Habitat Area (use of foothold traps prohibited during pheasant and quail season) (1)

Jim Edgar Panther Creek State Fish and Wildlife Area (body-gripping traps must be completely submerged) (1) (2)

Johnson-Sauk Trail State Park (no foothold water sets) (1)

Jubilee College State Park (1)

Kankakee River State Park (trappers must wear blaze orange while checking traps; no trapping adjacent to bike or horse trails; south of the Kankakee River, only dog proof type traps may be used until the close of the upland hunting season; no trapping on campground areas until closed) (1)

Kishwaukee River State Fish and Wildlife Area (site trapping season ends on the last day of archery deer season) (1) (2)

Lake Le-Aqua-Na State Park (1)

Little Rock Creek State Habitat Area (1)

Mackinaw River State Fish and Wildlife Area (1)

Marshall County State Fish and Wildlife Area (1) (2)

Mautino State Fish and Wildlife Area (trappers must register at the Hennepin Canal office; no floats may be set more than 14 days prior to the

ILLINOIS REGISTER 9462 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS season and must be removed at the conclusion of the season; no land sets) (1)

Morrison Rockwood State Park (1)

Mt. Vernon Game Propagation Center (1)

Pekin Lake State Fish and Wildlife Area (1)

Pyramid State Park – Captain Unit (no trapping on waterfowl refuge during waterfowl season; no foothold traps; body-gripping traps must be submerged) (1) (2)

Pyramid State Park – Denmark Unit (no trapping on waterfowl refuge during waterfowl season; no foothold traps; body-gripping traps must be submerged) (1) (2)

Ramsey Lake State Park (1) (2)

Rice Lake State Fish and Wildlife Area (1)

Rock Cut State Park (1)

Saline County State Fish and Wildlife Area (1) (2)

Sam Dale Lake State Conservation Area (2)

Sahara Woods State Fish and Wildlife Area (1) (2)

Sangchris Lake State Park (trapping rights for the opening day of the raccoon trapping season in the southern zone through January 25 are allocated by a drawing and restricted to designated areas; from February 1 through March 31, Sangchris Lake will be open to statewide trapping regulations) (1) (2)

Shabbona Lake State Park (1) (2)

Sparland State Fish and Wildlife Area (1)

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Spoon River State Forest (1) (2)

Spring Lake State Fish and Wildlife Area (1)

Starved Rock/Matthiessen State Park (1)

Stephen A. Forbes State Park (1) (2)

Trail of Tears State Forest (1)

Weldon Springs State Park (1) (2) e) Trapping is prohibited on all other Department-owned, -leased or -managed sites except by special permit which shall be issued by the Department when it is determined that the harvest of a species would enhance the biological balance of the resource.

1) All regulations shall be according to species regulations as provided for in this Part.

2) Permit application information and site specific regulations shall be announced publicly by the Department through the news media by September 1 of each year.

3) Site specific regulations shall be listed on the application and permit and posted at the site. f) Violation of site specific regulations is a Class B misdemeanor (see Section 2.30 of the Code).

(Source: Amended at 43 Ill. Reg. 9448, effective August 23, 2019)

ILLINOIS REGISTER 9464 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Duck, Goose and Coot Hunting

2) Code Citation: 17 Ill. Adm. Code 590

3) Section Numbers: Adopted Actions: 590.20 Amendment 590.60 Amendment 590.80 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2, 2.18, 2.19, 2.20, 2.23, 2.33, 3.5, 3.6, 3.7 and 3.8 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.13, 2.1, 2.2, 2.18, 2.19, 2.20, 2.23, 2.33, 3.5, 3.6, 3.7 and 3.8] and Migratory Bird Hunting (50 CFR 20).

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5427, May 17, 2019

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

11) Differences between Proposal and Final Version: In Section 590.60(24), "State Fish and Wildlife Area" has been added after "Lake"; subsection (37)(H), ", with the exceptions of Goldeneye and Redhead Lakes in the Galum Unit" has been added after "locations"; subsection (37)(K), "and closed to all waterfowl hunting during other periods" has been added after "February 28" and "The location of the Denmark Unit Waterfowl Rest Area is identified as all land and water east of field DM72 following Pipestone Creek north, east along Seven Island Trust Property Boundary, east to Eastern Haul Road, and the north to Pyatt-Cutler Road" has been deleted; subsection (52(E), "Hunting hours end at 1:00 p.m." has been corrected to read "Hunting hours end at 12:00 p.m."

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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? Yes

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

16) Information and questions regarding 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 9466 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 590 DUCK, GOOSE AND COOT HUNTING

Section 590.10 Statewide Regulations 590.15 Duck, Goose and Coot General Hunting Regulations on Department-Owned and -Managed Sites Listed in Sections 590.40 and 590.50 590.20 Permit Controlled Department Sites Only – Duck, Goose and Coot Hunting 590.25 Illinois Youth Waterfowl Hunting Permit Requirements (Repealed) 590.26 Illinois Youth Duck Hunting Permit Requirements (Repealed) 590.30 Duck, Goose and Coot General Hunting Regulations on all Department-Owned and -Managed Sites (Repealed) 590.40 Check Station Department Sites Only – Duck, Goose and Coot Hunting 590.50 Non-Check Station Department Sites Only – Duck, Goose and Coot Hunting 590.60 Various Other Department Sites – Duck, Goose and Coot Hunting 590.70 Ohio River 590.80 Early and Late Goose (All Speciesall species) Hunting Regulations on Department Sites

590.EXHIBIT A The Non-Toxic Shot Zones of Illinois (Repealed)

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2, 2.18, 2.19, 2.20, 2.23, 2.33, 3.5, 3.6, 3.7 and 3.8 of the Wildlife Code [520 ILCS 5] and Migratory Bird Hunting (50 CFR 20).

SOURCE: Adopted at 5 Ill. Reg. 8857, effective August 25, 1981; emergency amendment at 5 Ill. Reg. 11386, effective October 14, 1981, for a maximum of 150 days; codified at 5 Ill. Reg. 10638; Part repealed at 6 Ill. Reg. 9647, effective July 21, 1982; new Part adopted at 6 Ill. Reg. 11865, effective September 22, 1982; amended at 7 Ill. Reg. 13229, effective September 28, 1983; emergency amendment at 7 Ill. Reg. 13948, effective October 6, 1983, for a maximum of 150 days; emergency expired March 3, 1984; amended at 8 Ill. Reg. 18968, effective September 26, 1984; amended at 9 Ill. Reg. 14242, effective September 5, 1985; peremptory amendment at 9 Ill. Reg. 15062, effective September 25, 1985; emergency amendment at 9 Ill. Reg. 15928, effective October 8, 1985, for a maximum of 150 days; emergency expired March 5, 1986; amended at 10 Ill. Reg. 16588, effective September 22, 1986; emergency amendment at 10 Ill.

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Reg. 17773, effective September 26, 1986, for a maximum of 150 days; emergency expired February 23, 1987; amended at 11 Ill. Reg. 10560, effective May 21, 1987; emergency amendment at 11 Ill. Reg. 15242, effective August 28, 1987, for a maximum of 150 days; emergency expired January 25, 1988; amended at 12 Ill. Reg. 12200, effective July 15, 1988; emergency amendment at 12 Ill. Reg. 16233, effective September 23, 1988, for a maximum of 150 days; emergency expired February 20, 1989; emergency amendment at 12 Ill. Reg. 22244, effective December 7, 1988, for a maximum of 150 days; emergency expired May 6, 1989; amended at 13 Ill. Reg. 10525, effective June 20, 1989; amended at 13 Ill. Reg. 14925, effective September 7, 1989; emergency amendment at 13 Ill. Reg. 16579, effective October 4, 1989, for a maximum of 150 days; emergency expired March 3, 1989; amended at 13 Ill. Reg. 17354, effective October 27, 1989; amended at 14 Ill. Reg. 638, effective January 2, 1990; amended at 14 Ill. Reg. 13529, effective August 13, 1990; emergency amendment at 14 Ill. Reg. 17029, effective September 26, 1990, for a maximum of 150 days; emergency expired February 23, 1991; amended at 15 Ill. Reg. 1487, effective January 22, 1991; amended at 15 Ill. Reg. 13293, effective September 3, 1991; emergency amendment at 15 Ill. Reg. 16745, effective November 5, 1991, for a maximum of 150 days; emergency expired April 3, 1992; amended at 16 Ill. Reg. 570, effective December 31, 1991; amended at 16 Ill. Reg. 12491, effective July 28, 1992; emergency amendment at 16 Ill. Reg. 16672, effective October 15, 1992, for a maximum of 150 days; emergency expired March 9, 1993; emergency amendment at 16 Ill. Reg. 18851, effective November 17, 1992, for a maximum of 150 days; emergency expired April 11, 1993; emergency amendment at 17 Ill. Reg. 1658, effective January 20, 1993, for a maximum of 150 days; emergency expired June 14, 1993; amended at 17 Ill. Reg. 16443, effective September 27, 1993; emergency amendment at 17 Ill. Reg. 18867, effective October 14, 1993, for a maximum of 150 days; emergency expired March 13, 1994; amended at 18 Ill. Reg. 10023, effective June 21, 1994; emergency amendment at 18 Ill. Reg. 15161, effective September 27, 1994, for a maximum of 150 days; emergency expired February 23, 1995; amended at 19 Ill. Reg. 13209, effective September 11, 1995; amended at 20 Ill. Reg. 754, effective December 29, 1995; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 20 Ill. Reg. 12417, effective August 30, 1996; amended at 21 Ill. Reg. 578, effective December 30, 1996; amended at 21 Ill. Reg. 11713, effective August 12, 1997; amended at 22 Ill. Reg. 2182, effective January 2, 1998; amended at 22 Ill. Reg. 15961, effective August 24, 1998; amended at 22 Ill. Reg. 21881, effective December 3, 1998; emergency amendment at 23 Ill. Reg. 3092, effective March 10, 1999, for a maximum of 150 days; emergency expired August 6, 1999; amended at 23 Ill. Reg. 11195, effective August 26, 1999; emergency amendment at 23 Ill. Reg. 14640, effective December 13, 1999, for a maximum of 150 days; emergency expired May 10, 2000; amended at 24 Ill. Reg. 12517, effective August 7, 2000; amended at 25 Ill. Reg. 14131, effective October 22, 2001; amended at 26 Ill. Reg. 16238, effective October 18, 2002; amended at 27 Ill. Reg. 15409, effective September 18, 2003; amended at 28 Ill. Reg. 13562, effective September 24, 2004;

ILLINOIS REGISTER 9468 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS amended at 29 Ill. Reg. 9654, effective June 24, 2005; emergency amendment at 29 Ill. Reg. 13900, effective August 30, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 18924, effective November 4, 2005; amended at 30 Ill. Reg. 15694, effective September 18, 2006; amended at 31 Ill. Reg. 13128, effective August 30, 2007; amended at 32 Ill. Reg. 14761, effective August 27, 2008; amended at 33 Ill. Reg. 14671, effective October 13, 2009; amended at 34 Ill. Reg. 16457, effective October 8, 2010; amended at 35 Ill. Reg. 13161, effective July 26, 2011; amended at 37 Ill. Reg. 19208, effective November 14, 2013; amended at 38 Ill. Reg. 22735, effective November 18, 2014; amended at 39 Ill. Reg. 11387, effective August 3, 2015; amended at 40 Ill. Reg. 10492, effective July 20, 2016; amended at 41 Ill. Reg. 8575, effective June 28, 2017; amended at 42 Ill. Reg. 17547, effective September 21, 2018; amended at 43 Ill. Reg. 9464, effective August 23, 2019.

Section 590.20 Permit Controlled Department Sites Only − Duck, Goose and Coot Hunting

a) Sites covered in this Section, which allow hunting by permit only, are:

Anderson Lake State Fish and Wildlife Area

Banner Marsh State Fish and Wildlife Area

Black Crown Marsh State Natural Area

Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area (2)

Double T State Fish and Wildlife Area

Embarras River Bottoms State Habitat Area (2)

Horseshoe Lake State Fish and Wildlife Area

Kidd Lake State Natural Area (west of railroad tracks only)

Larry D. Closson State Habitat Area (2)

Marshall State Conservation Area – Duck Ranch Unit (2)

Mermet Lake State Fish and Wildlife Area

ILLINOIS REGISTER 9469 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Rice Lake State Fish and Wildlife Area – Walk-in Units

Snakeden Hollow State Fish and Wildlife Area

Spring Lake State Fish and Wildlife Area − Spring Lake Bottoms Unit

Union County State Fish and Wildlife Area b) Permit Requirements

1) Permit applications shall be accepted starting August 16. Initial acceptance dates and methods for making applications will be publicly announced. A hunter can obtain up to 5 permits for duck hunting and 5 permits for goose hunting as follows: Only applications submitted by Illinois residents will be processed during the first lottery to apply for up to one duck permit and one goose permit. Non-residents and residents who did not receive a permit or did not apply in the first lottery will be eligible to participate in the second lottery to apply for their first duck and goose permit. Residents will have preference in the 2nd lottery. Residents and non-residents can apply for a 2nd permit for duck and goose hunting in the 3rd lottery. Residents will have preference in the 3rd lottery. Residents and non-residents can apply for a 3rd, 4th and 5th duck and goose permit during the phone-in reservation period to be held after the 3rd lottery. Successful applicants will be sent confirmation via email or can access the Reservation Inquiry System to see if they were awarded a permit.

2) Permits shall be issued until the daily quota is filled. The daily quota is determined by the formula: one hunter per 10 to 40 huntable acres. Huntable acres are determined by, but not limited to, the biological studies on the number of the species available; the condition, topography, and configuration of the land at the site; the condition of the roads at the site; the number of employees available to work at the site; and the number of blinds which can be established on a site as set forth in Section 3.8 of the Wildlife Code [520 ILCS 5/3.8]. Hunting locations (blind or stake number) shall be assigned randomly by the permit office and listed on the permit at sites that do not have a check station, but have multiple hunting locations.

3) The permit shall be for the use of the entire blind or staked site/area.

ILLINOIS REGISTER 9470 19 DEPARTMENT OF NATURAL RESOURCES

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A) It shall be the responsibility of the permit holder to bring one hunting partner or one non-hunting partner (non-hunting partners are defined as persons under 21 years of age accompanying the hunter in the blind) or 2 non-hunting partners (3 persons per blind but not more than 2 hunters per blind) for:

Snakeden Hollow State Fish and Wildlife Area

Horseshoe Lake State Fish and Wildlife Area

Union County State Fish and Wildlife Area

B) It shall be the responsibility of the permit holder to bring no more than 2 partners (hunters or non-hunters; 3 persons per stake/area) for:

Rice Lake State Fish and Wildlife Area – Walk-in Unit

Kidd Lake State Natural Area – units west of the railroad tracks only

C) It shall be the responsibility of the permit holder to bring no more than 3 partners (hunters or non-hunters; 4 persons per blind or staked site/area) for:

Anderson Lake State Fish and Wildlife Area

Banner Marsh State Fish and Wildlife Area

Black Crown Marsh State Natural Area

Double T State Fish and Wildlife Area

Embarras River Bottoms State Habitat Area

Larry D. Closson State Habitat Area

Marshall State Conservation Area – Duck Ranch Unit

ILLINOIS REGISTER 9471 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Mermet Lake State Fish and Wildlife Area

Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit

Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area

Unallocated blinds shall be filled by a drawing at the sites.

4) Permits are not transferrable.

5) Permits will be issued from the Springfield Permit Office for permit-controlled sites. For other information write to:

Illinois Department of Natural Resources Permit Office − Waterfowl P.O. Box 19457 Springfield IL 62794-9457 c) General Regulations

1) All use other than permit hunting as defined in subsection (b)(3) is prohibited at:

A) Snakeden Hollow State Fish and Wildlife Area from 2two weeks before duck season through close of Central Zone Canada goose season.

B) Double T State Fish and Wildlife Area from October 1 through the close of the Central Zone Duck hunting season.

2) Hours, Permits and Stamp Charges

A) Hunting hours are from legal opening time until 1:00 p.m., except at Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area, which close at 12 noon. Marshall State Fish and Wildlife Area – Duck Ranch Unit will have

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statewide hours for early and late goose seasons.

B) At Snakeden Hollow State Fish and Wildlife Area from opening day through November 30, all hunters must register at the check station by 5:00 a.m. Permits are void after 5:00 a.m. From December 1 through December 31, all hunters must register at the check station by 5:30 a.m. Permits are void after 5:30 a.m. From January 1 through the close of goose season, all hunters must register at the check station by 6:00 a.m. Permits are void after 6:00 a.m.

C) At Banner Marsh State Fish and Wildlife Area, Horseshoe Lake State Fish and Wildlife Area, Rice Lake State Conservation Area – Walk-in Units and Union County State Fish and Wildlife Area hunters with permit reservations are required to check in at the check station between 4:30 a.m. and 5:00 a.m. Permits are void after 5:00 a.m. A drawing shall be held to allocate blind sites at all sites.

D) At Anderson Lake State Fish and Wildlife Area and Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit, hunters are required to check in at the check station no later than one hour before legal shooting time; after that time, permits are void.

E) At Double T State Fish and Wildlife Area, hunters must check in by 4:30 a.m. at the Rice Lake check station. Permits are void after 4:30 a.m. Check out is required at all sites listed in this Section.

F) At Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area, hunting hours are from legal shooting time to 1:00 p.m. Permit hunters have sole access to the blind sites for the day and may occupy or leave the site as desired during legal access hours.

G) At Kidd Lake State Natural Area, hunters may arrive at hunt sites 1 hour prior to legal shooting time until 1:00 p.m. when shooting must cease. Hunters must remove all hunting materials and vacate the area by 2:00 p.m. Only hunters with Public Duck and Goose Hunting Area Permits and their partners may hunt the site.

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H) A $15 Daily Usage Stamp must be purchased at Snakeden Hollow State Fish and Wildlife Area. Partners between 16 and 20 years of age must pay daily usage stamp fee. Partners under 16 are not required to purchase a daily usage stamp.

I) A $10 Daily Usage Stamp must be purchased at Banner Marsh State Fish and Wildlife Area, Marshall State Conservation Area – Duck Ranch Unit, Spring Lake State Fish and Wildlife Area − Spring Lake Bottoms Unit, Horseshoe Lake State Fish and Wildlife Area, Union County State Fish and Wildlife Area. Non-hunting partners between 16 and 20 years of age must pay daily usage stamp fee. All partners under 16 are not required to purchase a daily usage stamp.

J) At Embarras River Bottoms State Habitat Area, hunters may arrive at hunt sites 1 hour prior to legal shooting time until 1:00 p.m. when shooting must cease. Hunters must remove all hunting materials and vacate the area by 3:00 p.m. Only hunters with Public Duck and Goose Hunting Area Permits and their partners may hunt the site.

K) At Mermet Lake State Fish and Wildlife Area, permits will be valid each day the check station is open during regular duck season. Drawing for blinds will take place 90 minutes before shooting time and hunting hours are from ½ hour before sunrise until 1:00 p.m.

3) Hunting shall be done from assigned locations (blinds, stakes, areas or pits) only and hunters shall not move from assigned location to another location or leave the assigned location and return.

4) Guns must be unloaded and encased at all times when not hunting. Except at Union County and Horseshoe Lake State Fish and Wildlife Areas, all hunting parties shall hunt over a spread of at least 12 decoys during duck season and Canada goose season. The decoys shall be staked, placed or floating, be individually visible, be at least 8 inches long, and not be within a boat, blind or container.

ILLINOIS REGISTER 9474 19 DEPARTMENT OF NATURAL RESOURCES

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5) The legal hunting seasons for Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area are the dates of the South Zone duck and goose hunting seasons except that these areas shall be closed on Mondays, Tuesdays (except for the Illinois Youth Waterfowl Hunt) and December 24 through 28. (These sites shall be open only for the Illinois Youth Waterfowl Hunt on December 28, pursuant to 17 Ill. Adm. CodeSection 685.110.)

6) The legal hunting season at Snakeden Hollow State Fish and Wildlife Area is the dates of the Central Zone goose hunting season except that the area shall be closed on Mondays, Tuesdays, Wednesdays, and December 24, 25 and 26.

7) The legal hunting season at Banner Marsh State Fish and Wildlife Area and Rice Lake State Fish and Wildlife Area – Walk-in Units is the dates of the Central Zone duck hunting season.

8) The legal hunting season at Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit is the opening day of the Central Zone duck hunting season and every Tuesday, Thursday and Sunday of the Central Zone duck hunting season, except the second Sunday in November, which is closed due to the Youth Hunt.

9) The legal permit hunting season at Double T State Conservation Area will be every Wednesday, Saturday and Sunday of the Central Zone duck hunting season.

10) The legal hunting season at Marshall State Conservation Area – Duck Ranch Unit is every Tuesday, Thursday, Saturday and Sunday during the Central Zone duck season.

11) At Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area, during duck season hunters shall not possess more than 25 shot shells. When duck season is closed, hunters shall not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit. During the Conservation Order Light Goose Season hunters may possess 25 shot shells at Horseshoe Lake State Fish and Wildlife Area. At Snakeden Hollow State Fish and Wildlife Area, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag

ILLINOIS REGISTER 9475 19 DEPARTMENT OF NATURAL RESOURCES

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limit.

12) At Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area hunters may bring up to 3 dozen decoys per party. No full bodied or supermagnum shell decoys are allowed.

13) At Horseshoe Lake State Fish and Wildlife Area hunters cannot take guns from the blind to retrieve crippled waterfowl.

14) Hunters must be at least 16 years of age (except for the Illinois Youth Goose/Duck Hunt) to draw for a pit or blind. Each person under 16 years of age must be accompanied by a supervising adult.

15) At Rice Lake State Fish and Wildlife Area – Walk-in Units, hunting shall be by walk-in or boats without motors only.

16) The legal hunting season for Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area will be every Tuesday, Thursday and Saturday of the Central Zone regular duck and Canada goose season.

17) The permit dates for Anderson Lake State Fish and Wildlife Area will be every Tuesday, Thursday and Saturday of the waterfowl hunting zone the site is in (Central Zone). Permit holders will have first choice of West Point Walk-in area stakes or unclaimed yearly allocation blinds that would otherwise go in the daily drawing. All site specific regulations apply.

18) The legal hunting season for Larry D. Closson State Habitat Area will be every Sunday in October and November and every Saturday in December and January of the regular Illinois duck hunting season in the waterfowl hunting zone in which the site is located.

19) The legal hunting season for Kidd Lake State Natural Area – units west of the railroad tracks only will be every Tuesday, Thursday and Saturday of the regular Illinois duck hunting season in the waterfowl hunting zone in which the site is located.

20) The legal hunting season for Embarras River Bottoms State Habitat Area will be Tuesday, Thursday and Saturday of the regular Illinois duck hunting season (except for the youth waterfowl season) in the Waterfowl

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Hunting Zone in which the site is located. There will be no waterfowl hunting during shotgun deer and deer muzzleloader seasons.

21) The legal hunting season for Black Crown Marsh State Natural Area will be Tuesday, Thursday, Saturday and Sunday of the regular Illinois duck hunting season in the waterfowl hunting zone where the site is located. Walk-in hunting only. This site does not have any permanent blind structures. Hunters may construct temporary blinds that must be removed at the end of each day's hunt. Hunting hours are from legal opening until 1:00 p.m. Hunters must be off the site by 2:00 p.m. Sign-in/sign-out and report harvest at parking area kiosk.

d) Violation of this Section is a petty offense (see 520 ILCS 5/2.20).

(Source: Amended at 43 Ill. Reg. 9464, effective August 23, 2019)

Section 590.60 Various Other Department Sites – Duck, Goose and Coot Hunting

The sites listed in this Section conform to Statewide Regulations (Section 590.10) and the following regulations, except as noted.

a) Regulations

1) Hunting hours are from legal opening to 1:00 p.m., except hunting shall be permitted until sunset on those sites indicated by (1) following the location in subsection (b). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (2).

2) No permanent blinds allowed, except for Department constructed blinds; all blinds must be of a portable nature and constructed with natural vegetation at the blind site and no pits can be dug. All materials must be removed or dismantled at the end on the day's hunt.

3) Portable boat blinds must have been completed, including final brushing, before entering the water and must be removed at the end of the day's hunt.

4) Waterfowl hunters must maintain a distance of 200 yards between hunting parties, except for Department constructed blinds or staked locations.

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5) No hunting is permitted within 200 yards of developed recreation areas, public use facilities, and construction or industrial sites.

6) No check station is operated nor is any check in/check out required, except as indicated in the remainder of this Section.

7) It shall be unlawful to trespass upon areas designated as waterfowl rest areas or refuges from 2 weeks prior to the start of regular duck season through the close of regular duck and Canada goose season except as indicated in the remainder of this Section.

8) It shall be unlawful to trespass upon the designated waterfowl hunting area during the 7 days prior to the regular duck season unless otherwise posted at the site. b) Site Specific Regulations

1) Boston Bay (Mississippi River Pool 18) No permanent blinds may be built; temporary blinds only; 200 yards apart.

2) Cache River State Natural Area (hunters must sign in prior to hunting and sign out and report their harvest at the end of each day) (1)

3) Campbell Pond State Wildlife Management Area (2)

4) Cape Bend State Fish and Wildlife Area (1)

5) Carlyle Lake Project Lands and Waters

A) No one may enter the subimpoundment area (except for parking areas) to hunt waterfowl before 4:30 a.m. each day of the waterfowl hunting season, or remain in the area after 3:00 p.m. each day of the waterfowl hunting season, except during the last 3 days of the Canada goose season and during any goose seasons that occur before or after Canada goose season, hunters must be out of the area by one hour after sunset and not return until 4:30 a.m. The subimpoundment area is defined as that area bordered by the Kaskaskia River on the east and south and extending north and

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west to the Carlyle Lake project boundary, and includes impoundment areas 1, 2, 3, and 4 and within the impoundments on the East Side Management Area located east of the Kaskaskia River.

B) The waters of Carlyle Lake are defined as the lake and that portion of the Kaskaskia River, North Fork, East Fork, Peppenhorst Branch and Allen Branch and Hurricane Creek that are within the boundaries of the Carlyle Lake property.

C) Walk-in hunting shall be permitted in subimpoundment areas. Boats with no motors are allowed in the subimpoundments. Department personnel will designate boat launching locations.

D) When the water level in the subimpoundment area is too high (due to flooding) to allow walk-in hunting, Department personnel shall post that the area is open to boats with motors (no airboats) operating at no wake speedof 10 hp or less and will designate boat launching locations.

E) Known eagle protection areas will be posted by the Site Superintendent and will be closed to waterfowl hunting.

F) Each hunting party is required to hunt over a minimum of 12 decoys. Decoys shall not be left out unattended or after 3:00 p.m. each day of the waterfowl season, except during the last 3 days of the Canada goose season and during any goose seasons that occur after Canada goose season, decoys shall not be left out unattended or later than one hour after sunset.

G) All waterfowl hunters must register prior to hunting each day of the waterfowl hunting season at the nearest accessible registration box. All hunters must sign out and record their harvest daily before they exit the area.

H) The Army Corps of Engineers may build blinds on Corps managed lands and waters for management purposes only.

I) During the last 3 days of Canada goose season, hunting hours shall

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close at sunset daily.

J) The following rules apply to North Allen Branch Waterfowl Management Area (Eldon Hazlet State Park) only:

i) Three designated blind sites are available on a first come- first served basis. Walk-in hunting only is permitted with a maximum of 4 hunters per site. All hunting must be from one blind site located between identically numbered stakes.

ii) Hunters must sign in prior to hunting, and sign out and report their harvest at the end of each day. All hunters must be checked out by 2:00 p.m. daily, except the last 3 days of the Canada goose season, and during any goose seasons that may occur after the Canada goose season, hunters must be checked out by one hour after sunset.

iii) Decoys shall not be left out unattended.

iv) When the lake floods this area and designated blind sites are not usable for walk-in hunting, the Department, by public announcement and/or posting, will open the affected area to hunting from boats per Carlyle Lake Project Lands and Waters' rules.

K) Waterfowl hunters may not possess more than 25 non-toxic rounds of ammunitions while hunting within the subimpoundment areas.

6) Chauncey Marsh State Natural Area (2)

7) Clinton Lake State Recreation Area (1) (2)

A) Except as described in subsections (b)(7)(C) and (D), hunting is allowed only from anchored portable blinds, except that no waterfowl hunting is permitted in the area extending from a line between the west side boat ramp and the southern-most point of the central peninsula to the Davenport Bridge.

B) Waterfowl hunting is also permitted from the shore in designated

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walk-in hunting areas on a first-come, first-served basis. Walk-in or boat hunting only. No more than 4 hunters per party are permitted.

C) Hunting from permanent land-based blinds is permitted only from Disabled Hunting Program and Salt Creek Waterfowl Management Area blinds. In all Boat Access Only Sites, boat hunters may access land to hunt that is open to upland game and/or forest game (including archery hunting area) hunting. Hunters may use a boat to access these areas; no walk-in hunting at these sites. All blind rules in subsection (b)(7)(E) apply.

D) Each party must hunt over a minimum of 12 decoys. Decoys must be removed from the sites following each day's hunt. Decoys must not be left unattended.

E) Except for the Handicap Hunting Program facilities and Salt Creek Waterfowl Management Area, blinds must be portable or built from material brought in or available at the blind site. Blinds must be dismantled and removed at the end of each day's hunt. No trees or bushes may be cut.

F) There will be no hunting within 200 yards of developed areas or construction zones and 300 yards of electrical power lines.

G) Hunting within the Salt Creek Waterfowl Management Area will, on designated days, be available only through a drawing conducted by the Springfield Permit Office. Procedures for applying for a permit at the site will be publicly announced.

8) Coffeen Lake State Fish and Wildlife Area

A) Hunters must sign in prior to hunting and sign out, reporting harvest at the end of each day.

B) Hunting from staked sites only.

C) No permanent blinds.

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D) Hunting by boat access only.

E) No cutting vegetation on site.

F) Hunting north of railroad tracks only.

G) Hunting hours from legal opening to 1 p.m. Fishing allowed between the railroad tracks and the county road after 1:00 p.m.

H) Four hunters per blind site.

I) No hunting during firearm deer seasons.

J) All hunters must be checked out at sign in box by 2:00 p.m.

9) Copperhead Hollow State Wildlife Area (1) (2)

10) Cypress Pond State Natural Area (1) Hunters must sign in prior to hunting and sign out reporting harvest at the end of each day.

11) Deer Pond State Natural Area (1) Hunters must sign in prior to hunting and sign out reporting harvest at end of each day.

12) Devil's Island State Fish and Wildlife Area (1)

13) Dog Island State Wildlife Management Area (2)

14) Donnelley State Wildlife Area

A) Hunting is prohibited on Tuesdays and Wednesdays except open on opening day and on the first Sunday immediately preceding the first firearm deer season as set forth in 17 Ill. Adm. Code 650.10 except as indicated in Section 590.25.

B) Goose hunting is prohibited after the close of the duck season.

C) All hunting shall be from designated blinds only. Refilling or

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changing blinds is not permitted.

D) All hunters must report to the check station to fill out an information card and turn in hunting licenses or valid photo identification (example: Firearm Owner's Identification Card, driver's license) before proceeding to blinds.

E) A hunter may bring one or 2 hunting partners under the age of 21.

F) $10 daily usage stamp must be purchased to hunt this area. Non-hunting partners between 16 and 20 years of age must pay daily usage stamp fee. Non-hunting partners under 16 are not required to purchase a daily usage stamp.

G) No outboard motors are allowed by public – only by authorized DNR personnel.

H) No more than 3 persons shall occupy a blind at any one time.

I) All parties are required to report to check station within one hour after termination of hunt or no later than 2:00 p.m.

J) All parties must hunt over a minimum of 12 decoys and a maximum of 48 decoys can be used, which must be removed upon the termination of the hunt.

K) The first weekend and the third Saturday of the regular duck season shall be designated as youth hunt days. This shall consist of youth or youths 15 and under plus one adult per blind. There shall be no charge for the youth on these days. Those blinds not allocated to youths shall be available to adults on those days.

L) One blind shall be made available by priority claim to "disabled" persons (as defined in Section 2.33 of the Wildlife Code).

15) Fort de Chartres State Historic Site (1)

A) Hunting is allowed from anchored, portable boat blinds only on a first come-first served basis.

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B) Each hunting party is required to hunt over a minimum of 12 decoys which must be removed at the end of each hunting day.

C) No hunting is allowed during firearm deer season.

16) Fort Massac State Park (Kerr Farm Unit Only) (1) (2)

1716) Fox Ridge State Park (1) (2) Hunting restricted to Embarras River and its flood waters.

1817) Fox River (1)

A) Waterfowl hunting is prohibited on that portion of the Fox River running from the Kendall-Kane County line downstream to a line extending from the intersection of Route 71 and Douglas Street in Oswego, across the Fox River to the intersection of Hickory Lane and Riverview Drive.

B) Waterfowl hunting shall be from Department designated sites only on that portion of the Fox River downstream from the line extending from the intersection of Route 71 and Douglas Street in Oswego, across the Fox River to the intersection of Hickory Lane and Riverview Drive downstream to the Fox River Drive Bridge. Hunting at the designated sites will be on a first-come, -first-served basis. Statewide regulations shall be in effect with no other Sections of this Part being applicable.

1918) Fox River – Chain of Lakes (Lake and McHenry Counties) (1) Waterfowl blind regulations of the Fox Waterway Agency are in full force and effect on those public waters under their jurisdiction. Failure to comply with such regulations constitutes a violation of this Section.

2019) Freeman Mine State Habitat Area Hunting regulations will be publicly announced.

2120) Heidecke State Fish and Wildlife Area, Braidwood State Fish and Wildlife Area and Powerton Lake State Fish and Wildlife Area

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A) Blind sites shall be allocated on a daily draw basis conducted at the check stations 60 minutes before hunting time. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select blind site in order drawn; only those hunters registered in party shall be allowed to hunt with their party; no more than 3 hunters per party; persons under the age of 16 shall not be allowed to hunt unless accompanied by an adult.

B) Blind sites not selected during the drawing shall be allocated on a first-come, -first-served basis. Vacant blind sites shall not be allocated after the drawing until one hour after legal hunting time. No blind sites shall be allocated after 10:00 a.m. Hunters wishing to move to another blind site must report this move to the check station attendant in person before such a move.

C) Access to water blind sites must be by boat only and from designated boat launch sites.

D) All hunting must be from portable boat blinds, within 10 yards of the assigned numbered stake or buoy. No more than 3 persons shall use one blind.

E) Upon vacating blind sites, all hunters must report to the check station within one hour. At this time, waterfowl bagged must be checked in and displayed to the station operator and hunting licenses returned.

F) Each hunting party is required to hunt over a minimum of 12 decoys. Decoys must be picked up immediately after the hunt is over.

G) Heidecke Lake and Braidwood Lake shall be closed to all fishing and boat traffic except for legal waterfowl hunters from 10 days prior to regular duck season until the close of the regular duck and Canada goose season. Powerton Lake shall be closed to boat traffic from 7 days prior to opening of regular duck season until February 15, except for legal waterfowl hunters, and closed to all unauthorized entry during the regular duck season.

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H) No hunting on Monday and Tuesday at Heidecke and Braidwood Lakes. No hunting at Powerton Lake on Monday through Thursday except hunting permitted on State holidays.

I) It is unlawful to hunt waterfowl on the water area in any watercraft less than 16 feet long and 60 inches in beam and without a gas- powered motor.

J) No guns may be carried from water blinds to retrieve waterfowl that fall on land.

K) Hunting is closed on Christmas Day and New Year's Day.

L) All water areas not posted with blind site numbers shall be refuge and are closed to all boat traffic except by authorized personnel.

M) It is unlawful to shoot across any dike.

N) Waterfowl hunting shall close with the conclusion of the duck season at Powerton Lake. At Heidecke and Braidwood Lakes, waterfowl hunting closes at the end of duck or goose season, whichever is later. No goose hunting is allowed prior to duck season.

2221) Henderson Creek State Fish and Wildlife Area (2)

2322) Hidden Springs State Forest (hunting restricted to Richland Creek and its floodwaters) (1) (2)

2423) Horseshoe Lake State Fish and Wildlife Area (Alexander County) Public Hunting Area

A) Closed to waterfowl hunting on Mondays and Tuesdays.

B) When duck season is closed, goose hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit.

2524) Horseshoe Lake Refuge

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No hunting allowed, no boat motors except trolling motors will be allowed on Horseshoe Lake from October 15 to March 1.

2625) Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit Site permit required.

2726) Jim Edgar Panther Creek State Fish and Wildlife Area

A) Waterfowl hunting on Prairie Lake will be allowed on Wednesdays and Saturdays beginning the opening day of the controlled pheasant hunting season until the close of the controlled pheasant hunting season.

B) Staked hunting sites shall be allocated on a daily draw basis conducted at 5:00 a.m. at the site office. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select a hunt stake in order drawn; only those hunters registered in the party shall be allowed to hunt with the party; no more than 4 hunters per party; persons under the age of 16 shall not be allowed to hunt unless accompanied by an adult.

C) Hunting hours will be legal opening shooting hours for Jim Edgar Panther Creek's respective Illinois waterfowl zone to 12:00 p.m.

D) Access to water hunt stakes must be by boat only and from designated boat launch sites.

E) Upon vacating hunt stakes, all hunters must report to the site office within one hour to sign out and report harvest.

F) Each hunting party is required to hunt over a minimum of 12 decoys. Decoys must be picked up immediately after the hunt is over.

G) Hunting shall take place from boats anchored within 10 yards of Department assigned hunt stakes only. Hunters must occupy hunt stakes within one hour after registering at the check station. No

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guns may be carried from hunt stakes to retrieve waterfowl that fall on land.

H) Hunting is closed Christmas Day (December 25).

I) Hunting parties may move to unoccupied hunting stakes after 10:00 a.m. Hunting location moves need to be recorded when hunters check out after the hunt.

J) When it is deemed necessary, the Department shall remove, move or close hunt stakes in order to carry out the operations of the overall management program.

2827) Kaskaskia River State Fish and Wildlife Area (1) The last 3 days of both the duck season and the regular Canada goose season.

A) No waterfowl hunters may remain in the area after 3:00 p.m. For those lands lying south of Illinois Route 154 and north of Illinois Route 13, the legal hunting hours shall be from statewide opening hour until statewide closing hour.

B) All waterfowl hunting parties must use at least 12 decoys. Hunting is allowed on a first-come, -first-served basis.

C) It is unlawful to leave duck and goose decoys unattended. Decoys must be picked up at the end of each day's hunt.

D) All waterfowl hunters must register prior to hunting each day of the waterfowl season at the nearest check station, and must sign out and record their harvest daily before they exit the area.

E) The following regulations apply to the Doza Creek Waterfowl Management Area:

i) No waterfowl hunters may enter the area before 4:30 a.m. each day of the waterfowl hunting season. No waterfowl hunters may remain in the area after 3:00 p.m. -

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ii) Only waterfowl, coot, archery deer and fall archery turkey hunting (as provided by 17 Ill. Adm. Code 670 and 720) allowed in this area during the duck hunting season.

iii) For the first 4 days of the duck season, all waterfowl hunting must occur within 10 yards of an assigned, numbered stake. Staked hunting locations shall be allocated on a daily draw basis at the Highway 154 Boat Ramp at 4:00 a.m. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select a staked location in order drawn; only those hunters registered in a party shall be allowed to hunt with their party; no less than 2 hunters and no more than 4 hunters per party; moving from staked location to staked location is not allowed. Staked locations not allocated during the drawing will not be hunted that day. Starting on day 5 and for the remainder of the waterfowl season, hunting is allowed on a first-come, -first-served basis and hunting need not occur by a stake. Waterfowl hunters must maintain a distance of 200 yards between hunting parties.

iv) Electric trolling motors only may be used. All other motors must be removed or made inoperable.

F) Handicapped accessible waterfowl hunting blind (Dry Lake Access Area)

i) Application for hunting dates should be received at the site office September 1-10 and will be allocated on a first request basis or via a drawing, if needed.

ii) Three hunters are allowed in the blind. At least one hunter must have a P-2 handicapped certification.

iii) Hunters must sign in/out and report harvest at check station after hunting.

2928) Kickapoo State Recreation Area (2)

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A) Hunting permitted only within 10 yards of staked sites.

B) Hunters must hunt in parties of no more than 4 hunters per party.

C) Hunters must sign in, sign out, and report harvest.

D) Hunting hours are from legal opening to 1:00 p.m. during regular Illinois duck hunting season and statewide hours from the day after duck season closes until Canada goose season closes in the waterfowl hunting zone in which the site is located.

3029) Kinkaid Lake State Fish and Wildlife Area (1)

3130) Lake Calumet and entrance channel to Calumet River (1)

3231) Lake Michigan (1)

3332) Mermet Lake State Fish and Wildlife Area

A) No fishing on the area during duck season.

B) Hunting hours are from legal opening until 1:00 p.m. each day, except the last 3 days of duck season, when hunting shall be allowed until sunset.

C) Manned check station will be closed Christmas Day and every Sunday and Monday during regular duck hunting season. Walk-in hunting will be allowed on Sundays and Mondays.

D) Blind/pool sites shall be allocated on a daily drawing basis at the manned waterfowl check station 90 minutes before legal hunting time (except Sunday and Monday when the manned check station is closed). One additional drawing will be held at the manned check station at 9 a.m. for any unoccupied waterfowl blinds/pools.

E) Hunters shall register as a party/group of up to 4 hunters for the drawing (except on the statewide youth waterfowl hunting day, as authorized in 17 Ill. Adm. Code 685.110(c) when 5 people may occupy a blind/pool at one time if the party includes 2 youth

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hunters); each party/group drawn shall be allowed to select a blind/pool in the order drawn; only those hunters registered in that party/group shall be allowed to hunt with the party.

F) Upon allocation of blinds/pools, all hunting parties/hunters must accept and hunt the blind/pool chosen, or reject the allocation of the blind/pool immediately. All those rejecting the allocation of a blind/pool shall be ineligible to hunt within the blind/pool area for the remainder of that day. Individual hunters, or hunting parties, can only be allocated one blind/pool per day.

G) Hunters must occupy their blinds/hunting area within one hour after registering at the manned check station.

H) Waterfowl hunters must have their waterfowl hunting tag filled out with the date and blind/stake number or hunting location. The card must be in possession of the hunter while hunting. All waterfowl harvested must be reported on the waterfowl hunting tag and returned daily to the drop box at the hunter check station no later than 2:00 p.m.

I) All hunters must park in designated areas only. All areas are marked with corresponding numbers or area designations. Only one vehicle per hunting party will be allowed, unless approval is granted by check station operator.

J) Within the blind/pool area, a minimum of 12 decoys per hunting party are required while hunting waterfowl. No decoys are required within the walk-in areas. All decoys must be removed from the area at the end of the day's hunt.

K) A 25 shotgun shell limit per hunter, per day, applies on this area. It is unlawful for a hunter to have in his or her possession more than 25 shotgun shells while on the site.

L) Hunting must be from allocated blind (or within 10 yards of blind) or pool location. Hunters may hunt other designated waterfowl hunting areas that do not have blinds or pools; however, they must maintain a minimum distance of 200 yards from the nearest

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blind/pool or other hunting parties.

M) Attempts to claim a blind/pool by any manner other than actual occupation shall be considered in violation of this Part and shall be cause for arrest. Insertion of a boat into a boat hide and/or the spread of decoys before a blind/pool shall not be considered legal occupation of a blind/pool.

N) Due to safety factors, persons under 16 years of age shall not hunt, or attempt to hunt, unless accompanied by a parent, legal guardian, or person designated by the parent or guardian who is 18 years of age or older.

O) Claiming or attempting to claim any blind/pool that is legally occupied and/or harassing, in any manner, the occupants of a blind/pool that is legally occupied is unlawful.

P) Boats without motors may be used within the walk-in areas.

3433) Middle Fork State Fish and Wildlife Area (2)

A) Hunting is restricted to the Vermilion River and its flood waters.

B) Hunters must hunt in parties of no more than 4 hunters per party.

C) Hunters must sign in, sign out, and report harvest.

D) Hunting hours are from legal opening to 1:00 p.m. during regular Illinois duck hunting season and statewide hours from the day after the duck season closes until the Canada goose season closes in the waterfowl hunting zone in which the site is located.

3534) Newton Lake State Fish and Wildlife Area

A) Blind sites shall be allocated by a daily drawing to be conducted at 4:30 a.m. Blind sites not selected during the drawing (or in the event that personnel are not available to conduct drawing) shall be allocated on a first-come, -first-served basis until one hour before shooting time; and then after 9:00 a.m. All hunters must register

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before entering the hunting area. Hunting hours end at 1:00 p.m.; all hunters must be off the water or out of the field by 2:30 p.m. daily.

B) Upon vacating their blinds, all hunters must place their completed harvest cards in the collection box located at the boat ramp or site headquarters.

C) There will be duly posted waterfowl refuges. These areas shall be closed to all boat traffic and boat fishing during the waterfowl season.

D) No more than 4 persons shall occupy a blind at one time.

E) The west arm of the lake shall be closed to all waterfowl hunting.

F) Blind sites shall be determined by the Department of Natural Resources and marked with numbered stakes. When it is deemed necessary, the Department shall remove, move or close blind sites in order to carry out the operations of the overall management program.

G) Hunters wishing to move to another vacant blind location may do so on a first-come, -first-served basis, providing they include the blind change on the harvest card and report their kill for each blind. If hunters do not occupy the stake they have drawn by legal shooting time, they forfeit the right to the staked hunting location.

H) Access to water blind sites shall be by boat only and from the east side boat ramps. Access to land sites shall be by walk-in only and from nearby hunter parking lots. No parking is allowed along county roads.

I) All water hunting must be from one portable blind or one anchored portable boat blind located between the assigned numbered stakes, no more than 10 yards from shore. All land hunting must be done from a position within 50 feet of the assigned numbered stake.

J) Crippled waterfowl that fall on land, other than areas designated as

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refuge, shall be retrieved by foot. However, no gun may be carried while attempting to recover such birds.

K) Blind site water: A position between 2 like numbered stakes where a blind may be located. Blind site land: A position within 50 feet of numbered stakes where a hunter may set up or a temporary blind may be located.

L) Fishing shall be prohibited in the east arm of the lake during the waterfowl season.

M) Each party must hunt over a minimum of 12 decoys, and all decoys must be removed at the end of each day's hunt.

N) When it is deemed necessary for public safety reasons, such as flooding, high winds, or heavy fog, the Department will close the lake area to all fishing and all boating activity except for non-water hunting programs.

O) This site is closed to all users except firearm deer hunters during the firearms deer seasons.

P) During the last 3 days of Canada Goose season, hunting hours shall close at sunset daily.

3635) Oakford State Conservation Area (2)

3736) Pyramid State Park – Captain, Denmark, East Conant and Galum Units Unit (2)

A) Hunting hours are from legal opening to 1:00 p.m.; hunters must be out of the field by 2:00 p.m.

B) Each hunting party is required to hunt over a minimum of 12 decoys; all decoys must be picked up at the end of each day's hunt.

C) Hunters participating in daily lottery for blinds or staked sites must register as a group not to exceed 4 hunter names per card. Waterfowl hunters not hunting at a staked site allocated through

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daily lottery may not exceed 4 hunters per party. All hunters must register as a group not to exceed 4 names per card. A hunter's name may notonly appear on more than one lottery card.

D) Blind sites will be allocated by daily drawing during duck season only at a location designated by the site the Galum Unit Office beginning at 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January. All hunting must occur within 10 yards of an assigned, numbered stake, except for stakes identified at the check station where hunters may hunt from any place in the wetland in which the stake is located. There will be no moving to staked locations after initial drawing.

E) Successful participants must have their lottery card stamped with the date and blind number. The card must be in the possession of the hunter or group while hunting. Waterfowl harvested must be reported on blind selection card and returned daily to a hunter check station box.

F) Waterfowl hunters not participating in daily draw must report their harvest on site hunting permit by February 15.

G) Waterfowl hunters not participating in the daily lottery for staked sites may not access Pyramid State Park property until 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January.

H) Waterfowl hunters may not hunt on main lakes other than staked locations, with the exceptions of Goldeneye and Redhead Lakes in the Galum Unit. Hunters may hunt crop fields and wetlands that have not been staked; however, they must be a minimum of 200 yards from the nearest staked location or another hunter.

I) No waterfowl hunting is allowed within 200 yards of the Captain or Denmark Unit Waterfowl Rest Area or within 100 yards of any private property boundary.

J) The land and water portion of the Captain Unit Waterfowl Rest Area is closed to all entry from October 28 through February 28. The location of the Captain Unit Waterfowl Rest Area is described

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as follows: All land and water west of Panda Bear Road north to Northern Haul Road, then south on Beltline Road to Western Haul Road, then east on Pyatt-Cutler Road.

K) The land and water portion of the Denmark Unit Waterfowl Rest Area is closed to all entry from October 28 through February 28 and closed to all waterfowl hunting during other periods. The location of the Denmark Unit Waterfowl Rest Area is defined as the area within a boundary beginning where Pipestone Creek passes under Tangen Cemetery Road, following Pipestone Creek north and west to a line of boundary signs extending northwest to Pyatt-Cutler Road, following Pyatt-Cutler Road east until it intersects with Tangen Cemetery Road, and following Tangen Cemetery Road south to where it crosses Pipestone Creek.

L) After duck season is closed and during the Canada goose hunting season, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag.

ML) The area is closed to waterfowl hunting on Mondays and December 25.

37) Pyramid State Park – Denmark Unit (2)

A) Hunting hours are from legal opening to 1:00 p.m.; hunters must be out of the field by 2:00 p.m.

B) Each hunting party is required to hunt over a minimum of 12 decoys; all decoys must be picked up at the end of each day's hunt.

C) Hunters participating in daily lottery must register as a group not to exceed 4 hunter names per card. Waterfowl hunters not hunting at a staked site allocated through daily lottery may not exceed 4 hunters per party.

D) Blind sites will be allocated by daily drawing during duck season only at the Galum Unit office beginning at 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January. All hunting must occur within 10 yards of an assigned, numbered stake, except for

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stakes identified at the check station where hunters may hunt from any place in the wetland in which the stake is located. There will be no moving to staked locations after initial drawing.

F) Waterfowl hunters not participating in daily draw must report their harvest on site hunting permit by February 15.

G) Waterfowl hunters not participating in the daily lottery for staked sites may not access Pyramid State Park property until 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January.

H) Waterfowl hunters may not hunt on main lakes other than staked locations. Hunters may hunt crop fields and wetlands that have not been staked; however, they must be a minimum of 200 yards from the nearest staked location or another hunter.

I) No waterfowl hunting within 200 yards of Denmark Unit Waterfowl Rest Area and 100 yards of any private property boundary.

J) The land and water portion of the Denmark Unit Waterfowl Rest Area is closed to all entry from October 28 through February 28. The location of the Denmark Unit Waterfowl Rest Area is described as follows: All land and water east of field DM 72 following Pipestone Creek, north and then east along Seven Island Trust Property Boundary, then east to Eastern Haul Road, then north to Pyatt-Cutler Road.

K) After duck season is closed and during the Canada goose hunting season, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag.

L) The area is closed to waterfowl hunting on Mondays and

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December 25.

38) Pyramid State Park – East Conant Unit (2)

A) Hunting hours are from legal opening to 1:00 p.m.; hunters must be out of the field by 2:00 p.m.

B) Each hunting party is required to hunt over a minimum of 12 decoys; all decoys must be picked up at the end of each day's hunt.

C) No more than 4 hunters to a party.

D) No waterfowl hunting within 100 yards from any private property boundary.

E) After duck season is closed and during the Canada goose hunting season, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag.

F) Waterfowl hunters may not access Pyramid State Park property until 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January.

G) Hunters may hunt crop fields and wetlands; however, they must be a minimum of 200 yards from the nearest staked location or another hunter.

H) The area is closed to waterfowl hunting on Mondays and December 25.

39) Pyramid State Park – Galum Unit (2)

A) Hunting hours are from legal opening to 1:00 p.m.; hunters must be out of the field by 2:00 p.m.

B) Each hunting party is required to hunt over a minimum of 12 decoys; all decoys must be picked up at the end of each day's hunt.

C) Hunters participating in daily lottery must register as a group not to

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exceed 4 hunter names per card. Waterfowl hunters not hunting at a staked site allocated through daily lottery may not exceed 4 hunters per party.

D) Blind sites will be allocated by daily drawing during duck season only at the Galum Unit Office beginning at 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January. All hunting must occur within 10 yards of an assigned, numbered stake, except for stakes identified at the check station where hunters may hunt from any place in the wetland in which the stake is located. There will be no moving to staked locations after initial drawing.

F) Waterfowl hunters not participating in daily draw must report their harvest on site hunting permit by February 15.

G) Waterfowl hunters not participating in the daily lottery for staked sites may not access Pyramid State Park property until 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January.

I) No waterfowl hunting within 100 yards of any private property boundary.

J) After duck season is closed and during the Canada goose hunting season, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag.

K) The area is closed to waterfowl hunting on Mondays and December 25.

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3840) Ray Norbut State Fish and Wildlife Area (1) (2)

3941) Rend Lake Project Lands and Waters

A) All waterfowl hunters and all boats must be out of the Casey Fork and Big Muddy subimpoundments by 2:00 p.m. each day of the waterfowl season and not return until 4:30 a.m., except during the last 3 days of the Canada goose season, hunters must be out of the areas by one hour after sunset and not return until 4:30 a.m.

B) No hunting permitted from the subimpoundment dams.

C) While waterfowl hunting, no one may have in his/her possession any tool or device designed to cut brush or limbs, except common hunting knives and pocket knives.

D) No waterfowl hunting permitted within 200 yards of the refuge boundary, or within 100 yards of any private property boundary.

E) All boat traffic is prohibited from entering the subimpoundments from the closing of youth waterfowl season until opening day of regular waterfowl season.

F) All waterfowl hunters must sign in prior to hunting and sign out and report their harvest at the end of each day's hunt.

G) Air boats will not be allowed in the Casey Fork Subimpoundment, the Big Muddy subimpoundment, and the impoundments on Corps of Engineers' managed areas such as Atchison Creek, Gun Creek and Rend City Wetland during the regular duck, youth waterfowl and Canada goose seasons. When ice conditions do not allow access at boat ramps by normal watercraft, then air boats can be used in the Casey Fork and Big Muddy subimpoundment.

H) Permanent blinds at the Whistling Wings Access Area shall be regulated as follows:

ILLINOIS REGISTER 9500 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

i) During goose season, a separate drawing will be held for the pits at Whistling Wings. This drawing will be held at the Cottonwood check station following the drawing for staked hunting sites. Hunters may not register for more than one drawing per day. Unsuccessful hunters in the drawing for Whistling Wings pits may select any unclaimed staked location after the drawings.

ii) Hunters who wish to hunt together must register as a hunting party and be present at the drawing.

iii) All hunters must have the registration card from the check station in their possession while hunting.

iv) Hunting parties can only hunt from the pit location that they chose in that day's drawing. No moving to or hunting from any other pit location is allowed.

v) No more than 6 dozen decoys may be used per pit.

vi) No more than 4 hunters will be allowed in a pit or hunting party.

I) Each hunting party is required to hunt over a minimum of 12 decoys at each blind site, and all decoys must be picked up at the end of each day's hunt.

J) During the last 3 days of Canada goose season, hunting hours shall close at sunset daily.

K) The land and water portion of the Rend Lake Refuge is closed to trespassing during waterfowl season. The location of the Rend Lake Refuge is described as follows:

i) Bounded on the south by a buoy line, approximating the Jefferson-Franklin County Line.

ii) Bounded on the east by a buoy line and/or signs approximating the channel of the Casey Fork Creek.

ILLINOIS REGISTER 9501 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

iii) Bounded on the west by a buoy line and/or signs approximating the channel of the Big Muddy River.

iv) Bounded on the north portion of the Big Muddy River by a buoy line and/or signs approximating a line which would extend west from Ina, Illinois.

v) Bounded on the north portion of the Casey Fork Creek by the Casey Fork Subimpoundment Dam.

vi) Bounded on Nason Point by refuge boundary signs at project limits.

L) After the close of regular duck season, goose hunters may not possess more than 5 shot shells for every Canada and white-front goose allowed in the daily bag limit.

M) Staked Hunting Areas – Those areas designated as a staked hunting area will be publicly announced and the following regulations will apply:

i) All hunting must occur within 10 yards of an assigned, numbered stake except for stakes identified at the check station where hunters may hunt from any place in the field in which the stake is located.

ii) Stakes will be assigned via a daily drawing held at 4:00 a.m. during November, 4:30 a.m. in December and 5:00 a.m. in January.

iii) Check station at the Bonnie Dam Access Area will be operated on a daily basis through the second weekend of the waterfowl season. Thereafter, Bonnie Dam check station will only be open on weekends and holidays as posted at the check station. Cottonwood Access Area will be operated on a daily basis throughout the waterfowl season for both Bonnie Dam and Cottonwood Hunting Areas. Hunters who wish to hunt together at a staked

ILLINOIS REGISTER 9502 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

location must register as a hunting party and be present for the drawing. Only those persons in that party may hunt at the assigned stake. No more than 5 persons shall be in a hunting party.

iv) All hunters must register at the check station. Hunters arriving at the check station after the initial draw will have the opportunity to select any stakes that are still available up to one hour before legal shooting time. Hunters may enter the subimpoundment up to ½ hour before legal shooting time or between 9:00 a.m. and 9:30 a.m.

v) Hunting parties can only hunt from the staked hunting location that they chose in that day's drawing. No moving to or hunting from any other staked hunting location is allowed. Once a staked hunting location is killed out, no other hunting party may hunt from that stake for the remainder of that day.

vi) When hunting parties have killed their legal daily bag limit of ducks (not including coots and mergansers) and/or Canada geese in respect to the legal hunting season dates they must vacate the hunting site.

vii) Hunters must sign in and out and report their harvest on the cards at the access area where they launch.

4042) Saline County State Conservation Area (1) (2)

A) Waterfowl hunting is allowed north of the township road only.

B) Walk-in hunting only.

4143) Sam Dale Lake State Fish and Wildlife Area (1) (2)

44) Sand Ridge State Forest (Sparks Pond Land and Water Reserve) (2)

A) Hunting is permitted on Tuesdays and Saturdays during the duck season.

ILLINOIS REGISTER 9503 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

B) Two hunters are allowed per blind. At least one hunter must have a P2a handicapped certification (see Section 590.40(a)(14)).

C) Hunters must report harvest to site office.

4245) Sanganois State Fish and Wildlife Area

A) Hunters using the main walk-in hunting area from opening day of the Central Zone duck season through the first Sunday of the Central Zone duck season must have a permit issued from the site office. Procedures for issuance of permits will be publicly announced.

B) Hunters using the walk-in area shall use the check station at the headquarters area located 8 miles northwest of Chandlerville just off Route 78 or the check station on the west side of the Illinois River one mile north of Browning near Route 100.

C) Walk-in waterfowl hunting shall be permitted only in the area posted for this purpose.

D) All hunters using a walk-in area must report to the check station to fill out information cards and to turn in hunting licenses or valid photo identification (example: Firearm Owner's Identification Card, driver's license) before proceeding to area.

E) Topper's Hole is a walk-in area accessed by boat only, no check-in, check-out, no permanent blinds, hunting parties must stay at least 200 yards apart, hunting parties shall hunt over no less than 12 decoys, daily hunting hours are legal shooting hours through 1:00 p.m. CST.

F) The Baker tract is a lottery-draw walk-in area with 4 separate hunting compartments. One party of hunters (up to 4 hunters per party) will be permitted to hunt in each hunting compartment. The allocation of the 4 Baker tract hunting compartments will be by drawing the morning of the hunt, 1 hour and 15 minutes prior to legal shooting hours on Tuesday, Thursday and Saturday of the

ILLINOIS REGISTER 9504 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Central Zone waterfowl season, except during firearm deer season, at which time the Baker tract is closed to waterfowl hunting. Parties must register for the draw together on the same card.

G) Upon the completion of hunting, hunters must report to the check station within one hour.

H) Fishing is prohibited in the impoundment areas during the duck season, except that walk-in only access for fishing from the bank is permitted after 1:00 p.m.

I) No person shall trespass on the Barkhausen Refuge during the period from October 1 through end of goose season.

J) No person shall trespass on the Marion-Pickerel Waterfowl Refuge during the period from October 1 through the last day of the waterfowl season, unless prior permission for a specific reason (such as access to private land or to retrieve dead or wounded game) is granted by the site superintendent.

K) When the Central Zone goose season extends beyond the duck season, goose hunting shall be permitted with statewide hunting hours in effect. Hunters need not occupy a blind. All hunting must be conducted within non-refuge areas.

L) No hunting permitted from the walk-in area subimpoundment levee.

M) Hunters may use boats without motors in the walk-in area; the construction and/or use of permanent blinds in the walk-in area is prohibited.

4346) Sangchris Lake State Park

A) During the last 3 days of the regularly scheduled Canada goose season, hunting hours will close at statewide closing.

B) Blind sites shall be allocated by a daily drawing to be conducted 90 minutes prior to hunting time. Blind sites not selected during the

ILLINOIS REGISTER 9505 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

drawing (or in the event that personnel are not available to conduct the drawing) shall be allocated on a first-come, -first-served basis. (During that portion of the Canada goose season thatwhich follows the duck season, the west side goose pit area, the west arm blind sites and east arm blind sites south of power lines shall be available for goose hunting and shall be allocated on a daily drawing basis to be held at 5:30 a.m. daily.)

C) During that portion of the light goose season which follows the regular Canada goose season, the west-side goose pit area blinds, and designated fields west of the west boat ramp shall be available daily on a first-come, -first-served basis. Hunters must sign in at the appropriate parking area no earlier than 5 a.m.

D) All hunting must be from registered blind sites only and hunters must occupy their blinds within one hour after registering at the check station.

E) Upon vacating their blinds, hunters must place their completed harvest cards in the collection boxes located at either the east or west boatdock.

F) There will be a duly posted waterfowl refuge. These areas shall be closed to all boat traffic (except as allowed in subsection (b)(4346)(K)) and boat fishing during the waterfowl season. Bank fishing along the dam shall be permitted.

G) No more than 4 persons shall occupy a blind at one time.

H) The center arm of the lake shall be closed to all waterfowl hunting.

I) Blind sites shall be determined by the Department of Natural Resources and marked with a numbered stake. When it is deemed necessary, the Department of Natural Resources shall remove, move or close blind sites in order to carry out the operations of the overall management program.

J) Hunters wishing to move to another blind location may do so after 10 a.m. providing they include the blind change on the harvest card

ILLINOIS REGISTER 9506 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

and report their kill for each blind.

K) Access to water blind sites shall be by boat only and from designated boat launch sites. Corridors located along the edges of the existing refuge will be established to provide access to all available blind sites as designated by site superintendent when conditions warrant.

L) All hunting must be from one portable blind or one anchored portable boat blind located within a numbered cove and between the assigned numbered stakes or from one Department designated blind or pit.

M) Crippled waterfowl that fall on land, other than areas designated as refuge, shall be retrieved by foot. However, no gun may be carried while attempting to recover such birds.

N) No unauthorized pits or blinds shall be built on State managed land.

O) Blind sites: A position between 2 like numbered stakes within a cove or other Department designated site where a blind may be located.

P) Fishing shall be prohibited in the east and west arms of the lake during the period from 10 days prior to the duck season through the end of the duck season, unless the youth waterfowl hunt is more than 10 days before the regular duck season, then the east and west arms will be closed to accommodate the youth waterfowl hunt. Fishing shall be prohibited in the west arm of the lake and the east arm of the lake south of the power lines during that portion of the Canada goose season that follows the duck season.

Q) Each party must hunt over a minimum of 12 decoys, and all decoys must be removed at the end of each day's hunt.

R) When it is deemed necessary for public safety reasons, such as flooding, high winds, or heavy fog, the Department of Natural Resources will close the lake area to all fishing and all boating

ILLINOIS REGISTER 9507 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

activity except for non-water hunting programs.

S) During flood conditions, waterfowl hunters may hunt the tailwaters of Sangchris Lake dam including Clear Creek and the South Fork of the Sangamon River. Decoys must be removed at the end of each day's hunt.

T) West-side goose pit area blinds will be available every day each week except Tuesday and Wednesday, through the regular Canada goose season, except for the Tuesday and Wednesday preceding the last day of the Canada goose season.

U) Hunters in the west-side goose pit area may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit after the close of the Central Zone duck season.

V) All blinds will be closed during the first day of the second firearm deer season; hunting hours will be from statewide hunting hours until 10:00 a.m. the remaining days of the second firearm deer season.

4447) Shawnee National Forest, Upper and Lower Bluff Lakes Goose hunting is prohibited at Lower Bluff Lake. Legal entry time is 4:30 a.m. and exit time is 2:00 p.m. for all hunters in flooded management compartments.

4548) Shawnee National Forest, LaRue Scatters All hunting must be by walking in or in boats without motors. Legal entry time is 4:30 a.m. and exit time is 2:00 p.m. for all hunters in flooded management compartments.

4649) Shawnee National Forest, Oakwood Bottoms (Green Tree Reservoir west of the Big Muddy levee)

A) All hunting must be by walking into the area.

B) Each hunting party must hunt over a minimum of 12 decoys in Compartments 19, 20 and 21.

ILLINOIS REGISTER 9508 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

C) No person shall tamper with or attempt to manipulate any of the gates, pumps or structures in the subimpoundment area.

D) Legal entry time is 4:30 a.m. and exit time is 2:00 p.m. for all hunters in flooded management compartments.

4750) Shelbyville State Fish and Wildlife Area (2)

A) Waterfowl hunting shall be permitted as described in this subsection (b)(4750) except in duly posted restricted and "No Hunting" areas.

B) Waterfowl hunting in the Fish Hook, North Dunn, McGee, and Jonathan Creek Waterfowl Areas shall be allotted by a daily drawing for the first 2 days of the regular waterfowl season. Parties must register for drawings between 4:003:00 a.m. and 5:004:00 a.m. Central Standard Time at the check station on those days. Each party drawn shall be allowed to choose one of the staked sites in the waterfowl area. Parties must select sites in the order they are drawn. Maximum party size is 4 persons. In addition, the following regulations shall apply.

i) All parties must hunt within 10 yards of their assigned stake.

ii) All parties must be in place by ½ hour before hunting time.

iii) All parties are required to report their harvest by 2:00 p.m. following each hunt.

C) Hunting in the Jonathan Creek, North Dunn and McGee Waterfowl Areas shall be restricted to designated, staked sites on a first- come, -first-served basis except as noted in this subsection (b)(4750)(C). Hunting in the Fish Hook Area shall be restricted to designated, staked sites on a first-come, -first-served basis for the first 14 days of the Illinois Central Zone duck season, except as noted in this subsection (b)(4750)(C). A hunting party must hunt within 10 yards of the stake.

ILLINOIS REGISTER 9509 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

D) Each hunting party in the Fish Hook, Dunn, Jonathan Creek and McGee Waterfowl Areas is required to hunt over a minimum of 12 decoys.

E) Motors of over 10 horsepower shall not be operated in the Fish Hook, Jonathan Creek, Dunn and McGee Waterfowl Areas.

F) Waterfowl hunting only is permitted in the Fish Hook, Dunn, Jonathan Creek and McGee Waterfowl Areas during the regular waterfowl season, except that pheasant, rabbit and quail hunting is permitted after 1:00 p.m. daily beginning the day after the close of the Central Zone Duck Season.

G) During the regular waterfowl season, only licensed waterfowl hunters with valid site waterfowl permits who are in the pursuit of waterfowl are permitted on the Kaskaskia River from the Strickland Boat Access north to the Illinois Central Railroad bridge from ½ hour before sunrise until 1:00 p.m.

4851) Sielbeck Forest State Natural Area (1) (2)

4952) Stephen A. Forbes State Recreation Area

A) On the main lake hunting is allowed from a boat blind only in the designated areas.

B) Only walk-in hunting is allowed in the subimpoundment.

C) Hunting shall be allowed on a first-come, first-served basis. All hunters must use 12 decoys, minimum.

D) Hunters must sign in and out and report harvest.

5053) Ten Mile Creek State Fish and Wildlife Area (1) (2)

A) Each hunting party is required to hunt over a minimum of 12 decoys at each blind site, and all decoys must be picked up at the end of each day's hunt.

ILLINOIS REGISTER 9510 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

B) Areas designated as Rest Areas are closed to all access during the Canada Goose Season only.

5154) Turkey Bluffs State Fish and Wildlife Area (1) All hunters must sign in and out and report kill.

5255) Union County State Fish and Wildlife Area (Firing Line Waterfowl Management Area)

A) Blind and stake sites shall be allocated on a daily draw basis at the site shop building 60 minutes prior to hunting time. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select a blind or stake site in order drawn; only those hunters registered in a party shall be allowed to hunt with their party; no less than 2 hunters and no more than 4 hunters per party; persons under the age of 16 shall not be allowed to hunt unless accompanied by an adult.

B) Blinds and stakes not allocated during the drawing will not be hunted that day. Moving from locationblind to locationblind is not allowed.

C) Access to huntingblind sites is from the hunter parking lot located south of the blind areaClear Creek Levee only.

D) Each hunting party must hunt over a minimum of 12 decoys. Decoys must be picked up immediately after the hunt is over.

E) Hunting hours end at 1:00 p.m. and all hunters must be out of the area by 1:002:00 p.m. Daily entry into the area is restricted until after the drawing for hunting sites.

F) Area closed to hunting on Mondays, Tuesdays and December 24- 28. The site shall be open only for the Illinois Youth Waterfowl Hunt on December 28, pursuant to 17 Ill. Adm. Code 685.110.

G) When duck season is closed, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit.

ILLINOIS REGISTER 9511 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

5356) Weinberg-King State Park – Spunky Bottoms Unit (1) (2)

5457) Wise Ridge State Natural Area (1)

(Source: Amended at 43 Ill. Reg. 9464, effective August 23, 2019)

Section 590.80 Early and Late Goose (All Speciesall species) Hunting Regulations on Department Sites

a) During goose hunting seasons that begin before or extend beyond the regular duck season, statewide regulations and site specific regulations for goose hunting, as indicated in Sections 590.40, 590.50 and 590.60, shall apply to all sites (except those closed in subsections (c), (d), (e) and (f)) with the following exceptions:

1) Check in and check out (or sign in and out) is required only at sites with an asterisk (*). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (2).

2) No fees will be charged for hunting for seasons before duck season or for seasons after the regular Canada goose season.

3) No sites are closed to fishing during seasons before the regular duck season or for seasons after the regular Canada goose season.

4) Hunting from a completed blind or staked site is waived during seasons held before the regular duck season or for seasons held after the regular Canada goose season at sites marked with an @.

5) Hunting from a staked site (blind need not be completed) is required during seasons held before the regular duck season at sites marked with a #.

6) During goose seasons held prior to regular duck season, no hunting is allowed in designated dove management fields or within 100 yards of such fields.

7) During goose seasons held after the Canada goose season all restrictions regarding the use of decoys or the number of shotgun shells that hunters can possess are no longer in force.

ILLINOIS REGISTER 9512 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

8) During goose seasons held after Canada goose season, statewide hunting hours apply. b) The following sites will be open to all goose hunting seasons:

Cache River State Natural Area *

Carlyle Lake Project Lands and Waters, including North Allen Branch Waterfowl Management Area *

Chain O'Lakes State Park #

Chauncey Marsh State Natural Area (permit required, available at Red Hills State Park) (2)

Clinton Lake State Recreational Area – early season goose hunting in waterfowl hunting areas east of Parnell Bridge and North of Route 54 only. Any goose hunting seasons after the regular Canada goose seasons will close March 15. (2)

Des Plaines State Conservation Area (2) #

Devil's Island State Fish and Wildlife Area

Dog Island State Wildlife Management Area (2) *

Embarras River Bottoms State Habitat Area (2)

Fort de Chartres State Historic Site

Horseshoe Lake State Park (Madison County) (blind builders or partners must occupy their blinds by 1 hour before opening hunting hour each day in order to claim their blind for the day; attempts to claim blinds by any manner other than actual occupation shall be considered in violation of this Part and shall be cause for arrest; the insertion of a boat into the boat hide and/or the spreading of decoys before a blind shall not be considered legal occupation of a blind) # *

Kaskaskia River State Fish and Wildlife Area (Baldwin Lake Waterfowl Rest Area is closed to hunting) *

ILLINOIS REGISTER 9513 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Kinkaid Lake State Fish and Wildlife Area

Marshall State Fish and Wildlife Area – Sparland and Duck Ranch Units @ (2)

Marshall State Fish and Wildlife Area – Spring Branch and Marshall Units (hunters must report their harvest via the online windshield card system during early Canada goose and regular Canada goose season after duck hunting is closed) * @

Meredosia Lake State Fish and Wildlife Area

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26) (no hunting is allowed in the designated Batchtown Waterfowl Rest Area, Crull Hollow Rest Area and Godar Rest Area; blind builders or partners must occupy their blinds by ½ hour before opening hunting hour each day in order to claim their blind for the day; attempts to claim blinds by any manner other than actual occupation shall be considered in violation of this Part and shall be cause for arrest; the insertion of a boat into the boat hide and/or the spreading of decoys before a blind shall not be considered legal occupation of a blind) @

Mississippi River Pools 16, 17, and 18 @

Mississippi River Pools 21, 22, and 24 @

Oakford State Conservation Area (2)

Ray Norbut State Fish and Wildlife Area * (2)

Rend Lake Project Lands and Waters (waterfowl hunters must maintain a distance of 200 yards between hunting parties) @

Saline County State Conservation Area * (2)

Sanganois State Fish and Wildlife Area * @

Shawnee Forest, LaRue Scatters

Shawnee Forest, Oakwood Bottoms

ILLINOIS REGISTER 9514 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Shawnee Forest, Upper Bluff Lake

Shelbyville State Fish and Wildlife Area (2)

Ten Mile Creek State Fish and Wildlife Area (rest areas open to hunting during goose season before and after the regular goose season) (2)

Turkey Bluffs State Fish and Wildlife Area *

Weinberg-King State Park – Spunky Bottoms Unit *

Woodford State Fish and Wildlife Area * @ (2) c) The following sites will be open to any goose hunting seasons that occur before the regular duck season through the end of the regular Canada goose season:

Anderson Lake State Fish and Wildlife Area (closed after regular duck season) * @

Coffeen Lake State Fish and Wildlife Area (hunting north of County Road N6th only; no fishing north of County Road N6th during this season) * #

Lake Shelbyville − West Okaw and Kaskaskia State Fish and Wildlife Area (must have site specific permit)

Rice Lake State Fish and Wildlife Area (season opens with teal season; sunrise until 1:00 p.m.; closed after regular duck season) * @

Siloam Springs State Park (open prior to regular duck season only; permit issued through on-site drawing) * #

Starved Rock State Park # d) The following sites will be open to all goose hunting during any Canada goose hunting seasons that occur after the regular duck season:

Banner Marsh State Fish and Wildlife Area * @

ILLINOIS REGISTER 9515 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Braidwood State Fish and Wildlife Area (when duck season is closed, goose hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit) *

Double T State Fish and Wildlife Area (hunters must check in and out at the self-check box on the site; hunting from stakes or pits only; 4 persons per stake; hunters cannot check in before 5:00 a.m. the day of the hunt; stakes or pots allocated on a first come-first served basis) *

Freeman Mine State Habitat Area *

Heidecke State Fish and Wildlife Area *

Jim Edgar Panther Creek State Fish and Wildlife Area (Open Unit, West Open Unit, and Quail Management Unit only)

Kankakee River State Park (2)

Lake DePue State Fish and Wildlife Area *

Lake Sinnissippi State Fish and Wildlife Area

Mermet Lake State Fish and Wildlife Area * @

Newton Lake State Fish and Wildlife Area (2) *

Pekin Lake State Fish and Wildlife Area

Spring Lake State Fish and Wildlife Area (hunting from registered blinds or within 10 yards of staked blind sites is permitted after the close of the duck season) *

William W. Powers State Conservation Area e) The following sites will be open to any goose hunting seasons that occur after the regular Canada goose hunting season:

Double T State Fish and Wildlife Area (from pits or staked blind sites only) *

ILLINOIS REGISTER 9516 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Freeman Mine State Habitat Area *

Horseshoe Lake State Conservation Area (controlled hunting and public hunting areas) * @

Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Units (site permit and harvest report required)

Jim Edgar Panther Creek State Fish and Wildlife Area (Open Unit, West Open Unit, Quail Management Unit only)

Peabody River King State Fish and Wildlife Area (East Subunit only; no hunting on or adjacent to lakes or within 200 yards of roads, developed recreation areas, public use facilities and construction or industrial sites; hunting is on a first- come, -first-served basis; no entry before 4:30 a.m.; waterfowl hunters must maintain a distance of 200 yards between hunting parties; no permanent blinds allowed; all blinds must be of a portable nature and/or constructed with natural vegetation at the blind site; no pits can be dug; all materials must be removed or dismantled at the end of the day's hunt; all waterfowl hunting parties must use at least 12 decoys that must be attended at all times and must be picked up at the end of each day's hunt) *

Pyramid State Park – Captain Unit (no hunting in Captain Unit Waterfowl Rest Area) @ (2)

Pyramid State Park – Denmark Unit (no hunting in Denmark Unit Waterfowl Rest Area) @ (2)

Pyramid State Park – East Conant Unit (2)

Pyramid State Park – Galum Unit @ (2)

Sangchris Lake State Park *

Stephen A. Forbes State Recreation Area *

Snakeden Hollow State Fish and Wildlife Area (from pits only) *

Union County State Fish and Wildlife Area (Firing Line and Controlled Hunting

ILLINOIS REGISTER 9517 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Area) * @ f) The following sites will be closed to all goose hunting seasons that occur outside the regular duck season dates:

Donnelley State Fish and Wildlife Area

Kidd Lake State Natural Area (units west of the railroad tracks only)

Mazonia State Fish and Wildlife Area *

Powerton Lake State Fish and Wildlife Area

Redwing Slough/Deer Lake State Natural Area g) Violation of this Section is a petty offense (see 520 ILCS 5/2.20).

(Source: Amended at 43 Ill. Reg. 9464, effective August 23, 2019)

ILLINOIS REGISTER 9518 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: White-Tailed Deer Hunting By Use of Firearms

2) Code Citation: 17 Ill. Adm. Code 650

3) Section Numbers: Adopted Actions: 650.22 Amendment 650.67 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26, 2.33 and 3.36 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26, 2.33 and 3.36].

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5481; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

ILLINOIS REGISTER 9519 19 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 9520 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 650 WHITE-TAILED DEER HUNTING BY USE OF FIREARMS

Section 650.10 Statewide Season and Permit Quotas 650.20 Statewide Deer Permit Requirements 650.21 Deer Permit Requirements – Landowner/Tenant Permits 650.22 Deer Permit Requirements – Special Hunts 650.23 Deer Permit Requirements – Group Hunt 650.30 Statewide Requirements for Hunting Devices 650.40 Statewide Deer Hunting Rules 650.45 Reporting Harvest 650.50 Rejection of Application/Revocation of Permits 650.60 Regulations at Various Department-Owned or -Managed Sites 650.65 Youth Hunt (Repealed) 650.66 Special Hunts for Young Hunters 650.67 Special Hunts for Disabled Hunters 650.70 Special Extended Season Firearm Deer Hunt (Repealed)

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26, 2.33 and 3.36 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 5 Ill. Reg. 9771, effective September 17, 1981; codified at 5 Ill. Reg. 10640; amended at 6 Ill. Reg. 10730, effective August 20, 1982; amended at 7 Ill. Reg. 10798, effective August 24, 1983; amended at 8 Ill. Reg. 21602, effective October 23, 1984; amended at 9 Ill. Reg. 16213, effective October 10, 1985; emergency amendment at 9 Ill. Reg. 20922, effective December 18, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 4223, effective February 25, 1986; amended at 10 Ill. Reg. 16665, effective September 22, 1986; amended at 11 Ill. Reg. 3044, effective February 3, 1987; amended at 11 Ill. Reg. 9564, effective May 5, 1987; amended at 12 Ill. Reg. 8003, effective April 25, 1988; amended at 12 Ill. Reg. 12055, effective July 11, 1988; amended at 13 Ill. Reg. 12853, effective July 21, 1989; amended at 14 Ill. Reg. 12430, effective July 20, 1990; amended at 14 Ill. Reg. 19869, effective December 3, 1990; amended at 15 Ill. Reg. 10038, effective June 24, 1991; emergency amendment at 15 Ill. Reg. 15790, effective October 22, 1991, for a maximum of 150 days; emergency expired March 21, 1992; amended at 16 Ill. Reg. 11131, effective June 30, 1992; amended at 17 Ill. Reg. 13468,

ILLINOIS REGISTER 9521 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS effective July 30, 1993; amended at 18 Ill. Reg. 5859, effective April 5, 1994; amended at 18 Ill. Reg. 13431, effective August 23, 1994; amended at 19 Ill. Reg. 6477, effective April 28, 1995; amended at 20 Ill. Reg. 7515, effective May 20, 1996; amended at 21 Ill. Reg. 5572, effective April 19, 1997; amended at 21 Ill. Reg. 9116, effective June 26, 1997; amended at 22 Ill. Reg. 8007, effective April 28, 1998; amended at 23 Ill. Reg. 5564, effective April 26, 1999; amended at 24 Ill. Reg. 8971, effective June 19, 2000; amended at 24 Ill. Reg. 10260, effective July 1, 2000; amended at 25 Ill. Reg. 7231, effective May 22, 2001; amended at 26 Ill. Reg. 9319, effective June 17, 2002; amended at 27 Ill. Reg. 10009, effective June 23, 2003; emergency amendment at 27 Ill. Reg. 17270, effective November 10, 2003, for a maximum of 150 days; Section 650.60 of the emergency rules expired April 8, 2004; amended at 28 Ill. Reg. 353, effective December 19, 2003; amended at 28 Ill. Reg. 8039, effective May 26, 2004; amended at 29 Ill. Reg. 9718, effective June 24, 2005; emergency amendment at 29 Ill. Reg. 13025, effective August 10, 2005, for a maximum of 150 days; emergency expired January 1, 2006; amended at 30 Ill. Reg. 12155, effective June 28, 2006; amended at 31 Ill. Reg. 8169, effective May 25, 2007; amended at 32 Ill. Reg. 9300, effective June 13, 2008; amended at 33 Ill. Reg. 11534, effective July 27, 2009; amended at 34 Ill. Reg. 4800, effective March 19, 2010; amended at 35 Ill. Reg. 10710, effective June 23, 2011; amended at 36 Ill. Reg. 13419, effective August 10, 2012; amended at 37 Ill. Reg. 14888, effective August 30, 2013; amended at 38 Ill. Reg. 22742, effective November 18, 2014; amended at 39 Ill. Reg. 7643, effective May 18, 2015; amended at 40 Ill. Reg. 10545, effective July 20, 2016; amended at 41 Ill. Reg. 8639, effective June 28, 2017; amended at 41 Ill. Reg. 15784, effective December 18, 2017; amended at 42 Ill. Reg. 13114, effective June 22, 2018; amended at 43 Ill. Reg. 9518, effective August 23, 2019.

Section 650.22 Deer Permit Requirements – Special Hunts

a) Special hunt sites are defined as those sites thatwhich are owned or controlled by agencies/entities other than the Department, or sites at which the Department only controls a portion of the property designated for deer hunting, thatwhich issue deer hunting permits through the statewide lottery process. The Permit Office issues deer hunting permits through a computerized drawing for the following sites, in addition to the Department-owned or -managed sites listed in Section 650.60(i). The permit preference system does not apply to special hunt areas or to State sites allocating permits in the lottery.

Crab Orchard National Wildlife Refuge (the first and second season are considered separate hunt choices, and permit applicants must specify which season they are applying for in the County Choice or Hunt Area field of the application; permitsPermits may be issued as antlerless-only without the normal bonus requirement; standbyStandby hunting will be allowed if additional permits

ILLINOIS REGISTER 9522 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS are available at the site)

Crab Orchard National Wildlife Refuge – Disabled Hunt (first season only)

Joliet Army Training Area (Will County)

Lake Shelbyville Project Lands – Disabled Hunt (first season only; permit drawing will be conducted by Corps of Engineers' staff with permits mailed to successful applicants by the Department; contact Corps of Engineers, Lake Shelbyville office for application procedures/dates; additional permits will be available for purchase at the site for any unfilled positions)

Lake Shelbyville Project Lands (Moultrie County) (it is unlawful to drive deer; for Corps of Engineers managed lands not managed by IDNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy)

Lake Shelbyville Project Lands except Wolf Creek State Park (Shelby County) (it is unlawful to drive deer; for Corps of Engineers managed lands not managed by IDNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy)

Lost Mound Unit – Upper Mississippi River National Wildlife and Fish Refuge, including Stewardship Park and Eagles Landing (DNR owned) (Saturday and Sunday of the first firearm deer season only; hunters must attend a preseason orientation meeting to be eligible to hunt)

Lost Mound Unit – Upper Mississippi River National Wildlife and Fish Refuge, including Stewardship Park and Eagles Landing (DNR owned) – Disabled Hunt (Friday, Saturday and Sunday prior to the first statewide firearm deer season only; permit drawing will be conducted by USFWS; preference given to disabled hunters; either-sex permits; bonus antlerless-only permits and one-day standby permits will be sold at site)

Midewin National Tallgrass Prairie (no handguns allowed; additional site pass is required; check-in, check-out and reporting of harvest is required)

Rend Lake Project Lands – Disabled Hunt (first season only; permit drawing will be conducted by Corps of Engineers staff with permits mailed to successful applicants by the Department; contact Corps of Engineers, Rend Lake Office for

ILLINOIS REGISTER 9523 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

application procedures/dates; additional permits will be available for purchase at the site for any unfilled positions)

b) Providing false information on an application is a Class A misdemeanor (see 520 ILCS 5/2.38). Hunting deer prior to ½ hour before sunrise or after ½ hour after sunset is a Class A misdemeanor with a $500 minimum and $5,000 maximum fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)). Taking an antlered deer with an antlerless permit is a Class B misdemeanor (see 520 ILCS 5/2.24). Hunting after sunset or outside the set season is a Class B misdemeanor (see 520 ILCS 5/2.24).

(Source: Amended at 43 Ill. Reg. 9518, effective August 23, 2019)

Section 650.67 Special Hunts for Disabled Hunters

a) Statewide regulations apply; season dates are the Thursday, Friday, and Saturday immediately prior to the first firearm deer season, and the Thursday, Friday, and Saturday immediately following the second weekend of the regular firearm season unless otherwise noted in parentheses. Permit applications may be obtained from the appropriate site office, and completed applications must be returned to that office by the third Friday in October unless otherwise noted in parentheses. Disabled hunters must possess a Class P2A disability card in order to be eligible for the drawing. All participating hunters must show proof of passing the Illinois Hunter Safety Course or an equivalent State program for nonresidents unless otherwise noted in parentheses. Additional regulations will be publicly announced.

Clinton Lake State Recreation Area (completed applications must be returned by the first Friday in October) (2)

Horseshoe Lake State Conservation Area (first Saturday and Sunday of November; participants other than disabled hunters must take an antlerless deer before taking an antlered deer) (1) (2) (5)

Johnson-Sauk Trail State Park (first Thursday and Friday occurring after November 1) (2)

Jubilee College State Park (coincides with first firearm deer season; hunter safety course not required) (2) (5)

ILLINOIS REGISTER 9524 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Jubilee College State Park (coincides with second firearm deer season; hunter safety course not required) (2) (5)

Rock Cut State Park (Thursday, Friday and Saturday prior to the first statewide firearm deer season) (2) (5)

Spoon River State Forest (first Saturday and Sunday in October following the completion of youth firearm deer season) (2)

Starved Rock State Park (coincides with first firearm deer season; permit applications may be obtained from the site office and completed applications must be returned to that office by the third Friday in October; all initial permits will be issued as antlerless only; hunters must take an antlerless deer during the current year firearm season on site before they can purchase an either-sex site-specific permit; hunters must check antlerless deer with site staff for verification to participate in bonus buck program; hunter safety course not required) (2) (5)

Starved Rock State Park (coincides with second firearm deer season; permit applications may be obtained from the site office and completed applications must be returned to that office by the third Friday in October; all initial permits will be issued as antlerless only; hunters must take an antlerless deer during the current year firearm season on site before they can purchase an either-sex site-specific permit; hunters must check antlerless deer with site staff for verification to participate in bonus buck program; hunter safety course not required) (2) (5)

Wayne Fitzgerrell State Park (the first Friday, Saturday and Sunday in November; permit applications may be obtained from the site office and completed applications must be returned to that office by October 1; all initial permits will be issued as antlerless only; hunters must harvest an antlerless deer onsite before they can purchase an either-sex site-specific permit; hunters must check antlerless deer with site staff for verification to get the either-sex permit) (2) (5)

Wolf Creek State Park (coincides with the first firearm season; permit applications may be obtained from the park office or the U.S. Army Corps of Engineers, Lake Shelbyville Project Office, 1989 State Hwy. 16, Shelbyville IL 62565; applications must be submitted by March 30, prior to hunt) (2) b) Violation of this Section is a Class B misdemeanor (see 520 ILCS 5/2.24).

ILLINOIS REGISTER 9525 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

(Source: Amended at 43 Ill. Reg. 9518, effective August 23, 2019)

ILLINOIS REGISTER 9526 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: White-Tailed Deer Hunting By Use of Muzzleloading Rifles

2) Code Citation: 17 Ill. Adm. Code 660

3) Section Number: Adopted Action: 660.60 Amendment

5) Effective Date of Rule: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rule, including all material incorporated by reference is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5489; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

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

ILLINOIS REGISTER 9527 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

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

ILLINOIS REGISTER 9528 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 660 WHITE-TAILED DEER HUNTING BY USE OF MUZZLELOADING RIFLES

Section 660.10 Statewide Season and Permit Quotas 660.20 Statewide Deer Permit Requirements 660.21 Deer Permit Requirements − Landowner/Tenant Permits 660.22 Deer Permit Requirements – Special Hunts 660.25 Deer Permit Requirements – Group Hunt 660.30 Statewide Muzzleloading Rifle Requirements 660.40 Statewide Deer Hunting Rules 660.45 Reporting Harvest 660.50 Rejection of Application/Revocation of Permits 660.60 Regulations at Various Department-Owned or -Managed Sites

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.20, 2.24, 2.25, 2.26, 2.33 and 3.36 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 15 Ill. Reg. 4777, effective March 18, 1991; amended at 15 Ill. Reg. 11627, effective August 2, 1991; amended at 16 Ill. Reg. 11150, effective June 30, 1992; amended at 17 Ill. Reg. 10865, effective July 1, 1993; amended at 18 Ill. Reg. 5878, effective April 5, 1994; amended at 18 Ill. Reg. 13435, effective August 23, 1994; amended at 19 Ill. Reg. 6500, effective April 28, 1995; amended at 20 Ill. Reg. 6734, effective May 6, 1996; amended at 21 Ill. Reg. 5583, effective April 19, 1997; amended at 21 Ill. Reg. 9122, effective June 26, 1997; amended at 22 Ill. Reg. 8026, effective April 28, 1998; amended at 23 Ill. Reg. 5579, effective April 26, 1999; amended at 24 Ill. Reg. 10251, effective July 1, 2000; amended at 25 Ill. Reg. 6367, effective April 27, 2001; amended at 26 Ill. Reg. 9340, effective June 17, 2002; amended at 27 Ill. Reg. 10018, effective June 23, 2003; amended at 28 Ill. Reg. 8056, effective May 26, 2004; amended at 29 Ill. Reg. 9744, effective June 24, 2005; emergency amendment at 29 Ill. Reg. 13032, effective August 10, 2005, for a maximum of 150 days; emergency expired January 6, 2006; amended at 30 Ill. Reg. 12181, effective June 28, 2006; amended at 31 Ill. Reg. 8188, effective May 25, 2007; amended at 32 Ill. Reg. 9325, effective June 13, 2008; amended at 33 Ill. Reg. 11555, effective July 27, 2009; amended at 34 Ill. Reg. 4824, effective March 19, 2010; amended at 35 Ill. Reg. 10728, effective June 23, 2011; amended at 36 Ill. Reg. 13436,

ILLINOIS REGISTER 9529 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT effective August 10, 2012; amended at 37 Ill. Reg. 14913, effective August 30, 2013; amended at 38 Ill. Reg. 22748, effective November 18, 2014; amended at 39 Ill. Reg. 7666, effective May 18, 2015; amended at 40 Ill. Reg. 10564, effective July 20, 2016; amended at 41 Ill. Reg. 8664, effective June 28, 2017; amended at 42 Ill. Reg. 13134, effective June 22, 2018; amended at 43 Ill. Reg. 9526, effective August 23, 2019.

Section 660.60 Regulations at Various Department-Owned or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping apply in this Section, unless this Section is more restrictive.

b) Only one tree stand or ground blind is allowed per deer permit holder. Tree stands and ground blinds must comply with restrictions listed in 17 Ill. Adm. Code 510(c)(3) and (c)(12), and must be portable. Tree stands and ground blinds must be removed at the end of each day with the exception that they may be left unattended from September 15-January 31 at those sites listed in this Section that are followed by a (1). Any tree stand or ground blind left unattended overnight must be legibly marked with the owner's name, address, and telephone number, or site assigned identification number.

c) It is unlawful to drive deer or participate in a deer drive on all Department-owned or -managed properties. A deer drive is defined as a deliberate action by one or more persons (whether armed or unarmed) whose intent is to cause deer to move within firearm range of one or more participating hunters.

d) Check-in, check-out and reporting of harvest is required at those sites listed in this Section that are followed by a (2). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by a (7).

e) Handicapped preferred hunting opportunities are provided at those sites listed in this Section that are followed by a (3).

f) Only antlerless deer or antlered deer having at least four points on one side may be harvested at those sites listed in this Section that are followed by a (4).

g) Only antlerless deer or antlered deer having at least five points on one side may be harvested at those sites listed in this Section that are followed by a (5).

h) Statewide regulations shall apply at the following sites:

ILLINOIS REGISTER 9530 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Alvah Borah State Habitat Area (1) (7)

Big Grand Pierre Glade State Natural Area (1)

Cache River State Natural Area (1) (2)

Campbell Pond State Fish and Wildlife Area (1) (7)

Cape Bend State Fish and Wildlife Area (1) (2)

Carlyle Lake State Fish and Wildlife Area except subimpoundment areas (7)

Carlyle Lake Lands and Waters – Corps of Engineers managed lands (closed to firearm deer hunting in the Jim Hawn and East Spillway Areas)

Chauncey Marsh State Natural Area (1) (7)

Collier Limestone Glade State Natural Area (1)

Copperhead Hollow State Wildlife Area (1) (7)

Crawford County State Fish and Wildlife Area (1) (7)

Cretaceous Hills State Natural Area (1) (7)

Cypress Creek National Wildlife Refuge

Cypress Pond State Natural Area (1) (2)

Deer Pond State Natural Area (1) (2)

Devil's Island State Wildlife Management Area

Dog Island State Wildlife Management Area (1) (7)

Ferne Clyffe State Park (1) (2)

Fort de Chartres State Historic Site (no in-line muzzleloading rifles or

ILLINOIS REGISTER 9531 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT muzzleloaders with scopes allowed) (1) (2)

George S. Park Memorial Woods State Natural Area (2)

Giant City State Park (1) (2)

Hamilton County State Fish and Wildlife Area (1) (7)

Horseshoe Lake Fish and Wildlife Area – Alexander County (all portions of the Public Hunting Area except the Controlled Goose Hunting Area) (1) (2)

Kaskaskia River State Fish and Wildlife Area (1) (2, except south of Highway 154 and north of Highway 13) (Doza Creek Waterfowl Management Area is closed during duck season)

Kickapoo State Recreation Area (closed during second firearm deer season) (1) (7)

Kinkaid Lake State Fish and Wildlife Area (1) (2)

Lusk Creek Canyon State Natural Area (1)

Marshall State Fish and Wildlife Area (1) (7)

Meeker State Habitat Area (1) (7)

Mermet Lake State Conservation Area (1) (7)

Middle Fork State Fish and Wildlife Area (closed during second firearm deer season) (1) (7)

Miller-Anderson Woods State Natural Area (Bureau County permit holders may hunt the Bureau County portion of the area and Putnam County permit holders may hunt the Putnam County portion of the area) (2)

Mississippi River Pool 16 (1)

Mississippi River Pool 17 (1)

ILLINOIS REGISTER 9532 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Mississippi River Pool 18 (1)

Mississippi River Pools 21, 22, 24 (1)

Mississippi State Fish and Waterfowl Management Area – Pools 25 and 26 (Batchtown, Crull Hollow and Godar Waterfowl Rest Areas are closed to hunting beginning 14 days before the regular duck season; areas reopen to hunting the day after duck season closes; it is unlawful to trespass upon the designated duck hunting areas between sunset of the Sunday immediately preceding opening day of regular duck season through the day before regular duck season as posted at the site; no deer hunting is allowed within 200 yards of an occupied duck blind; during duck season only, deer hunters may not access the designated duck hunting areas by launching a boat at certain specifically posted boat ramps; boat ramps reopen to deer hunters the day after duck season closes; hunting is allowed at Red's Landing and Riprap Landing walk-in areas from 12:00 p.m. to ½ hour after sunset during duck season, statewide hours during remainder of the season) (1)

Oakford State Conservation Area

Pere Marquette State Park (hunting in designated area only) (1) (7)

Pyramid State Park (4) (7)

Pyramid State Park − East Conant Unit (4) (7)

Ray Norbut State Fish and Wildlife Area (closed during second firearm deer season) (7)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (closed during second firearm deer season) (7)

Rend Lake State Fish and Wildlife Area Corps of Engineers' managed areas of Rend Lake

Saline County State Fish and Wildlife Area (1) (7)

Sand Ridge State Forest (closed during second firearm deer season) (7)

Sielbeck Forest State Natural Area (1) (7)

ILLINOIS REGISTER 9533 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Skinner Farm State Habitat Area (1) (7)

Ten Mile Creek State Fish and Wildlife Area (areas designated as Waterfowl Rest Areas are closed to all access during the Canada Goose Season only) (1) (7)

Trail of Tears State Forest (1) (2)

Turkey Bluffs State Fish and Wildlife Area (1) (2)

Union County State Fish and Wildlife Area (Firing Line Unit only) (1) (2)

Weinberg-King State Park (7)

Weinberg-King State Park − Scripps Unit (7)

Weinberg-King State Park – Spunky Bottoms Unit (7)

Wildcat Hollow State Forest (1) (7)

Wise Ridge State Natural Area (1) i) Statewide regulations shall apply at the following sites by special permit allocated through the regular statewide drawing. Season dates that differ from the statewide dates are in parentheses. Sites that offer standby hunting are followed by a (6). At sites offering standby hunting, permit holders must register at the check station by 5:00 a.m. each day of the hunt. Unvalidated permits are void after 5:00 a.m. Vacancies each day will be filled by a drawing held at 5:00 a.m. Vacancies may be filled by any person holding a valid hunting license, Habitat Stamp, and Firearm Owner Identification Card, if required. Standby hunters will be issued a one-day site-specific deer permit at the check station, and charged a permit fee of $5. All hunters must check out and report harvest. In the event that Department budget reductions or site staffing reductions make the operation of check stations or issuance of standby permits impractical, changes to check station procedures and standby permit issuance will be publicly announced and posted at the site.

Apple River Canyon State Park – Thompson and Salem Units (closed during the second firearm deer season) (7)

ILLINOIS REGISTER 9534 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Burning Star State Fish and Wildlife Area (7)

Butterfield Trail State Recreation Area (closed during the second firearm deer season) (7)

Carlyle State Fish and Wildlife Area – East Fork Unit in Clinton County

Castle Rock State Park (closed during second firearm season) (6) (7)

Cedar Glen State Natural Area (closed during the second firearm deer season) (1) (7)

Clinton Lake State Recreation Area (North Fork Management Unit, north of the county road at the North Fork boat ramp) (7)

Embarras River Bottoms State Habitat Area (closed during the second firearm deer season) (1) (7)

Fort Massac State Park (closed during second firearm deer season) (7)

French Bluff State Natural Area (closed during the second firearm deer season) (1) (7)

Goose Lake Prairie State Natural Area/Heidecke Lake State Fish and Wildlife Area (closed during the second firearm deer season) (2) (6)

Hanover Bluff State Natural Area (closed during the second firearm deer season) (7)

Harry "Babe" Woodyard State Natural Area (closed during second firearm deer season) (1) (7)

Hidden Springs State Forest (closed during second firearm deer season) (1) (7)

Horseshoe Lake State Park – Madison County (closed during second firearm deer season; antlerless only) (1)

ILLINOIS REGISTER 9535 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Jim Edgar Panther Creek State Fish and Wildlife Area – Open Unit (closed during second firearm deer season) (1) (4) (7)

Jubilee College State Park (closed during the second firearm deer season; hunting is prohibited in marked zones) (1, except tree stands must be erected the day before the muzzleloading season and must be removed by the day after the muzzleloading season) (2) (6)

Kickapoo State Recreation Area (closed during the second firearm deer season) (1) (7)

Lake Shelbyville Project Lands in Moultrie County (closed during the second firearm deer season; antlerless only; for Corps of Engineers managed lands not managed by IDNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy) (1)

Lake Shelbyville Project Lands in Shelby County (closed during the second firearm deer season; antlerless only; for Corps of Engineers managed lands not managed by IDNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy) (1)

Lake Shelbyville State Fish and Wildlife Area (closed during the second firearm deer season; antlerless-only; must have valid permit for Lake Shelbyville Project Lands – Moultrie County) (7)

Marseilles State Fish and Wildlife Area (closed during second firearm deer season) (all tree stands must be removed from this area no later than sunset of the last day of archery deer season; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may enter the site only from designated parking lots) (1) (2) (6)

Middle Fork State Fish and Wildlife Area (closed during second firearm deer season) (1) (7)

Prairie Ridge State Natural Area (closed during second firearm deer season) (7)

Rall Woods State Natural Area (closed during the second firearm deer season) (7)

ILLINOIS REGISTER 9536 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Sangchris Lake State Park (open to muzzleloading rifle hunting during the second firearm deer season only; antlerless deer only; hunting will begin the first day at legal shooting time and at 10:30 a.m. on all other days of the season) (1) (2)

Sangamon County State Conservation Area (closed during second firearm deer season) (1)

Sanganois State Fish and Wildlife Area (Ash Swale Waterfowl Rest Area will be closed to deer hunting during the waterfowl hunting seasons) (1) (7)

Siloam Springs State Park (closed during second firearm deer season) (4) (7)

Spoon River State Forest (closed during second firearm deer season) (1) (7)

Starved Rock State Park (closed during the second firearm deer season; permit includes Starved Rock State Park, Matthiessen State Park, Margery C. Carlson State Natural Area, Mitchell's Grove State Natural Area and Sandy Ford State Natural Area; hunt is open in Zone A; all initial permits will be issued as antlerless only; hunters must take an antlerless deer on the site during the current year firearm or muzzleloader season before they will be issued an either-sex standby permit; hunters must check antlerless deer with site staff for verification to participate in the bonus buck program; standby hunters may purchase up to 2 one-day site-specific antlerless-only permits each day) (2) (6)

Tapley Woods State Natural Area (closed during the second firearm deer season) (7)

Wards Grove State Nature Preserve (closed during the second firearm deer season; antlerless deer only) (7)

Winston Tunnel State Natural Area (closed during the second firearm deer season) (7)

Witkowsky State Wildlife Area (closed during the second firearm deer season) (7) j) Violations of site specific regulations are petty offenses (see 520 ILCS 5/2.20).

(Source: Amended at 43 Ill. Reg. 9526, effective August 23, 2019)

ILLINOIS REGISTER 9537 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: White-Tailed Deer Hunting By Use of Bow and Arrow

2) Code Citation: 17 Ill. Adm. Code 670

3) Section Numbers: Adopted Actions: 670.20 Amendment 670.60 Amendment

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5500; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

ILLINOIS REGISTER 9538 19 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 9539 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 670 WHITE-TAILED DEER HUNTING BY USE OF BOW AND ARROW

Section 670.10 Statewide Open Seasons and Counties 670.20 Statewide Deer Permit Requirements 670.21 Deer Permit Requirements – Landowner/Tenant Permits 670.30 Statewide Legal Bow and Arrow 670.40 Statewide Deer Hunting Rules 670.50 Rejection of Application/Revocation of Permits 670.55 Reporting Harvest 670.60 Regulations at Various Department-Owned or -Managed Sites

AUTHORITY: Implementing and authorized by Sections 1.2, 1.3, 1.4, 2.1, 2.2, 2.5, 2.20, 2.24, 2.25, 2.26, 2.33, 3.5 and 3.36 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 5 Ill. Reg. 8888, effective August 25, 1981; codified at 5 Ill. Reg. 10641; emergency amendment at 5 Ill. Reg. 11402, effective October 14, 1981, for a maximum of 150 days; emergency expired March 13, 1982; amended at 6 Ill. Reg. 10721, effective August 20, 1982; emergency amendment at 6 Ill. Reg. 15581, effective December 14, 1982, for a maximum of 150 days; emergency expired May 13, 1983; amended at 7 Ill. Reg. 10790, effective August 24, 1983; amended at 8 Ill. Reg. 19004, effective September 26, 1984; amended at 9 Ill. Reg. 14317, effective September 9, 1985; amended at 10 Ill. Reg. 16658, effective September 22, 1986; amended at 11 Ill. Reg. 2275, effective January 20, 1987; amended at 12 Ill. Reg. 12042, effective July 11, 1988; amended at 13 Ill. Reg. 12839, effective July 21, 1989; amended at 14 Ill. Reg. 14787, effective September 4, 1990; amended at 14 Ill. Reg. 19859, effective December 3, 1990; amended at 15 Ill. Reg. 10021, effective June 24, 1991; amended at 15 Ill. Reg. 16691, effective October 31, 1991; amended at 16 Ill. Reg. 11116, effective June 30, 1992; amended at 17 Ill. Reg. 286, effective December 28, 1992; amended at 17 Ill. Reg. 13452, effective July 30, 1993; amended at 18 Ill. Reg. 5842, effective April 5, 1994; amended at 19 Ill. Reg. 7560, effective May 26, 1995; amended at 19 Ill. Reg. 15411, effective October 26, 1995; amended at 20 Ill. Reg. 6723, effective May 6, 1996; amended at 21 Ill. Reg. 5561, effective April 19, 1997; amended at 22 Ill. Reg. 7995, effective April 28, 1998; amended at 23 Ill. Reg. 6829, effective May 20, 1999; amended at 24 Ill. Reg. 6908, effective April 20, 2000; amended at 25 Ill. Reg. 7217, effective May 22, 2001; amended at 25 Ill. Reg. 11471, effective August 14, 2001;

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NOTICE OF ADOPTED AMENDMENTS amended at 26 Ill. Reg. 9356, effective June 17, 2002; amended at 27 Ill. Reg. 10025, effective June 23, 2003; amended at 28 Ill. Reg. 9968, effective July 6, 2004; amended at 29 Ill. Reg. 9761, effective June 24, 2005; amended at 30 Ill. Reg. 12196, effective June 28, 2006; amended at 31 Ill. Reg. 8202, effective May 25, 2007; amended at 32 Ill. Reg. 9337, effective June 13, 2008; amended at 33 Ill. Reg. 11571, effective July 27, 2009; amended at 34 Ill. Reg. 4839, effective March 19, 2010; amended at 35 Ill. Reg. 10739, effective June 23, 2011; amended at 36 Ill. Reg. 13450, effective August 10, 2012; amended at 37 Ill. Reg. 14926, effective August 30, 2013; amended at 38 Ill. Reg. 22752, effective November 18, 2014; amended at 39 Ill. Reg. 10905, effective July 27, 2015; emergency amendment at 39 Ill. Reg. 13125, effective September 3, 2015, for a maximum of 150 days; amended at 39 Ill. Reg. 14568, effective October 20, 2015; amended at 40 Ill. Reg. 829, effective December 29, 2015; amended at 40 Ill. Reg. 10579, effective July 20, 2016; amended at 41 Ill. Reg. 8679, effective June 28, 2017; amended at 42 Ill. Reg. 17610, effective September 21, 2018; amended at 43 Ill. Reg. 9537, effective August 23, 2019.

Section 670.20 Statewide Deer Permit Requirements

a) All archery deer hunters must have a current, valid Illinois archery deer permit. Archery deer permits (except landowner/tenant hunting permits and nonresident permits issued to clients of outfitters as detailed in Section 670.20(c)) will authorize the holder to hunt in any of the open counties of the State, on property where permission to hunt has been obtained from the property owner. Nonresident archery deer permits issued to outfitter clients who received a permit based on the preference given to outfitter clients are valid only on property controlled by the outfitter used to gain preference.

b) Resident Permits

1) Resident archery deer permits are available over-the-counter (OTC) from agents designated by the Department (pursuant to 17 Ill. Adm. Code 2520) as combination permits, each consisting of one either-sex permit and one antlerless-only permit, or as a single antlerless-only permit. The fee for a resident archery combination permit shall be $25; a resident archery single antlerless-only permit shall be $15. While there is no limit to the number of archery deer permits that an individual resident may purchase, no one may harvest more deer than allowed by the restrictions prescribed in Section 670.40. Lifetime licenses issued after August 15, 2006 shall not qualify a nonresident of Illinois for a resident deer permit.

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2) In addition to the permits listed in subsection (b)(1), resident hunters have the option of purchasing a maximum of one resident single either-sex permit for a fee of $15. Applicants must submit an application to the Permit Office using the official current Resident Single Either-Sex Archery Deer Permit application form by September 1. Applications are available from the DNR website at http://www.dnr.illinois.gov. Applications submitted on forms from previous years will be returned. Applicants must complete all portions of the permit application form. Incomplete applications and fees will be returned. Each applicant must submit a personal check or money order with his/her individual application. c) Nonresident Permits

1) A limited number of nonresident archery deer permits is available as combination permits, each consisting of one either-sex permit and one antlerless-only permit. The fee for the nonresident combination archery deer permit shall be $410. Nonresident hunters may apply June 1 through June 30 via DNR Direct Online License Sales at www.dnr.illinois.gov. Applicants may apply for and receive a maximum of one nonresident combination archery deer permit during a license year. (Note: Receiving nonresident landowner archery deer permits does not preclude the recipient from also applying for and receiving the regular nonresident combination archery deer permit.) The number of nonresident combination archery deer permits shall be limited to 25,000, with clients of outfitters currently permitted by the Department of Natural Resources given preference in the drawing for the first 7,500. Clients of permitted outfitters should contact the outfitter prior to applying to receive a certification number to be used in the application process to verify their outfitter client status. Permits will be allocated using a computerized, random lottery drawing conducted after June 30. If the number of eligible outfitter clients in the drawing is less than 7,500, all remaining permits will be allocated to the remaining applicants until the quota is reached. If the number of eligible outfitter clients in the drawing exceeds 7,500, those outfitter clients unsuccessful in obtaining one of the first 7,500 permits will compete against non-client applicants for the remaining permits. Up to six individuals may apply for nonresident combination archery permits as a group. Groups must identify a group leader, and all applicants must provide the same group leader information at the time of application. If

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applying for permits given preferentially to clients of outfitters, all group applicants must also provide the same outfitter certification number. Permits available after the lottery will be sold on a first-come, first-served basis to applicants who have not previously received a combination permit for the current deer season.

2) Nonresident single antlerless-only archery deer permits may be purchased as "bonus" permits for a fee of $25 by nonresident hunters who have previously obtained either a nonresident combination archery deer permit or a nonresident landowner archery deer permit. The bonus nonresident single antlerless-only archery deer permit will be available over-the- counter (OTC) from license vendors for a fee of $25. Eligible nonresident hunters may purchase these bonus permits without limit.

3) Nonresident hunters who have not previously obtained a permit described in subsection (c)(2) may purchase nonresident single antlerless-only archery deer permits OTC from license vendors for a fee of $100. Nonresident hunters may purchase these permits without limit.

4) Nonresidents may not purchase a combination archery deer permit after September 30 if they have previously purchased any single antlerless-only archery deer permit for the current deer season.

5) Nonresident youth may purchase a resident archery combination permit OTC for the same fee as resident Illinois hunters ($25). For purposes of this Section, "youth" is defined as those hunters who have not reached their 18th birthday prior to the beginning of the current year archery deer season (October 1). d) Hunters purchasing archery deer permits must supply all necessary applicant information to the license vendor in order to properly complete the permit. e) Permits are not transferable. Refunds will not be granted unless the Department has erroneously issued the permit. f) A $3 service fee will be charged for replacement permits issued by DNR, except that there will be no charge for permits lost in the mail. The procedures for obtaining a replacement license are detailed in 17 Ill. Adm. Code 2520.50. Monies from this source will be deposited in the Wildlife and Fish Fund.

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g) Hunting without a valid permit is a Class B misdemeanor (see 520 ILCS 5/2.24). Providing false information on an application is a Class A misdemeanor (see 520 ILCS 5/2.38).

(Source: Amended at 43 Ill. Reg. 9537, effective August 23, 2019)

Section 670.60 Regulations at Various Department-Owned or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 (General Hunting and Trapping) apply in this Section, unless this Section is more restrictive.

b) It is unlawful to drive deer, or participate in a deer drive, on all Department- owned or -managed properties. A deer drive is defined as a deliberate action by one or more persons (whether armed or unarmed) whose intent is to cause deer to move within archery range of one or more participating hunters.

c) Only one tree stand or ground blind is allowed per deer permit holder. Tree stands and ground blinds must comply with restrictions listed in 17 Ill. Adm. Code 510.10(c)(3) and (c)(12) and must be portable. Tree stands and ground blinds must be removed at the end of each day with the exception that they may be left unattended from September 15 through January 31 at those sites listed in this Section that are followed by a (1). Any tree stand or ground blind left unattended must be legibly marked with the owner's name, address, and telephone number, or site assigned identification number.

d) Check-in, check-out, and reporting of harvest is required at those sites listed in this Section that are followed by a (2). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by a (6).

e) Where standby hunters are used to fill quotas, a drawing will be held at sites indicated by a (3).

f) Only antlerless deer or antlered deer having at least 4four points on one side may be harvested at those sites listed in this Section that are followed by a (4).

g) Only antlerless deer or antlered deer having at least 5five points on one side may be harvested at those sites listed in this Section that are followed by a (5).

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NOTICE OF ADOPTED AMENDMENTS h) Statewide regulations shall apply at the following sites:

Alvah Borah State Habitat Area (6)

* Anderson Lake State Fish and Wildlife Area (1) (2)

Apple River Canyon State Park – Thompson and Salem Units (6)

Argyle Lake State Park (1) (6)

* Banner Marsh State Fish and Wildlife Area (statewide hunting hours except during the Central Zone duck season hunting hours 1:00 p.m. until ½ hour after sunset) (1) (2)

* Beall Woods State Park (1) (6)

* Big Bend State Fish and Wildlife Area (1) (2)

Big Grand Pierre Glade State Natural Area (1)

Big River State Forest (1) (6)

Bradford Pheasant Habitat Area (October 1-31 only) (6)

Buffalo Rock State Park/Blackball Mines Nature Preserve (2)

Burning Star State Fish and Wildlife Area (6)

Butterfield Trail State Recreation Area (6)

Cache River State Natural Area (1) (2)

Campbell Pond State Fish and Wildlife Area (1) (6)

Cape Bend State Fish and Wildlife Area (1) (2)

Carlyle Lake Lands and Waters (Corps of Engineers managed lands, except Jim Hawn and East Spillway Areas)

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* Carlyle Lake Lands and Waters (Corps of Engineers managed lands – Jim Hawn and East Spillway Areas)

Carlyle Lake State Fish and Wildlife Area (except subimpoundment area is closed 7 days prior to and during the regular waterfowl season; lands bounded on the east by "C" levee, south by "D" levee, west by ACOE property line, and including the posted area west of parking lot #2, will be open the entire archery deer hunting season) (6)

Castle Rock State Park (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (1) (6)

Cedar Glen State Natural Area (no hunting after December 15) (1) (6)

Chauncey Marsh State Natural Area (permit obtained at Red Hills State Park headquarters) (1) (6)

Clinton Lake State Recreation Area (an antlerless deer must be taken on the site before an antlered deer is harvested) (6)

Coffeen Lake State Fish and Wildlife Area (6)

Collier Limestone Glade State Natural Area (1)

Copperhead Hollow State Wildlife Area (1) (6)

Crawford County State Conservation Area (1) (6)

Cretaceous Hills State Natural Area (1) (6)

Cypress Creek National Wildlife Refuge

Cypress Pond State Natural Area (1) (2)

Deer Pond State Natural Area (1) (2)

Des Plaines Game Propagation Center (closed Saturdays and Sundays in October and Sundays in November, December and January) (2)

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Des Plaines State Conservation Area (no hunting is permitted Wednesday through Sunday of the site's permit pheasant season) (6)

Devil's Island State Wildlife Management Area

Dixon Springs State Park (1) (6)

Dog Island State Wildlife Management Area (1) (6)

Dublin Highlands Pheasant Habitat Area (opens statewide opening date; however, site closes for archery deer hunting at the end of legal shooting hours the day preceding the opening of the North Zone upland season and reopens the day after the close of the North Zone upland season and runs until the statewide season closes; submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (1) (2)

* Eagle Creek State Park (for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy) (6)

Eldon Hazlet State Park (archery hunting is closed in the designated controlled pheasant hunting area on days when the controlled pheasant hunting program is in operation) (6)

Embarras River Bottoms State Habitat Area (1) (6)

Ferne Clyffe State Park (1) (2)

Finfrock State Habitat Area (October 1-31 only; eligible hunters required to obtain Clinton Lake State Recreation Area site hunting permit) (6)

Flag Pond State Natural Area (1)

Flatwoods State Natural Area (1) (6)

Fort de Chartres State Historic Site (1) (2)

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* Fort Kaskaskia State Historic Site (opens November 1) (2)

Fort Massac State Park (1) (6)

Fox Ridge State Park (1) (6)

Franklin Creek State Natural Area (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)

French Bluff State Natural Area (6)

George S. Park Memorial Woods State Natural Area (2)

Giant City State Park (1) (2)

Goose Lake Prairie State Natural Area/Heidecke State Fish & Wildlife Area (archery deer hunting is closed during the muzzleloader deer season) (6)

Green River State Wildlife Area (1) (6)

Hallsville State Habitat Area (October 1-31 only; eligible hunters will use Clinton Lake State Recreation Area site hunting permit) (1) (6)

Hamilton County State Conservation Area (1) (6)

Hanover Bluff State Natural Area (6)

Harry "Babe" Woodyard State Natural Area (6)

Henry Allen Gleason State Natural Area (6)

Hidden Springs State Forest (1) (6)

Hindsboro State Habitat Area (October 1 through October 31 only) (1) (6)

Horseshoe Lake State Conservation Area – Alexander County (Controlled Goose Hunting Area – open from October 1-31; reopens with the close of

ILLINOIS REGISTER 9548 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS the Quota Zone goose season through statewide closing; remainder of the Public Hunting Area open during statewide season) (1) (2)

Ilo Dillin State Habitat Area (hunting allowed during October only) (6)

Iroquois County State Wildlife Area/Hooper Branch only (1) (2) (6)

Johnson-Sauk Trail State Park (statewide regulations apply, except that, on Wednesdays through Sundays of the site's permit pheasant season, hunting only allowed 2:00 p.m. until sunset) (1) (6)

Jubilee College State Park (2)

Kankakee River State Park (deer bow hunters must wear a cap and upper outer garment with at least 400 square inches of solid blaze orange/pink between 9:00 a.m. and 3:00 p.m. on days when upland game hunting is allowed during the site's controlled hunting season; a limited hunting opportunity for persons with disabilities, Class P2A, exists at the Davis Creek Bike Trail Area; disabled hunters must register to hunt at the site office and must sign in and out daily; disabled hunters are required to hunt with a non-disabled partner who may also hunt from predetermined locations during the disabled hunting season (November 1 to the day before the first firearm deer season, except campground blinds will remain open until the close of the archery deer season and do not require a partner to hunt) (6)

Kaskaskia River State Fish and Wildlife Area (the State-owned portion of the defined waterfowl rest area is open until 2 weeks prior to the start of the regular duck season through the close of the regular duck and Canada goose seasons; no hunting within 50 yards of the Baldwin Lake Waterfowl Rest Area's main north-south road) (1) (2 – except south of Highway 154 and north of Highway 13)

Kickapoo State Recreation Area (6)

Kidd Lake State Natural Area (1)

Kinkaid Lake State Fish and Wildlife Area (1) (2)

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Kishwaukee River State Fish and Wildlife Area; (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)

Lake Le Aqua Na State Park (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)

Larry D. Closson Habitat Area (October 1-31 only) (1)

Lincoln Trail State Park (November 1 through the end of statewide season; open to archery deer hunting during statewide firearm deer seasons) (2)

Little Rock Creek State Habitat Area (opens statewide opening date; however, site closes for archery deer hunting at the end of legal shooting hours the day preceding the opening of the north zone upland season and reopens the day after the close of the north zone upland season and runs until the statewide season closes) (1) (2)

Lowden-Miller State Forest (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (1) (6)

Lowden State Park (in October, hunting allowed on Mondays, Tuesdays, Wednesdays and Thursdays only, excluding official State holidays; beginning November 1, archery hunting is allowed 7 days a week) (1) (6)

Lusk Creek Canyon State Natural Area (1)

Mackinaw River State Fish and Wildlife Area (1) (6)

Marseilles State Fish and Wildlife Area (closed Friday, Saturday, and Sunday in October only; no hunting after the first Thursday after January 10; all tree stands must be removed from this area no later than the last day of the season; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may enter the site only from designated parking lots) (1) (2)

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Marshall State Fish and Wildlife Area (Duck Ranch Unit closed 7 days prior to the duck season through the close of duck season) (6)

Mautino State Fish and Wildlife Area (1) (6)

Maxine Loy Land and Water Reserve (6)

Maytown Pheasant Habitat Area (hunting allowed during October only) (6)

Mazonia/Braidwood State Fish and Wildlife Area (2) (4) (6)

Meeker State Habitat Area (1) (6)

Mermet Lake State Conservation Area (1) (6)

Middle Fork State Fish and Wildlife Area (6)

Midewin National Tallgrass Prairie (additional site hunting pass required) (2)

Miller-Anderson Woods State Natural Area (2)

Mississippi Palisades State Park (closed during the first firearm deer season) (1) (6)

Mississippi River Pool 16 (1)

Mississippi River Pools 17, 18 (1)

Mississippi River Pools 21, 22, 24 (1)

Mississippi State Fish and Waterfowl Management Area – Pools 25 and 26 (Batchtown, Crull Hollow and Godar Waterfowl Rest Areas are closed to hunting beginning 14 days before regular duck season; areas reopen to hunting the day after duck season closes; it is unlawful to trespass upon the designated duck hunting areas between sunset of the Sunday immediately preceding opening day of regular duck season through the day before regular duck season as posted at the site; no deer hunting is

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allowed within 200 yards of an occupied duck blind; during duck season only, deer hunters may not access the designated duck hunting areas by launching a boat at certain specifically posted boat ramps; boat ramps reopen to deer hunters the day after duck season closes; hunting is allowed at Red's Landing and Riprap Landing walk-in areas from 12:00 p.m. to ½ hour after sunset during duck season, statewide hours during remainder of season) (1)

Mitchell's Grove State Nature Preserve (antlerless deer only in October; either-sex deer from November 1 until the end of the statewide season; closed during the muzzleloading deer season) (2)

Momence Wetlands State Natural Area (1) (6)

Moraine View State Park (archery deer hunting closed Wednesday through Sunday during the controlled pheasant season) (1) (6)

Morrison Rockwood State Park (opens on the day following the close of the first firearm deer season) (1) (2)

* Mt. Vernon Propagation Center (1) (2)

Nauvoo State Park (Max Rowe Unit Only) (6)

Newton Lake State Fish and Wildlife Area (6)

Oakford State Conservation Area

Paul C. Burrus State Habitat Area (formerly Hurricane Creek State Habitat Area) (hunter quotas filled by drawing) (1) (6)

* Peabody River King State Fish and Wildlife Area (East subunit closes November 1) (1) (2)

* Pekin Lake State Fish and Wildlife Area (1) (6)

Pere Marquette State Park (1) (6)

Prairie Ridge State Natural Area (1) (6)

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Pyramid State Park (4) (6)

Pyramid State Park – Captain Unit (4) (6)

Pyramid State Park – Denmark Unit (4) (6)

Pyramid State Park – East Conant Unit (4) (6)

Pyramid State Park – Galum Unit (4) (6)

Rall Woods State Natural Area (6)

* Ramsey Lake State Park (6)

* Randolph County State Conservation Area (1) (2)

Rauchfuss Hill State Recreation Area (1) (6)

Ray Norbut State Fish and Wildlife Area (6)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (6)

Ray Norbut State Fish and Wildlife Area – East Hannibal Unit (6)

* Red Hills State Park (1) (6)

Rend Lake State Fish and Wildlife Area (refuge only (south of site headquarters) from October 1 through October 31; an antlerless deer must be taken on the site before an antlered deer is harvested) (2)

Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake

Revis Hill Prairie State Natural Area (6)

* Rice Lake State Fish and Wildlife Area (statewide hunting hours, except that, during the Central Zone duck season, hunting hours 1:00 p.m. until ½ hour after sunset) (1) (2)

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* Rockton Bog State Natural Area (6)

Sahara Woods State Fish and Wildlife Area (portions of site closed until November 1) (6)

Saline County State Fish and Wildlife Area (1) (6)

* Sam Dale Lake State Fish and Wildlife Area (1) (6)

* Sam Parr State Park (1) (2)

Sandy Ford State Natural Area (antlerless deer only in October; either-sex deer from November 1 until the end of the statewide season; archery deer hunting is closed during the muzzleloader deer season) (2)

Sangamon County State Conservation Area (1)

Sanganois State Wildlife Area (Ash Swale Waterfowl Rest Area will be closed to deer hunting during the waterfowl hunting seasons) (1) (6)

Sand Ridge State Forest (6)

* Shabbona Lake State Park (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)

Shelbyville State Fish and Wildlife Area (for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy) (1) (6)

Sielbeck Forest State Natural Area (1) (6)

Siloam Springs State Park (4) (6)

Siloam Springs State Park (Fall Creek Unit) (6)

Siloam Springs State Park – Buckhorn Unit (resident hunters only) (4) (6)

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* Silver Springs State Park (2)

Skinner Farm State Habitat Area (1) (2)

* Snakeden Hollow State Fish and Wildlife Area (closed during goose season; tree stands must be removed no later than the last day of archery hunting on the site) (1) (6)

Sparks Pond State Natural Area (6)

Spoon River State Forest (1) (6)

* Spring Lake State Fish and Wildlife Area (1) (6)

* Starved Rock State Park/Matthiessen State Park/Margery C. Carlson Nature Preserve (antlerless deer only in October; either-sex deer from November 1 until the end of the statewide season; deer bowhunters must wear a cap and upper outer garment with at least 400 square inches of solid blaze orange/pink during the statewide firearm deer seasons; open to archery deer hunting during the statewide firearm deer season only in Zone A) (2)

* Stephen A. Forbes State Recreation Area (6)

Tapley Woods State Natural Area (6)

Ten Mile Creek State Fish and Wildlife Area (areas designated as refuge are closed to all access during Canada goose season only) (1) (6)

Trail of Tears State Forest (1) (2)

Turkey Bluffs State Fish and Wildlife Area (1) (2)

Union County State Fish and Wildlife Area (Firing Line Unit open throughout statewide season; Controlled Public Hunting Area open October 1 through October 31) (1) (2)

Vesely Land and Water Reserve/Wilmington Shrub Prairie Nature Preserve (6)

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NOTICE OF ADOPTED AMENDMENTS

Walnut Point State Park (1) (6)

Wards Grove State Nature Preserve (closed during firearm deer hunting; antlerless deer only) (6)

* Washington County State Conservation Area (1) (2)

Weinberg-King State Park (6)

Weinberg-King State Park – Cecil White Unit (6)

Weinberg-King State Park − Scripps Unit (resident hunters only) (6)

Weinberg-King State Park − Spunky Bottoms Unit (resident hunters only) (6)

Weldon Springs State Park – Piatt County Unit (an antlerless deer must be taken on the site before an antlered deer is harvested) (6)

Whitefield Pheasant Habitat Area (hunting allowed during October only) (6)

* White Pines Forest State Park ( hunting allowed on Mondays, Tuesdays, Wednesdays and Thursdays only – excluding official State holidays in October. Beginning November 1, archery hunting is allowed 7 days a week, excluding the site's special firearm deer season) (6)

Wildcat Hollow State Forest (1) (6)

Willow Creek State Habitat Area (hunting permitted October 1-31) (1) (6)

Winston Tunnel State Natural Area (6)

Wise Ridge State Natural Area (1)

Witkowsky State Wildlife Area (opens October 15) (6)

Wolf Creek State Park (for Corps of Engineers managed lands not

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managed by DNR, contact Corps of Engineers, Lake Shelbyville office, for specific deer hunting policy) (6)

Woodford State Fish and Wildlife Area (opens at the close of duck season) (6) i) Statewide regulations shall apply at the following sites except that hunter quotas shall be filled by mail-in drawing:

Beaver Dam State Park (an antlerless deer must be taken on the site before an antlered deer is harvested; harvest reports are due to the site by December 31; failure to submit report shall result in the loss of hunting privileges at the site for the following year) (1)

Bohm Woods State Nature Preserve (an antlerless deer must be taken on the site before an antlered deer is harvested; harvest reports are due to the site by January 31; failure to submit report shall result in the loss of hunting privileges at the site for the following year) (1)

* Frank Holten State Park (opens November 1; crossing of Harding Ditch within confines of site allowed; no hunting from Harding Ditch right-of- way; drawing for weekly hunter quotas will be held prior to the season; display windshield card while hunting; harvest report due to site by January 31, failure shall result in ineligibility to hunt at the site the following year) (1, starting October 15) (6)

Goode's Woods State Nature Preserve (an antlerless deer must be taken on the site before an antlered deer is harvested; harvest reports are due to the site by January 31; failure to submit report shall result in the loss of hunting privileges at the site for the following year) (1)

* Horseshoe Lake State Park (Madison County) (hunting in designated areas only; an antlerless deer must be taken on the site before an antlered deer is harvested; harvest reports are due to the site by JanuaryDecember 31; failure to submit report shall result in the loss of hunting privileges at the site for the following year) (1)

Pere Marquette State Park (hunting allowed in group camping areas only; season begins the first weekday after camps close)

ILLINOIS REGISTER 9557 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

* Zoeller State Natural Area (1) (6) j) State regulations shall apply except that hunters must obtain a free permit from the site office. This permit must be in possession while hunting and must be returned, and harvest reported, to the address indicated on the card before February 15. Failure to return the permit shall result in loss of hunting privileges at that site for the following year.

* Horseshoe Lake State Park (Madison County – Gaberet, Mosenthein and Chouteau Island Units) k) Statewide regulations shall apply except that no hunting is permitted on days that the site is open to permit pheasant season.

Chain O'Lakes State Park (season opens Monday prior to opening of permit pheasant hunting season and closes before the controlled pheasant clean up hunt; season reopens on December 26 through close of regular season) (3) (6)

Iroquois County State Conservation Area (permit pheasant hunting units are closed to archery hunting on days the site is open to permit pheasant hunting; archery hunting is open under statewide regulations in non-permit pheasant hunting units) (6)

Wayne Fitzgerrell State Recreation Area (no bowhunting during controlled hunts as posted at the site) (2) l) Statewide regulations shall apply at the following sites except that nonresident hunter quotas shall be filled by mail-in drawing. Information about specific drawing dates and application procedures will be publicly announced. Successful applicants will be issued a free permit from the site office. This permit must be in possession while hunting and must be returned and harvest reported to the address indicated on the card before February 15. Failure to return the permit shall result in loss of hunting privileges at that site for the following year.

Jim Edgar Panther Creek State Fish and Wildlife Area (Open Unit and West Open Unit closed to archery hunting during the Youth Deer Season) (1) (4) (6)

ILLINOIS REGISTER 9558 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

* Sangchris Lake State Park (site will be closed to archery deer hunting during the second firearm deer season) (1) (4) (6) m) Statewide regulations shall apply at this site except that hunter quotas for specific periods shall be filled by mail-in drawing. Only Illinois residents are eligible to apply. Information about drawing dates and application procedures will be publicly announced.

Hennepin Canal State Trail (hunters must stay in their designated zone; an antlerless deer must be taken on the site before an antlered deer may be taken) (1) (6)

Illinois Beach State Park, North Dunes Nature Preserve and Illinois Beach Nature Preserve (hunting assigned for one week periods; site-issued windshield card must be displayed while hunting; harvest report due to site by February 1, failure to report shall result in ineligibility to hunt at the site the following year)

James Pate Philip State Park and Heron Woods State Habitat Area

Moraine Hills State Park

Volo Bog State Natural Area n) Violations of site specific regulations are petty offenses (see 520 ILCS 5/2.20).

(Source: Amended at 43 Ill. Reg. 9537, effective August 23, 2019)

ILLINOIS REGISTER 9559 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Youth Hunting Seasons

2) Code Citation: 17 Ill. Adm. Code 685

3) Section Numbers: Adopted Actions: 685.40 Amendment 685.110 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 2.24, 2.25, 2.26 and 3.36 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 2.24, 2.25, 2.26 and 3.36].

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5522; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

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

ILLINOIS REGISTER 9560 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

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

ILLINOIS REGISTER 9561 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 685 YOUTH HUNTING SEASONS

Section 685.10 Statewide Season for White-Tailed Deer Hunting 685.20 Statewide Deer Permit Requirements 685.30 Statewide Firearm Requirements for Hunting the Youth Deer Season 685.40 Statewide Deer Hunting Rules 685.50 Reporting Harvest of Deer 685.60 Rejection of Application/Revocation of Deer Permits 685.70 Regulations at Various Department-Owned or -Managed Sites 685.80 Youth White-Tailed Deer Hunt (Repealed) 685.90 Heritage Youth Wild Turkey Hunt – Spring Season (Repealed) 685.100 Youth Pheasant Hunting (Repealed) 685.110 Youth Waterfowl Hunting 685.120 Youth Dove Hunting (Repealed)

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 2.24, 2.25, 2.26 and 3.36 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 20 Ill. Reg. 12452, effective August 30, 1996; amended at 21 Ill. Reg. 14548, effective October 24, 1997; amended at 25 Ill. Reg. 6904, effective May 21, 2001; amended at 26 Ill. Reg. 4418, effective March 11, 2002; amended at 26 Ill. Reg. 13828, effective September 5, 2002; amended at 27 Ill. Reg. 14332, effective August 25, 2003; amended at 29 Ill. Reg. 20469, effective December 2, 2005; amended at 30 Ill. Reg. 12222, effective June 28, 2006; emergency amendment at 31 Ill. Reg. 12096, effective August 1, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 14829, effective October 18, 2007; amended at 32 Ill. Reg. 10115, effective June 30, 2008; amended at 33 Ill. Reg. 11609, effective July 27, 2009; amended at 34 Ill. Reg. 4863, effective March 19, 2010; amended at 35 Ill. Reg. 13228, effective July 26, 2011; amended at 37 Ill. Reg. 19277, effective November 14, 2013; amended at 38 Ill. Reg. 22772, effective November 18, 2014; amended at 39 Ill. Reg. 10932, effective July 27, 2015; amended at 39 Ill. Reg. 14574, effective October 20, 2015; amended at 40 Ill. Reg. 10612, effective July 20, 2016; amended at 41 Ill. Reg. 8707, effective June 28, 2017; amended at 42 Ill. Reg. 13150, effective June 22, 2018; amended at 43 Ill. Reg. 9559, effective August 23, 2019.

ILLINOIS REGISTER 9562 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Section 685.40 Statewide Deer Hunting Rules

a) Bag limits: One deer per legally authorized permit. All either-sex permits are subject to the following restrictions: no hunter, regardless of the quantity or type of permits in his/her possession, may harvest more than 2 antlered deer during a year, including the youth, archery, muzzleloader and firearm seasons. For purposes of this Section, deer seasons are considered to be in the same year if their opening dates fall within the same 12-month period that begins on July 1.

b) Supervision of Youth Hunters

1) Each hunter participating in the Youth Deer Hunting Season while using an Apprentice Hunter License or a Youth Hunting License must be accompanied by a non-hunting, validly-licensed (Illinois hunting license) adult who is 21 years of age or olderparent, guardian or grandparent. All other hunters (using other types of hunting licenses or license-exempt) participating in the Youth Deer Hunting Season must each be accompanied by a non-hunting supervisor (parent, guardian or responsible adult). A nonresident supervisor must have a valid Illinois hunting license.

2) The non-hunting supervisor must wear the solid blaze orange/pink garments required of gun deer hunters, and must remain with the hunting youth so as to have the youth under immediate control. Youths participating in the first firearm deer season using only an unfilled Youth Deer Permit (i.e., youths without a firearm deer season permit for that county) must be accompanied by a supervisor as described in this subsection (b), but, during the firearm deer season, that supervisor may also hunt so long as he/she has the appropriate licenses and permits. Each supervisor may only accompany a single youth at any given time during the hunt. The supervising adult shall be criminally liable for the actions of the youth in the hunting party, and be subject to the criminal penalties provided by law.

c) The temporary harvest tag must be attached and properly sealed immediately upon kill and before the deer is moved, transported or field dressed. No person shall leave any deer that has been killed without properly attaching the temporary harvest tag to the deer in the manner prescribed in Section 685.50 and on the permit.

ILLINOIS REGISTER 9563 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

d) Hunters shall not have in their possession, while in the field during the Youth Deer Season, any deer permit issued to another person (permits are non- transferrable). Violation is a Class B misdemeanor (see 520 ILCS 5/2.24).

e) Permits shall not be re-issued in cases involving deer taken that are found to be diseased or spoiled due to previous injury. Disposal of unfit deer taken shall be the responsibility of the hunter.

(Source: Amended at 43 Ill. Reg. 9559, effective August 23, 2019)

Section 685.110 Youth Waterfowl Hunting

a) Permit Requirements

1) Permit reservations shall be accepted starting in September. Initial acceptance dates shall be publicly announced. Applicants must be between the ages of 10-17 inclusive on the date of the hunt.

2) Only one permit per person shall be issued for the hunt on December 28 at Horseshoe Lake State Fish and Wildlife Area (Alexander County) and Union County State Fish and Wildlife Area and on the Sunday immediately preceding the first firearm deer season as set forth in 17 Ill. Adm. Code 650.10 at Donnelley State Wildlife Area and on the second Sunday in November of the Illinois Central Zone Waterfowl season at Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit.

3) The permit shall be for the use of the entire blind and it shall be the responsibility of the permit holder to bring one supervising adult who may also hunt. The supervising adult shall be criminally liable for the actions of the youth in the hunting party, and be subject to the criminal penalties provided by law. Each youth and supervising adult may be accompanied by a non-hunting guide. The maximum number of people in a blind is 2 hunting youth, 2 hunting adults and a non-hunting guide.

4) Permit Reservations and Transferability

A) All duplicate permit reservations shall be rejected and the hunter shall forfeit his or her rights to a permit. Permits are not

ILLINOIS REGISTER 9564 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

transferable. Previous participants are ineligible to apply for a permit.

B) For other information write to:

Illinois Department of Natural Resources Youth Waterfowl Hunt One Natural Resources Way P.O. Box 19457 Springfield IL 62794-9457

5) Permits for the Illinois Youth Waterfowl Hunt will be issued from the Springfield Permit Office. b) General Waterfowl Hunting Regulations at the Youth Waterfowl Hunting Areas

1) Hours, Permits and Stamp Charges

A) Hunting hours at Horseshoe Lake State Conservation Area (Alexander County) and Union County are from legal opening until 12:00 Noon on the day of the Youth Waterfowl Hunt. Hunting hours at Banner Marsh State Fish and Wildlife Area, Clinton Lake State Recreation Area, Donnelley State Fish and Wildlife Area, Larry D. Closson State Habitat Area, Marshall State Fish and Wildlife Area – Duck Ranch Unit and Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit are from statewide opening to 1:00 p.m. on the days of the youth waterfowl hunts.

B) At Banner Marsh State Fish and Wildlife Area, Union County State Fish and Wildlife Area and Horseshoe Lake State Fish and Wildlife Area (Alexander County), hunters with Illinois Youth Waterfowl Hunt Permit reservations are required to check in at the check station between 4:30 a.m. and 5:00 a.m. Permits are void after 5:00 a.m. A drawing shall be held on the morning of the hunt to allocate blind sites.

C) At Donnelley State Fish and Wildlife Area, the first weekend (Saturday and Sunday) and the third Saturday of the duck season

ILLINOIS REGISTER 9565 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

for the zone the site is located in shall be designated as Youth Hunt days open to hunters 10-17 years old. Youth hunters must be accompanied by an adult. Blinds not allocated to youth hunters shall be available for adults. The blinds will be allocated by drawing the day of the hunt. Preference will be given to youth hunters who have not been drawn for a previous hunt at the site during the current season.

D) At Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit, hunters with Illinois Youth Waterfowl Permit reservations are required to check-in at the check station no later than one hour before legal shooting time, after which time permits are void. A drawing shall be held on the morning of the hunt to allocate blind sites.

E) Larry D. Closson State Habitat Area will be open during the Central Zone Youth Waterfowl Hunting days. Only one party per day will be assigned to this site, consisting of the Youth Waterfowl Hunting Permit holder, up to 3 additional youth hunters, and up to 2 non-hunting adult chaperones. This site does not have any permanent blind structures. Hunters may construct temporary blinds that must be removed at the end of each day's hunt.

F) At Marshall State Fish and Wildlife Area – Duck Ranch Unit, hunters with Illinois Youth Waterfowl Permit reservations are required to check in at the check station no later than one hour before legal shooting time, after which time permits are void. A drawing shall be held on the morning of the hunt to allocate blind sites. A standby drawing will be held immediately after the permit drawing for any unclaimed blinds by permit holders.

G) Black Crown Marsh State Natural Area will be open during the Northern Zone Youth Waterfowl Hunting season. Walk-in hunting only. A hunting party will consist of the Youth Waterfowl Hunting Permit holder, up to 3 additional youth hunters, and up to 2 non-hunting adult chaperones. This site does not have any permanent blind structures. Hunters may construct temporary blinds that must be removed at the end of each day's hunt. Hunting hours are from legal opening until 1:00 p.m. Hunters must be off

ILLINOIS REGISTER 9566 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

the site by 2:00 p.m. Sign-in/sign-out and report harvest at parking area kiosk.

H) There is no fee for the Illinois Youth Waterfowl Hunting Permit.

2) Hunting must be done from assigned blinds only and hunters, unless authorized, shall not move from blind to blind or leave the blind and return.

3) Shotguns must be unloaded and encased at all times when not hunting.

4) At Union County State Fish and Wildlife Area and Horseshoe Lake State Fish and Wildlife Area (Alexander County), each youth shall not possess more than 25 shells. Each adult shall not possess more than 5 shells for each Canada goose allowed in the daily bag. Hunters without their guns may leave the blind to retrieve crippled waterfowl.

5) At Rend Lake State Fish and Wildlife Area, hunters participating in the youth hunt must sign in and out, no entry into subimpoundments before 4:30 a.m. and must be out of subimpoundments by 2:00 p.m. A drawing will be held at 4:00 a.m. each day of the youth hunt for hunters wanting to hunt the Casey Fork impoundment. Drawing will be held at the Cottonwood Access Area. Airboats are not allowed in Casey Fork subimpoundment, Big Muddy subimpoundment, and the impoundments on Corps of Engineers managed areas during youth waterfowl season. c) Special Hunts If, by regulation published in the Federal Register, the U.S. Fish and Wildlife Service sets any special dates for youth-only waterfowl hunting, the Department shall, by public announcement, open those Department sites that, under the circumstances prevailing at the time, the Department believes may be opened without unduly disturbing other Department programs. Open sites that require the use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 will be noted in the public announcement. d) Violations of this Section are Class B misdemeanors (see 520 ILCS 5/2.18), except that hunting prior to ½ hour before sunrise is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

ILLINOIS REGISTER 9567 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

(Source: Amended at 43 Ill. Reg. 9559, effective August 23, 2019)

ILLINOIS REGISTER 9568 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Squirrel Hunting

2) Code Citation: 17 Ill. Adm. Code 690

3) Section Number: Adopted Action: 690.30 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 2.24, 2.25, 2.26 and 3.36 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 2.24, 2.25, 2.26 and 3.36].

5) Effective Date of Rule: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rule, including all material incorporated by reference is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5531; May 17, 2019

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

11) Differences between Proposal and Final Version: In Section 690.30(f), under "Lowden- Miller State Forest", "on the southern one-half of the site" has been changed to read "east of the Rock River, south of the terminus of Nashua Rd., and west of Scout Rd."; in subsection (i), "Conservation" has been changed to "Fish and Wildlife".

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

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

ILLINOIS REGISTER 9569 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

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

John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

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

ILLINOIS REGISTER 9570 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 690 SQUIRREL HUNTING

Section 690.10 Hunting Seasons 690.20 Statewide Regulations 690.30 Regulations at Various Department-Owned or -Managed Sites

AUTHORITY: Implementing and authorized by Sections 1.2, 1.3, 1.4, 2.1, 2.2, 2.20, 2.28 and 3.5 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 5 Ill. Reg. 8017, effective July 24, 1981; codified at 5 Ill. Reg. 10642; emergency amendment at 5 Ill. Reg. 11382, effective October 14, 1981, for a maximum of 150 days; emergency expired March 12, 1982; amended at 6 Ill. Reg. 9642, effective July 21, 1982; amended at 7 Ill. Reg. 8809, effective July 15, 1983; emergency amendment at 7 Ill. Reg. 9690, effective August 1, 1983, for a maximum of 150 days; emergency expired December 29, 1983; amended at 8 Ill. Reg. 16789, effective August 30, 1984; amended at 9 Ill. Reg. 11614, effective July 16, 1985; amended at 10 Ill. Reg. 15601, effective September 16, 1986; amended at 11 Ill. Reg. 9549, effective May 5, 1987; amended at 12 Ill. Reg. 12246, effective July 15, 1988; amended at 13 Ill. Reg. 10606, effective June 15, 1989; amended at 14 Ill. Reg. 10816, effective June 20, 1990; amended at 15 Ill. Reg. 10012, effective June 24, 1991; amended at 16 Ill. Reg. 11087, effective June 30, 1992; amended at 17 Ill. Reg. 10842, effective July 1, 1993; amended at 18 Ill. Reg. 8624, effective May 31, 1994; amended at 19 Ill. Reg. 10664, effective July 1, 1995; amended at 20 Ill. Reg. 10882, effective August 5, 1996; amended at 21 Ill. Reg. 9095, effective June 26, 1997; amended at 22 Ill. Reg. 14844, effective August 3, 1998; amended at 23 Ill. Reg. 9074, effective July 28, 1999; amended at 24 Ill. Reg. 8947, effective June 19, 2000; amended at 25 Ill. Reg. 9903, effective July 17, 2001; amended at 26 Ill. Reg. 13845, effective September 5, 2002; amended at 27 Ill. Reg. 12640, effective July 21, 2003; amended at 28 Ill. Reg. 11893, effective July 27, 2004; amended at 29 Ill. Reg. 9786, effective June 27, 2005; amended at 30 Ill. Reg. 12229, effective June 28, 2006; amended at 31 Ill. Reg. 11700, effective July 27, 2007; amended at 32 Ill. Reg. 14819, effective August 27, 2008; amended at 33 Ill. Reg. 13900, effective September 21, 2009; amended at 34 Ill. Reg. 10802, effective July 16, 2010; amended at 35 Ill. Reg. 15247, effective September 2, 2011; amended at 37 Ill. Reg. 20674, effective December 12, 2013; amended at 39 Ill. Reg. 10939, effective July 27, 2015; amended at 40 Ill. Reg. 10618, effective July 20, 2016; amended at 41 Ill. Reg. 8714, effective June 28,

ILLINOIS REGISTER 9571 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

2017; amended at 42 Ill. Reg. 13161, effective June 22, 2018; amended at 43 Ill. Reg. 9568, effective August 23, 2019.

Section 690.30 Regulations at Various Department-Owned or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510, General Hunting and Trapping on Department-Owned or -Managed Sites, apply in this Part, unless this Part is more restrictive. Violation of a site specific regulation is a petty offense (see 520 ILCS 5/2.28).

b) Hunting with .22 caliber or smaller rimfire firearms, .25 caliber or smaller air rifles, or muzzleloading black powder rifles is allowed at those sites listed in the following subsections that are followed by a (1). For sites that do not allow rimfire or muzzleloading firearms, hunting with .25 caliber or smaller air rifles is allowed at those sites listed in the following subsections that are followed by a (3).

c) Check-in, check-out and reporting of harvest is required at those sites listed in the following subsections that are followed by a (2). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (4).

d) Statewide regulations apply at the following sites:

Alvah Borah State Fish and Wildlife Area (4)

Anderson Lake State Conservation Area (2)

Apple River Canyon State Park – Salem and Thompson Units (closed during firearm deer hunting) (4)

Argyle Lake State Park (4)

Beaver Dam State Park (statewide opening through September 30) (4)

Big Bend State Fish and Wildlife Area (2)

Big River State Forest (4)

ILLINOIS REGISTER 9572 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Burning Star State Fish and Wildlife Area (1) (4)

Butterfield Trail State Recreation Area (closed during all deer seasons) (1) (4)

Cache River State Natural Area (1) (2)

Campbell Pond State Wildlife Management Area (4)

Cape Bend State Fish and Wildlife Area (1) (2)

Carlyle Lake Lands and Waters – Corps of Engineers managed lands (1)

Carlyle Lake State Fish and Wildlife Area (subimpoundment area closes 7 days prior to the start of the waterfowl season for the zone in which Carlyle Lake is located) (1) (4)

Chain O'Lakes State Park (opens Wednesday after permit pheasant season for 5 consecutive days, except closed on Christmas Day; 8:00 a.m. to 4:00 p.m.; daily quota filled on first-come, -first-served basis; DNR issued back patch must be worn while hunting; only shot size of No. 3 steel, No. 4 bismuth, No. 5 tungsten-iron, tungsten-matrix, tungsten-polymer or smaller may be used) (2)

Chauncey Marsh State Natural Area (1) (4)

Clinton Lake State Recreation Area – North Fork Management Area, North of the County Road at the North Fork Boat Ramp and handicapped upland game area (1) (4)

Coffeen Lake State Fish and Wildlife Area (closed during all deer seasonsstatewide opening through September 30 and reopens the day after archery deer season closes and remains open until the end of the statewide season) (4)

Copperhead Hollow State Fish and Wildlife Area (1) (4)

Crawford County State Fish and Wildlife Area (1) (4)

ILLINOIS REGISTER 9573 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Cretaceous Hills State Natural Area (1) (4)

Cypress Pond State Natural Area (1) (2)

Deer Pond State Natural Area (1) (2)

Devil's Island State Fish and Wildlife Area

Dog Island State Wildlife Management Area (1) (4)

Eldon Hazlet State Park (north of Allen Branch (4); and west of Peppenhorst Branch only)

Embarras River Bottoms State Habitat Area (1) (4)

Ferne Clyffe State Park − Cedar Draper Bluffs Hunting Area (1) (2)

Flag Pond State Natural Area (1) (4)

Fort de Chartres State Historic Site (muzzleloading firearms or bow and arrow only) (1) (2)

Fort Massac State Park (4)

Fox Ridge State Park (1) (4)

French Bluff Natural Area (1) (4)

Hamilton County State Conservation Area (4)

Hanover Bluff State Natural Area (closed during firearm deer hunting) (4)

Harry "Babe" Woodyard State Natural Area (1) (4)

Heidecke State Fish and Wildlife Area – Morris Wetlands Unit only (closed during all deer seasonscloses September 30) (3) (4)

Hidden Springs State Forest (1) (4)

ILLINOIS REGISTER 9574 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Hindsboro Pheasant State Habitat Area (closes September 30) (1) (4)

Iroquois County State Wildlife Area (closed during all deer seasons) (1) (4)

Jim Edgar Panther Creek State Fish and Wildlife Area (the Quality Unit and Controlled Unit close October 31) (1) (4)

Johnson-Sauk Trail State Park (season opens the day after Labor Day; closed during all deer seasons) (4)

Jubilee College State Park (2) (3)

Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to and during duck season; the defined Baldwin Lake Waterfowl Rest Area is closed) (1) (2)

Kickapoo State Recreation Area (1) (4)

Kinkaid Lake State Fish and Wildlife Area (1)

Lake Shelbyville – Eagle Creek State Park (closes the opening day of site's pheasant season) (4)

Larry D. Closson State Habitat Area (closes September 30) (1) (4)

Lincoln Trail State Park (closed August 1 through September 30 and November 1 through January 14) (2) (3)

Lowden-Miller State Forest (hunting allowed from September 1 through September 30 only; hunting allowed only on the southern one-half of the site) (1) (4)

Mackinaw State Fish and Wildlife Area (closed during all deer seasons) (1) (4)

Marseilles State Fish and Wildlife Area (Monday through Thursday only through October 31; during August, hunting allowed west of E. 2450 Road only; open daily November 1 through the end of the site archery deer

ILLINOIS REGISTER 9575 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT season; closed during the site firearm and muzzleloading deer seasons; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may only enter the site from designated parking lots) (2)

Marshall State Conservation Area (1) (4)

Meeker State Habitat Area (1) (4)

Mermet Lake State Conservation Area (non-toxic shot only in waterfowl areas; squirrel hunting closes after September 30, except in upland game area) (1) (4)

Middle Fork State Fish and Wildlife Area (1) (4)

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26) (1)

Mississippi River Pools 16, 17, 18 (1)

Mississippi River Pools 21, 22, 24 (1)

Momence Wetlands Land and Water Reserve (closed during all deer seasons) (3) (4)

Moraine View State Park (closed during the controlled pheasant season, archery deer season and late winter deer season) (4)

Morrison Rockwood State Park (opens November 1 and closes the Thursday before the first statewide firearm deer season) (1) (2)

Mt. Vernon Game Propagation Center (closed during all deer seasons) (2)

Nauvoo State Park (Max Rowe Unit only) (4)

Newton Lake State Fish and Wildlife Area (closed during site deer season) (4)

Oakford State Conservation Area (1)

ILLINOIS REGISTER 9576 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Paul C. Burrus State Habitat Area (season closes September 30) (1) (4)

Peabody River King State Fish and Wildlife Area (east subunit closes November 1) (2)

Pere Marquette State Park (season opens the day after Labor Day) (1) (4)

Pyramid State Park (1) (4)

Pyramid State Park – Captain Unit (1) (4)

Pyramid State Park – Denmark Unit (1) (4)

Pyramid State Park – East Conant Unit (1) (4)

Pyramid State Park – Galum Unit (1) (4)

Rall Woods State Natural Area (closed during firearm deer hunting) (4)

Ramsey Lake State Park (4)

Randolph County State Conservation Area (2)

Ray Norbut State Fish and Wildlife Area (1) (4)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (1) (4)

Red Hills State Park (4)

Rend Lake Project Lands and Waters (1)

Sahara Woods State Fish and Wildlife Area (1) (4)

Saline County State Fish and Wildlife Area (1) (4)

Sam Dale Lake State Fish and Wildlife Area (4)

Sam Parr State Fish and Wildlife Area (2)

ILLINOIS REGISTER 9577 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Sand Ridge State Forest (closed during the controlled pheasant season) (1) (4)

Sangamon County State Conservation Area

Sanganois State Fish and Wildlife Area (1) (4)

Shawnee National Forest – Oakwood Bottoms (non-toxic shot only) (1)

Shelbyville State Fish and Wildlife Area (1) (4)

Sielbeck Forest State Natural Area (1) (4)

Siloam Springs State Park (1) (4)

Siloam Springs State Park – Buckhorn Unit (1) (4)

Skinner Farm State Habitat Area (2)

Spoon River State Forest (1) (4)

Stephen A. Forbes State Recreation Area (4)

Tapley Woods State Natural Area (closed during firearm deer hunting) (4)

Ten Mile Creek State Fish and Wildlife Area (1) (4)

Trail of Tears State Forest (1) (2)

Turkey Bluffs State Fish and Wildlife Area (1) (2)

Walnut Point State Park (1) (4)

Washington County State Conservation Area (2)

Weinberg-King State Park (1) (4)

Weinberg-King State Park − Cecil White Unit (4)

ILLINOIS REGISTER 9578 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Weinberg-King State Park − Scripps Unit (1) (4)

Weinberg-King State Park − Spunky Bottoms Unit (1) (4)

Wildcat Hollow State Forest (1) (4)

Willow Creek State Habitat Area (closes September 30) (1) (4)

Winston Tunnel State Natural Area (closed during firearm deer hunting) (4)

Wise Ridge State Natural Area (1)

Witkowsky State Wildlife Area (opens after second firearm deer season; closed during firearm deer hunting) (4) e) Season dates shall be the day following Labor Day through the end of the statewide season at the following sites:

Ferne Clyffe State Park – Ferne Clyffe Hunting Area (2)

Giant City State Park (rimfire cartridges allowed in Union County portion; no rimfire cartridges allowed in Jackson County portion only) (1) (2)

Kankakee River State Park (closed during all deer seasons) (3) (4)

Pere Marquette State Park (1) (4) f) Season dates shall be the day after Labor Day through September 30 at the following sites:

Johnson-Sauk Trail State Park (season reopens the day after the archery deer season closes and remains open until the end of the statewide season) (4)

Kankakee River State Park (4)

Lowden-Miller State Forest (season opens September 1; hunting allowed

ILLINOIS REGISTER 9579 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

only east of the Rock River, south of the terminus of Nashua Rd., and west of Scout Rd. (1) (4)

Momence Wetlands State Natural Area (4)

Sangchris Lake State Park (4)

Silver Springs State Park (2)

Spring Lake State Fish and Wildlife Area (season reopens the day after the archery deer season closes and remains open until the end of the statewide season) (3) (4) g) Statewide regulations apply at the following sites, except that hunters must obtain a free permit from the site and variations in season dates are in parentheses. Permits must be in possession while hunting. The permit must be returned and harvest reported by March 15 or the hunter will forfeit privileges at that site for the following year:

Horseshoe Lake State Park – Gabaret, Mosenthein and Chouteau Island Units (Madison County)

Matthiessen State Park (season opens on statewide opening day and closes the day before the archery deer season opens; permits available at the Starved Rock State Park office; hunting in designated areas only) h) Season dates shall be statewide opening through September 30 at the following sites:

Beaver Dam State Park (4)

Castle Rock State Park (4)

Hindsboro Pheasant State Habitat Area (1) (4)

Larry D. Closson State Habitat Area (1) (4)

Mackinaw State Fish and Wildlife Area (season reopens the day after the archery deer season closes and remains open until the end of the statewide

ILLINOIS REGISTER 9580 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

season) (1) (4)

Mt. Vernon Game Propagation Center (2)

Paul C. Burrus State Habitat Area (1) (4)

Sandy Ford State Natural Area (2)

Weldon Springs State Park − Piatt County Unit (4)

Willow Creek State Habitat Area (1) (4)

Woodford County State Fish and Wildlife Area (4) i) Season dates shall be statewide opening through October 31 at the following sites:

Green River State Wildlife Area (4)

Horseshoe Lake State Fish and WildlifeConservation Area (Alexander County) (season on the controlled goose hunting area shall close October 31, remainder of the public hunting area statewide season; non-toxic shot only) (1) (2)

Union County State Conservation Area (season on the controlled goose hunting area closes October 31; firing line unit – statewide closing; non-toxic shot only) (1) (2)

(Source: Amended at 43 Ill. Reg. 9568, effective August 23, 2019)

ILLINOIS REGISTER 9581 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: The Taking of Wild Turkeys – Spring Season

2) Code Citation: 17 Ill. Adm. Code 710

3) Section Numbers: Adopted Actions: 710.10 Amendment 710.30 Amendment 710.50 Amendment 710.70 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.20, 2.9, 2.10, 2.11 and 2.20 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.20, 2.9, 2.10, 2.11 and 2.20].

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5544; May 17, 2019

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

11) Differences between Proposal and Final Version: In Section 710.10(a), "5th Season" dates have been corrected to read "Thursday, May 7 – Thursday, May 14, 2020".

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

ILLINOIS REGISTER 9582 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

16) Information and questions regarding 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 9583 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 710 THE TAKING OF WILD TURKEYS − SPRING SEASON

Section 710.5 Hunting Zones 710.10 Hunting Seasons 710.20 Statewide Turkey Permit Requirements 710.21 Turkey Permit Requirements − Special Hunts (Renumbered) 710.22 Turkey Permit Requirements − Landowner/Tenant Permits 710.25 Turkey Permit Requirements − Special Hunts 710.28 Turkey Permit Requirements − Heritage Youth Turkey Hunt (Repealed) 710.30 Turkey Hunting Regulations 710.40 Other Regulations (Repealed) 710.50 Regulations at Various Department-Owned or -Managed Sites 710.55 Special Hunts for Disabled Hunters 710.60 Releasing or Stocking of Turkeys 710.70 Spring Youth Turkey Hunt

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.20, 2.9, 2.10, 2.11 and 2.20 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 4 Ill. Reg. 15, p. 153, effective April 1, 1980; codified at 5 Ill. Reg. 10643; amended at 6 Ill. Reg. 3852, effective March 31, 1982; amended at 7 Ill. Reg. 4208, effective March 25, 1983; amended at 8 Ill. Reg. 5663, effective April 16, 1984; amended at 9 Ill. Reg. 6200, effective April 24, 1985; amended at 10 Ill. Reg. 6848, effective April 4, 1986; amended at 11 Ill. Reg. 2267, effective January 20, 1987; amended at 12 Ill. Reg. 5342, effective March 8, 1988; amended at 13 Ill. Reg. 5090, effective April 4, 1989; amended at 14 Ill. Reg. 663, effective January 2, 1990; amended at 15 Ill. Reg. 4161, effective March 4, 1991; amended at 16 Ill. Reg. 1843, effective January 17, 1992; amended at 17 Ill. Reg. 3184, effective March 2, 1993; amended at 18 Ill. Reg. 1156, effective January 18, 1994; emergency amendment at 18 Ill. Reg. 3751, effective March 1, 1994, for a maximum of 150 days; emergency expired July 29, 1994; amended at 19 Ill. Reg. 2450, effective February 17, 1995; emergency amendment at 19 Ill. Reg. 5312, effective April 1, 1995, for a maximum of 150 days; emergency expired August 29, 1995; amended at 20 Ill. Reg. 777, effective December 29, 1995; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill.

ILLINOIS REGISTER 9584 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Reg. 9389; amended at 21 Ill. Reg. 3125, effective March 3, 1997; amended at 22 Ill. Reg. 2192, effective January 2, 1998; amended at 22 Ill. Reg. 19568, effective October 23, 1998; amended at 23 Ill. Reg. 11956, effective September 21, 1999; amended at 24 Ill. Reg. 7984, effective May 24, 2000; amended at 24 Ill. Reg. 17778, effective November 27, 2000; amended at 25 Ill. Reg. 14176, effective October 22, 2001; amended at 26 Ill. Reg. 18028, effective December 6, 2002; amended at 27 Ill. Reg. 17075, effective October 22, 2003; amended at 29 Ill. Reg. 3935, effective February 24, 2005; amended at 29 Ill. Reg. 20484, effective December 2, 2005; amended at 31 Ill. Reg. 1958, effective January 16, 2007; amended at 31 Ill. Reg. 16476, effective November 28, 2007; amended at 32 Ill. Reg. 19742, effective December 3, 2008; amended at 34 Ill. Reg. 4868, effective March 19, 2010; amended at 35 Ill. Reg. 3705, effective February 16, 2011; amended at 35 Ill. Reg. 20588, effective December 9, 2011; amended at 37 Ill. Reg. 1898, effective February 4, 2013; amended at 37 Ill. Reg. 20688, effective December 12, 2013; amended at 38 Ill. Reg. 22780, effective November 18, 2014; amended at 39 Ill. Reg. 10951, effective July 27, 2015; amended at 40 Ill. Reg. 10630, effective July 20, 2016; amended at 41 Ill. Reg. 85, effective December 22, 2016; amended at 41 Ill. Reg. 8727, effective June 28, 2017; amended at 41 Ill. Reg. 12599, effective September 20, 2017; amended at 42 Ill. Reg. 13174, effective June 22, 2018; amended at 43 Ill. Reg. 9581, effective August 23, 2019.

Section 710.10 Hunting Seasons

a) Northern Zone Season Dates:

1st Season: Monday, April 1315-Friday, April 1719, 20202019

2nd Season: Saturday, April 1820-Thursday, April 2325, 20202019

3rd Season: Friday, April 2426-Wednesday, April 29, 2020May 1, 2019

4th Season: Thursday, April 30May 2-Wednesday, May 68, 20202019

5th Season: Thursday, May 79-Thursday, May 1416, 20202019

b) Southern Zone Season Dates:

1st Season: Monday, April 68-Friday, April 1012, 20202019

2nd Season: Saturday, April 1113-Thursday, April 1618, 20202019

ILLINOIS REGISTER 9585 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

3rd Season: Friday, April 1719-Wednesday, April 2224, 20202019

4th Season: Thursday, April 2325-Wednesday, April 29, 2020May 1, 2019

5th Season: Thursday, April 30May 2-Thursday, May 79, 20202019 c) Open Counties:

NORTHERN ZONE Adams Boone Brown Bureau Calhoun Carroll Cass Champaign Christian Clark Coles Cumberland DeKalb DeWitt Douglas Edgar Ford Fulton Greene Grundy Hancock Henderson Henry Iroquois Jersey Jo Daviess Kane Kankakee Kendall

ILLINOIS REGISTER 9586 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Knox Lake La Salle Lee Livingston Logan Macon Macoupin Marshall-Putnam Mason McDonough McHenry McLean Menard Mercer Montgomery Morgan Moultrie Ogle Peoria Piatt Pike Rock Island Sangamon Schuyler Scott Shelby Stark Stephenson Tazewell Vermilion Warren Whiteside Will Winnebago Woodford

SOUTHERN ZONE Alexander

ILLINOIS REGISTER 9587 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Bond Clay Clinton Crawford Edwards Effingham Fayette Franklin Hamilton Gallatin-Hardin Jackson Jasper Jefferson Johnson Lawrence Madison Marion Massac Monroe Perry Pope Pulaski Randolph Richland Saline St. Clair Union Wabash Washington Wayne White Williamson

(Source: Amended at 43 Ill. Reg. 9581, effective August 23, 2019)

Section 710.30 Turkey Hunting Regulations

a) It is unlawful:

ILLINOIS REGISTER 9588 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) to use live or electronic turkey decoys, recorded calls, dogs, or bait (an area is considered as baited during the presence of and for 10 consecutive days following the removal of the bait);

2) to take any wild turkey except a hen with a visible beard or a gobbler (male);

3) to take, or attempt to take, more than three wild turkeys during the spring season, one must have a valid permit for each turkey that is taken;

4) to use any weapon except a shotgun or bow and arrow. #4 shot is the largest size shot that may be legally used or possessed while turkey hunting;

5) to hunt except from ½ hour before sunrise to 1:00 p.m. during each day of the season;

6) for any person having taken the legal limit of wild turkeys to further participate with a weapon in any hunting party for the purpose of taking additional wild turkeys;

7) for any person to possess while in the field during wild turkey season any turkey permit issued to another person (permits are non-transferable);

8) to transport or leave a wild turkey without first attaching the temporary harvest tag to the leg in the manner prescribed on the permit. Immediately upon kill and before the turkey is moved, transported or field dressed, the hunter must properly attach the temporary harvest tag to the leg. Successful hunters must register their harvest by 10:003:00 p.m. on the same calendar day as the turkey was taken by calling the toll-free telephone check-in system at 1-866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. Hunters must provide all information requested by the check-in system, and will be provided with a confirmation number to verify that they checked in their harvest. The confirmation number must be written by the hunter on the leg tag. The leg tag must remain attached to the leg of the turkey until it is at the legal residence of the person who legally took or possessed the turkey and the turkey has been checked in. The turkey must remain whole (or field dressed) until it has been checked in;

ILLINOIS REGISTER 9589 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

9) for any person to shoot a wild turkey while it is in a tree before 7:00 a.m.;

10) for any person to hunt wild turkeys without possessing a Wild Turkey Hunting Permit which shall include the hunter's signature recorded on the permit and carried on the person while hunting, except that a person without a weapon may accompany a turkey hunter as a caller or observer;

11) for any person to use a turkey call that imitates sounds made by a turkey or to attempt to call a turkey by making these sounds while in the field in the Southern Zone from March 15 through the day before the 1st turkey season and in the Northern Zone from March 22 through the day before the 1st turkey season. This prohibition only applies in counties open to spring turkey hunting. This prohibition does not apply to participants in the Youth Turkey Hunt with a valid permit, or their accompanying adult, during that season as prescribed by Section 710.70.

b) Archers may use:

1) Longbows, recurve bows or compound bows with minimum pull of 30 pounds at some point within a 28-inch draw. Minimum arrow length is 20 inches.

2) Crossbows and bolts as specified in 17 Ill. Adm. Code 760.21.

c) Broadheads must be used. Broadheads may have fixed or expandable cutting surfaces, but they must have a minimum ⅞ inch diameter when fully opened. Broadheads with fixed cutting surfaces must be metal or flint-, chert-, or obsidian-knapped; broadheads with expandable cutting surfaces must be metal. All other bows and arrows, including electronic arrow tracking systems using radio telemetry, are illegal.

(Source: Amended at 43 Ill. Reg. 9581, effective August 23, 2019)

Section 710.50 Regulations at Various Department-Owned or -Managed Sites

a) Hunters who intend to hunt Department sites and who have a physical disability that requires special accommodations are encouraged to contact the site superintendent at least 10 days before the date they wish to hunt. The site

ILLINOIS REGISTER 9590 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

superintendent will make reasonable accommodations necessary to allow the disabled person to participate in the hunting experience at the site. Disabled hunters who require an aide or assistant with them during the hunt are responsible for providing the aide or assistant and notifying the site superintendent that an assistant will be present, and whether the assistant will also be hunting. b) Hunters must sign in/sign out at all sites that are followed by a (1). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by a (2). c) Statewide regulations shall apply for the following sites:

Alvah Borah State Habitat Area (2)

Anderson Lake State Conservation Area (1)

Argyle Lake State Park (2)

Cache River State Natural Area (1)

Campbell Pond State Wildlife Management Area (2)

Cape Bend State Fish and Wildlife Area (1)

Carlyle Lake State Fish and Wildlife Area (2)

Copperhead Hollow State Wildlife Area (2)

Cretaceous Hills State Natural Area (2)

Cypress Pond State Natural Area (1)

Deer Pond State Natural Area (1)

Devil's Island State Fish and Wildlife Area

Dog Island State Wildlife Management Area (2)

Ferne Clyffe State Park − Cedar Draper Bluff Hunting Area (1)

ILLINOIS REGISTER 9591 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Flag Pond State Natural Area

Fort de Chartres State Historic Site (muzzleloading shotgun or archery only; no in-line muzzleloading shotguns or muzzleloaders with scopes allowed) (1)

Fort Massac State Park (2)

Giant City State Park (1)

Horseshoe Lake State Conservation Area − Alexander County (controlled goose hunting area and public hunting area only) (1)

Horseshoe Lake State Park (Madison County) − Gabaret, Mosenthein, Chouteau Island Units (all hunters must obtain a free site permit)

Kaskaskia River State Fish and Wildlife Area (no hunting east of and within 50 yards of the defined Baldwin Lake Waterfowl Rest Area's main north-south road, within 100 yards of any house or building, or south of the Dry Lake access road; a hunter with a P-2 handicapped certification, accompanied by a non-hunting attendant, may hunt at the site's designated handicapped hunting spot within this closed area; the hunting spot will be allocated on a first come-first served basis or via a drawing, if needed, held at the site office) (1)

Kinkaid Lake State Fish and Wildlife Area (1)

Mark Twain National Wildlife Refuge, Gardner Division

Mississippi River State Fish and Wildlife Area (Pools 25 and 26)

Mississippi River Pools 16, 17, 18, 21, 22, and 24

Nauvoo State Park (Max Rowe Unit only) (2)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (except South Subunit)

ILLINOIS REGISTER 9592 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

(1)

Pere Marquette State Park (designated area only) (2)

Ray Norbut State Fish and Wildlife Area (2)

Rend Lake Project Lands and Waters except Wayne Fitzgerald State Park

Saline County State Fish and Wildlife Area (2)

Sanganois State Conservation Area (2)

Sielbeck Forest State Natural Area (2)

Skinner Farm State Habitat Area (1)

Trail of Tears State Forest (1)

Turkey Bluffs State Fish and Wildlife Area (1)

Union County State Conservation Area − Firing Line Unit and Public Hunting Area only (1)

Weinberg-King State Park (2)

Weinberg-King State Park (Cecil White Unit) (2)

Weinberg-King State Park (Spunky Bottoms Unit) (2)

Wildcat Hollow State Habitat Area (2)

Wise Ridge State Natural Area d) Statewide regulations shall apply except that all hunting is allowed by site-specific permit only. The Department of Natural Resources allocates permits for these areas through the lottery process set forth in Section 710.20. This permit is only valid for the specific site and season indicated on the permit.

Apple River Canyon State Park − Thompson and Salem Units (2)

ILLINOIS REGISTER 9593 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Beaver Dam State Park (2)

Big Bend State Fish and Wildlife Area (1)

Big River State Forest (2)

Burning Star State Fish and Wildlife Area (2)

Butterfield Trail State Recreation Area (2)

Carlyle Lake State Fish and Wildlife Area − East Fork Management Unit (2)

Castle Rock State Park (2)

Clinton Lake State Recreation Area (2)

Coffeen Lake State Fish and Wildlife Area (2)

Crawford County State Fish and Wildlife Area (2)

Dixon Springs State Park (youth under the age of 18 prior to the first day of the season only) (1)

Eagle Creek State Park (first two seasons only) (2)

Eldon Hazlet State Park (2)

Embarras River Bottoms State Habitat Area (2)

Ferne Clyffe State Park − Ferne Clyffe Hunting Area (1)

Fort Massac State Park (youth under the age of 18 prior to the first day of the season only) (1)

Fox Ridge State Park (2)

French Bluff State Natural Area (2)

ILLINOIS REGISTER 9594 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Green River State Wildlife Area (2)

Hamilton County State Conservation Area (2)

Hanover Bluff State Natural Area (2)

Harry "Babe" Woodyard State Natural Area (2)

Hidden Springs State Forest (2)

Horseshoe Lake State Park (Madison County)

Iroquois County State Wildlife Area (2)

Jim Edgar Panther Creek State Fish and Wildlife Area (2)

Johnson-Sauk Trail State Park (2)

Jubilee College State Park (1)

Kankakee River State Park (hunting hours are from ½ hour before sunrise until 12:00 noon) (1)

Kickapoo State Park (2)

Kishwaukee River State Fish and Wildlife Area (2)

Lowden Miller State Forest (2)

Mackinaw River State Fish and Wildlife Area (2)

Marseilles State Fish and Wildlife Area (site is open to hunting Monday through Thursday only; hunting hours are from ½ hour before sunrise until 8:30 a.m. with potential additional hunting hours being posted by the site; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may only enter the site from designated parking lots) (1)

ILLINOIS REGISTER 9595 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Marshall State Fish and Wildlife Area (2)

Matthiessen State Park (South of Vermilion River Area) (1)

Mautino State Fish and Wildlife Area (2)

Meeker State Habitat Area (2)

Mermet Lake State Fish and Wildlife Area (2)

Middle Fork State Fish and Wildlife Management Area (2)

Mississippi Palisades State Park (closed during the fifth season) (2)

Momence Wetlands (1)

Moraine View State Park (no hunting on weekends during 4th and 5th season) (2)

Morrison Rockwood State Park (closed during the fifth season) (1)

Mt. Vernon Game Propagation Center

Newton Lake State Fish and Wildlife Area (2)

Paul C. Burrus State Habitat Area (must have Fox Ridge State Park permit) (2)

Pere Marquette State Park (Piasa, Quotoga, Potawatomi Camp Areas) (no hunting allowed on weekends) (2)

Pyramid State Park (2)

Pyramid State Park – Captain Unit (2)

Pyramid State Park – Denmark Unit (2)

Pyramid State Park − East Conant Unit (2)

ILLINOIS REGISTER 9596 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Pyramid State Park – Galum Unit (2)

Rall Woods State Natural Area (2)

Ramsey Lake State Park (2)

Randolph County State Conservation Area (a handicapped hunter with a P-2 handicapped certification, accompanied by a non-hunting attendant, wanting to hunt at one of the site's two designated handicapped hunting spots is not required to have a site-specific permit; these hunting spots will be allocated on a first come-first served basis or via a drawing, if needed, held at the site office) (1)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (2)

Red Hills State Park (2)

Red Hills State Park/Chauncey Marsh (2)

Sahara Woods State Fish and Wildlife Area (2)

Sam Dale Lake State Fish and Wildlife Area (2)

Sam Parr State Fish and Wildlife Area (2)

Sand Ridge State Forest (2)

Sandy Ford State Natural Area

Sangamon County State Conservation Area

Sanganois State Conservation Area (Squirrel Timber Unit) (2)

Sangchris Lake State Park

Shelbyville State Fish and Wildlife Area (must have valid permit for Lake Shelbyville Project Lands – Moultrie County) (2)

Siloam Springs State Park (2)

ILLINOIS REGISTER 9597 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Siloam Springs State Park (Buckhorn Unit) (2)

Spoon River State Forest (2)

Starved Rock State Park (1)

Stephen A. Forbes State Park (2)

Tapley Woods State Natural Area (2)

Ten Mile Creek State Fish and Wildlife Area (2)

Vesely Land and Water Reserve (2)

Washington County State Conservation Area (1)

Wayne Fitzgerrell State Recreation Area

Weinberg-King State Park (Scripps Unit) (2)

Weldon Springs State Park − Piatt County Unit (2)

Winston Tunnel State Natural Area (2)

Witkowsky State Wildlife Area (2)

Wolf Creek State Park (first 2 seasons only) (2)

Zoeller State Natural Area (2)

(Source: Amended at 43 Ill. Reg. 9581, effective August 23, 2019)

Section 710.70 Spring Youth Turkey Hunt

a) Hunting Dates: March 2830 and 2931, 20202019 and April 46 and 57, 20202019. The North Zone and South Zone are open concurrently for all 4 days.

ILLINOIS REGISTER 9598 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS b) Open Counties: All counties listed in Section 710.10 are open to Spring Youth Turkey Hunting. c) Eligibility: The Spring Youth Turkey Hunt is open only to hunters who have not reached the age of 18 prior to the opening date of the youth season. Hunters must have an apprentice or youth hunting license, or they must have completed a State-approved Hunter Education course and have a hunting license, unless exempt. In addition, hunters must have a Habitat Stamp, unless exempt. d) Permit Requirements − Spring Youth Turkey Hunt

1) All youth hunters must have a current, valid Youth Turkey Hunt Permit ($10). Hunters are eligible to purchase only one Youth Turkey Hunt Permit. Hunting without a permit is a Class B misdemeanor (see 520 ILCS 5/2.9).

2) For a county permit: Youth Turkey Hunt Permits valid for counties open to youth turkey hunting will be available for sale over-the-counter (OTC) from agents beginning the first Tuesday in March through the last day of the Youth Turkey Season.

3) For a Special Hunt Area permit: Youth hunters may apply online (http://dnr.state.il.us/admin/turkey.htm) for a site-specific permit valid for one of the Special Hunt Areas. The application period begins the third Tuesday in January and ends the third Monday in February. Permits will be allocated via a lottery drawing in which Illinois residents will be given preference.

4) The applicants must not have had their hunting privileges suspended or revoked in this State or any other state.

5) A $3 service fee will be charged for replacement permits issued by the Department, except when permits are lost in the mail, there will be no charge. Monies derived from this source will be deposited in the Wildlife and Fish Fund.

6) The Youth Turkey Hunt Permit shall be valid only for the dates and counties/Special Hunt Area listed on the permit.

ILLINOIS REGISTER 9599 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

7) A permit issued for the Youth Turkey Hunt will count toward the maximum number of permits (Section 710.20(j)(3)) an individual can receive for the Spring Wild Turkey Season. e) Youth Turkey Hunting Regulations

1) Each hunter participating in the Illinois Youth Turkey Hunt while using an Apprentice Hunter License or Youth Hunting License must be accompanied by a non-hunting, validly-licensed (Illinois hunting license) adult who is 21 years of age or olderparent, guardian or grandparent.

2) All other hunters (using other types of hunting licenses or license-exempt) participating in the Youth Turkey Hunt must each be accompanied by a non-hunting supervisor (parent, guardian or responsible adult). If the youth is hunting with a firearm, a nonresident supervisor must have a valid Illinois hunting license.

3) The non-hunting supervisor must remain with the hunting youth so as to have the youth under immediate control. Each supervisor may only accompany a single youth at any given time during the hunt. The supervising adult shall be criminally liable for the actions of the youth in the hunting party and shall be subject to the criminal penalties provided by law.

4) All regulations prescribed by Section 710.30 apply during the Youth Turkey Hunt. f) The following sites will be open to holders of a valid Youth Turkey Hunt Permit for the county in which the site is located. Persons wishing to hunt one of the listed sites should contact that site prior to hunting for information about site regulations and restrictions. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by a (2).

Anderson Lake State Fish and Wildlife Area

Apple River Canyon State Park − Thompson and Salem Units (2)

Argyle Lake State Park

ILLINOIS REGISTER 9600 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Big Bend State Fish and Wildlife Area (Whiteside County)

Big River State Forest (2)

Cache River State Natural Area

Cape Bend State Fish and Wildlife Area

Carlyle Lake State Fish and Wildlife Area (2)

Carlyle Lake State Fish and Wildlife Area – East Fork Management Unit (2)

Copperhead Hollow State Wildlife Area (2)

Crab Orchard National Wildlife Refuge Public Hunting Area

Crawford County State Fish Wildlife Area

Cypress Pond State Natural Area

Deer Pond State Natural Area

Devil's Island State Fish and Wildlife Area

Dog Island State Wildlife Management Area

Ferne Clyffe State Park − Cedar Draper State Habitat Area

Giant City State Park

Green River State Wildlife Area (2)

Hanover Bluff State Natural Area (2)

Horseshoe Lake State Conservation Area − Alexander County

Kaskaskia River State Fish and Wildlife Area

ILLINOIS REGISTER 9601 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Kinkaid Lake State Fish and Wildlife Area

Lake Shelbyville Project Land (U.S. Army Corps of Engineers managed) – Moultrie County

Lake Shelbyville Project Land (U.S. Army Corps of Engineers managed) – Shelby County

Mackinaw River State Fish and Wildlife Area (2)

Marshall State Fish and Wildlife Area

Mermet Lake State Fish and Wildlife Area (2)

Moraine View State Park (2)

Mississippi River Area Pools 21, 22, 24, 25 and 26

Mt. Vernon Game Propagation Center (1)

Nauvoo State Park (Max Rowe Unit Only) (2)

Newton Lake State Fish and Wildlife Area (2)

Pere Marquette State Park (open area east of Graham Hollow Road only) (2)

Pyramid State Park (2)

Pyramid State Park − East Conant Unit (2)

Rall Woods State Natural Area (2)

Ray Norbut State Fish and Wildlife Area (2)

Rend Lake Corps of Engineers-managed land in Jefferson and Franklin Counties

Rend Lake State Fish and Wildlife Area

ILLINOIS REGISTER 9602 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Sahara Woods State Fish and Wildlife Area (2)

Sam Parr State Fish and Wildlife Area (2)

Shelbyville State Fish and Wildlife Area (2)

Sielbeck Forest State Natural Area (2)

Siloam Springs State Park (2)

Siloam Springs State Park (Buckhorn Unit) (2)

Skinner Farm State Habitat Area

Spoon River State Forest (2)

Tapley Woods State Natural Area (2)

Trail of Tears State Forest

Ten Mile Creek State Fish and Wildlife Area

Turkey Bluffs State Fish and Wildlife Area

Union County State Conservation Area

Weinberg-King State Park (2)

Weinberg-King State Park (Cecil White Unit) (2)

Weinberg-King State Park (Scripps Unit) (2)

Weinberg-King State Park (Spunky Bottoms Unit) (2)

Winston Tunnel State Natural Area (2)

Wise Ridge State Natural Area

ILLINOIS REGISTER 9603 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Witkowsky State Wildlife Area (2) g) Statewide regulations shall apply except that all hunting is allowed by site-specific permit only. The Department of Natural Resources allocates permits for these areas through the lottery process set forth in Section 710.70(d). This permit is only valid for the specific site and season indicated on the permit.

Burning Star State Fish and Wildlife Area (2)

Butterfield Trail State Recreation Area (2)

Castle Rock State Park (2)

Clinton Lake State Recreation Area (2)

Coffeen Lake State Fish and Wildlife Area (2)

Crab Orchard National Wildlife Refuge (Closed Portion)

Eldon Hazlet State Park (2)

Embarras River Bottoms State Habitat Area (2)

Ferne Clyffe State Park − Ferne Clyffe Hunting Area

Harry "Babe" Woodyard State Natural Area (2)

Heidecke State Fish and Wildlife Area (Jugtown Unit)

Hidden Springs State Forest (2)

Iroquois County State Fish and Wildlife Area (2)

Jim Edgar Panther Creek State Fish and Wildlife Area

Kankakee River State Park

Kickapoo State Recreation Area (2)

ILLINOIS REGISTER 9604 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Middle Fork State Fish and Wildlife Area (2)

Momence Wetlands

Ramsey Lake State Park (2)

Sam Dale Lake State Fish and Wildlife Area (2)

Sand Ridge State Forest

Sangchris Lake State Park

Stephen A. Forbes State Park (2)

Wayne Fitzgerrell State Recreation Area

Weldon Springs − Piatt County Unit (2)

(Source: Amended at 43 Ill. Reg. 9581, effective August 23, 2019)

ILLINOIS REGISTER 9605 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: The Taking of Wild Turkeys – Fall Gun Season

2) Code Citation: 17 Ill. Adm. Code 715

3) Section Numbers: Adopted Actions: 715.20 Amendment 715.30 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.20, 2.9, 2.10, 2.11 and 2.20 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.20, 2.9, 2.10, 2.11 and 2.20].

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5568; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

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

ILLINOIS REGISTER 9606 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

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

ILLINOIS REGISTER 9607 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 715 THE TAKING OF WILD TURKEYS – FALL GUN SEASON

Section 715.10 Hunting Season, Open Counties and Permit Quotas 715.20 Statewide Turkey Permit Requirements 715.21 Turkey Permit Requirements − Special Hunts 715.25 Turkey Permit Requirements – Landowner/Tenant Permits 715.30 Turkey Hunting Regulations 715.40 Regulations at Various Department-Owned or -Managed Sites

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.20, 2.9, 2.10, 2.11 and 2.20 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 13 Ill. Reg. 14950, effective September 6, 1989; amended at 14 Ill. Reg. 12421, effective July 20, 1990; amended at 15 Ill. Reg. 11618, effective August 2, 1991; amended at 16 Ill. Reg. 11101, effective June 30, 1992; amended at 17 Ill. Reg. 10858, effective July 1, 1993; amended at 18 Ill. Reg. 10013, effective June 21, 1994; amended at 19 Ill. Reg. 11806, effective August 3, 1995; amended at 20 Ill. Reg. 10898, effective August 5, 1996; amended at 21 Ill. Reg. 9110, effective June 26, 1997; amended at 22 Ill. Reg. 14866, effective August 3, 1998; amended at 23 Ill. Reg. 9091, effective July 28, 1999; amended at 24 Ill. Reg. 8965, effective June 19, 2000; amended at 25 Ill. Reg. 11460, effective August 14, 2001; amended at 26 Ill. Reg. 13855, effective September 5, 2002; amended at 27 Ill. Reg. 12650, effective July 21, 2003; amended at 28 Ill. Reg. 11904, effective July 27, 2004; amended at 29 Ill. Reg. 15542, effective September 27, 2005; amended at 29 Ill. Reg. 18938, effective November 4, 2005; amended at 30 Ill. Reg. 14518, effective August 24, 2006; amended at 31 Ill. Reg. 11711, effective July 27, 2007; amended at 32 Ill. Reg. 14830, effective August 27, 2008; amended at 33 Ill. Reg. 13911, effective September 21, 2009; amended at 34 Ill. Reg. 10814, effective July 16, 2010; amended at 35 Ill. Reg. 15259, effective September 2, 2011; amended at 37 Ill. Reg. 19283, effective November 14, 2013; amended at 39 Ill. Reg. 10983, effective July 27, 2015; amended at 40 Ill. Reg. 10654, effective July 20, 2016; amended at 41 Ill. Reg. 8754, effective June 28, 2017; amended at 42 Ill. Reg. 13199, effective June 22, 2018; amended at 43 Ill. Reg. 9605, effective August 23, 2019.

Section 715.20 Statewide Turkey Permit Requirements

ILLINOIS REGISTER 9608 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

a) All turkey hunters must have a current, valid Fall Shotgun Wild Turkey Hunting Permit. Lifetime licenses issued after August 15, 2006 shall not qualify a nonresident of Illinois for a resident turkey permit. All hunters, except those exempted by Section 3.1 of the Wildlife Code [520 ILCS 5] are also required to obtain a hunting license before hunting wild turkey. Fees for fall shotgun turkey permits are as follows:To take, or attempt to take, a wild turkey, Illinois residents must first obtain a "Wild Turkey Hunting Permit" from the Department of Natural Resources for a fee of $15. Lifetime licenses issued after August 15, 2006 shall not qualify a non-resident of Illinois for a resident turkey permit. Non-resident turkey hunters shall be charged the maximum fee allowed by Section 2.11 of the Wildlife Code [520 ILCS 5/2.11] for each turkey hunting permit. All hunters, except those exempted by Section 3.1 of the Wildlife Code [520 ILCS 5/3.1], are required to obtain a hunting license before hunting wild turkey. Permits are issued for a specific county or area and are valid only in the county or area designated on the permit. Hunting without a valid turkey permit is a Class B misdemeanor (see 520 ILCS 5/2.9). Applications for wild turkey permits shall be completed by applying on-line at www.dnr.state.il.us or by calling DNR-Direct License sales at 1-888-6PERMIT (1-888-673-7648).

1) Permits issued via lottery by Permit Office: Illinois Resident Lottery Permit − $15 Nonresident Lottery Permit − $125

2) Over-the-Counter (OTC) Permits sold by license vendors pursuant to subsection (f); all prices include vendor's issuing fee: Illinois Resident OTC Permit − $15.50 Nonresident OTC Permit − $125.50 b) Permits are issued for a specific county or area and are valid only in the county or area designated on the permit. Applications for wild turkey permits shall be completed and submitted by visiting one of the Illinois Department of Natural Resources' license vendors, by applying on-line at www.dnr.illinois.gov, or by writing to:

Department of Natural Resources – Fall Shotgun Turkey One Natural Resources Way P.O. Box 19446 Springfield IL 62794-9446

ILLINOIS REGISTER 9609 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

cb) Applicants must supply all information necessary to complete the application. Incomplete applications shall be rejected and fees returned. Each applicant must submit payment for his/her individual application at the time of application. Not more than 6 applications may be submitted for group hunters. Applicants submitting applications within three weeks prior to the season shall not be guaranteed receipt of permit by start of season. dc) Applications shall be accepted from residents only from the date on which they became available through the first Monday in July. Permits are not transferable and refunds shall not be granted. Permits shall be allocated in a computerized drawing to be held in Springfield. Applications received after the first Monday in July shall not be included in the drawing. ed) Permits not issued during the first computerized drawing shall be available in a second computerized lottery drawing. Applications for this drawing will be accepted through the seventh Monday after the initial lottery deadline. Applications received after this date will not be included in the drawing. All hunters not receiving a permit in the first computerized drawing and non-residents may apply at this time for the available permits. Illinois residents will be given preference for permits allocated in the second lottery drawing. fe) Permits not issued during the second computerized drawing shall be available OTC from agents designated by the Department (pursuant to 17 Ill. Adm. Code 2520) beginningPermits remaining after the two lotteries will be available in a drawing that will have an application deadline of the fourth Monday after the second lottery deadline on a first-come, first-served basis. Permits will be sold until quotas are exhausted, or until the close of the season. Persons may purchase one or more permits during this period, subject to availability, except that no one may exceed the limit. Applications received after this date will not be included in the drawing. This lottery is open to hunters applying for their first and/or second permits. Hunters may obtain a maximum of two permits in total, including landowner permitsfor the fall gun season. gf) A $3 service fee shall be charged for replacement permits issued by the Department, except when permits are lost in the mail, no charge will be made. hg) It shall be unlawful to:

ILLINOIS REGISTER 9610 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Submit applications before the second computerized lottery drawing for more than one permit for the same person. Violation is a Class B misdemeanor (see 520 ILCS 5/2.9);

2) Apply for or receive more than two permits for the fall gun turkey season. Violation is a Class B misdemeanor (see 520 ILCS 5/2.9); or

3) Provide false and/or deceptive information on a permit application form. In addition to criminal charges, individuals found guilty of violating this Section shall have their application rejected, permit revoked, and fees forfeited. Violation is a Class A misdemeanor (see 520 ILCS 5/2.38).

(Source: Amended at 43 Ill. Reg. 9605, effective August 23, 2019)

Section 715.30 Turkey Hunting Regulations

a) Violation of this Section is a Class B misdemeanor (see 520 ILCS 5/2.9), except that hunting prior to ½ hour before sunrise or after ½ hour after sunset is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine in addition to other statutory penalties (see 520 ILCS 5/2.33(y)). It is unlawful:

1) to use live or electronic turkey decoys, recorded calls, dogs or bait. An area is considered as baited during the presence of and for 10 consecutive days following the removal of bait;

2) to take, or attempt to take, more than one wild turkey per valid permit (either sex may be harvested);

3) to use any weapon except a shotgun. #4 shot is the largest size shot that may be legally used;

4) to hunt except from ½ hour before sunrise to sunset during each day of the season;

5) for any person to hunt wild turkeys without having a signed Wild Turkey Hunting Permit in possession, except that a person without a weapon may accompany a turkey hunter as a caller or observer;

6) to transport or leave a wild turkey without first affixing the adhesive-

ILLINOIS REGISTER 9611 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

backed turkey permit securely around the leg in the manner prescribed on the permit. Immediately upon kill and before the turkey is moved, transported or field dressed, the hunter must cut out the designated notch on the leg tag to invalidate the leg tagit, and the tag must be affixed to the turkey (for OTC permits, the leg tag is invalidated by detaching it from the permit; for permits issued by the Permit Office, the leg tag is invalidated by cutting out the designated notch on the tag);

7) for any person to shoot a wild turkey while it is in a tree before 7:00 a.m.; and

8) to possess while in the field, during turkey season, any turkey permit issued to another person. (Permits are non-transferrable.) b) Successful hunters must register their harvest by 10:00 p.m. on the same calendar day the turkey was taken by calling the toll-free telephone check-in system at 1-866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. Hunters must provide all information requested by the check-in system, and will be provided with a confirmation number to verify that they checked in their harvest. The confirmation number must be written by the hunter onto the leg tag. The leg tag must remain attached to the leg of the turkey until it is at the legal residence of the person who legally took or possessed the turkey and the turkey has been checked in. The turkey must remain whole (or field dressed) until it has been checked in. c) Failure to comply with the regulations in this Part is a Class B misdemeanor (see 520 ILCS 5/2.9).

(Source: Amended at 43 Ill. Reg. 9605, effective August 23, 2019)

ILLINOIS REGISTER 9612 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: The Taking of Wild Turkeys – Fall Archery Season

2) Code Citation: 17 Ill. Adm. Code 720

3) Section Numbers: Adopted Actions: 720.30 Amendment 720.40 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 2.9, 2.10, 2.11 and 2.20 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 2.9, 2.10, 2.11 and 2.20].

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5575; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

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

ILLINOIS REGISTER 9613 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

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

ILLINOIS REGISTER 9614 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 720 THE TAKING OF WILD TURKEYS – FALL ARCHERY SEASON

Section 720.10 Hunting Seasons and Counties Open to Hunting 720.20 Statewide Turkey Permit Requirements 720.25 Turkey Permit Requirements – Landowner/Tenant Permits 720.30 Turkey Hunting Regulations 720.40 Regulations at Various Department-Owned or -Managed Sites 720.50 Releasing or Stocking of Turkeys (Repealed)

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 2.9, 2.10, 2.11 and 2.20 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted and codified at 8 Ill. Reg. 7825, effective May 22, 1984; emergency amendments at 8 Ill. Reg. 20086, effective October 12, 1985, for a maximum of 150 days; emergency expired March 2, 1985; amended at 9 Ill. Reg. 14311, effective September 5, 1985; amended at 11 Ill. Reg. 9556, effective May 5, 1987; amended at 12 Ill. Reg. 12254, effective July 15, 1988; amended at 13 Ill. Reg. 12831, effective July 21, 1989; amended at 14 Ill. Reg. 12413, effective July 20, 1990; amended at 15 Ill. Reg. 11611, effective August 2, 1991; amended at 16 Ill. Reg. 11093, effective June 30, 1992; amended at 16 Ill. Reg. 15442, effective September 28, 1992; amended at 17 Ill. Reg. 281, effective December 28, 1992; amended at 17 Ill. Reg. 10850, effective July 1, 1993; amended at 18 Ill. Reg. 10104, effective June 21, 1994; amended at 19 Ill. Reg. 11799, effective August 3, 1995; amended at 20 Ill. Reg. 10890, effective August 5, 1996; amended at 21 Ill. Reg. 9102, effective June 26, 1997; amended at 22 Ill. Reg. 14856, effective August 3, 1998; amended at 23 Ill. Reg. 9082, effective July 28, 1999; amended at 24 Ill. Reg. 8956, effective June 19, 2000; amended at 25 Ill. Reg. 11448, effective August 14, 2001; amended at 26 Ill. Reg. 13867, effective September 5, 2002; amended at 27 Ill. Reg. 12658, effective July 21, 2003; amended at 28 Ill. Reg. 13612, effective September 24, 2004; amended at 29 Ill. Reg. 18345, effective August 26, 2005; amended at 29 Ill. Reg. 18944, effective November 4, 2005; amended at 30 Ill. Reg. 12240, effective June 28, 2006; amended at 31 Ill. Reg. 11723, effective July 27, 2007; amended at 32 Ill. Reg. 14843, effective August 27, 2008; amended at 33 Ill. Reg. 13918, effective September 21, 2009; amended at 34 Ill. Reg. 10821, effective July 16, 2010; amended at 35 Ill. Reg. 15268, effective September 2, 2011; amended at 37 Ill. Reg. 19297, effective November 14, 2013; amended at 39 Ill. Reg. 10997,

ILLINOIS REGISTER 9615 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS effective July 27, 2015; amended at 40 Ill. Reg. 10661, effective July 20, 2016; amended at 41 Ill. Reg. 8762, effective June 28, 2017; amended at 42 Ill. Reg. 13208, effective June 22, 2018; amended at 43 Ill. Reg. 9612, effective August 23, 2019.

Section 720.30 Turkey Hunting Regulations

a) It is unlawful:

1) to use live or electronic turkey decoys, recorded calls, dogs or bait. An area is considered as baited during the presence of and for 10 consecutive days following the removal of bait;

2) to take, or attempt to take, more than 1 wild turkey per valid permit during the fall archery season (either sex may be harvested);

3) to use any weapon except:

A) a long, recurved or compound bow with a minimum pull of 30 pounds at some point within a 28 inch draw. Minimum arrow length is 20 inches, and broadheads must be used;

B) crossbows and bolts specified in 17 Ill. Adm. Code 760.21;

C) arrows or bolts equipped with broadheads. Broadheadsbroadheads may have fixed or expandable cutting surfaces, but they must have a minimum ⅞ inch diameter when fully opened. Broadheads with fixed blades must be metal or flint-, chert-, or obsidian-napped; broadheads with expandable cutting surfaces must be metal. All other bows and arrows, including electronic arrow tracking systems utilizing radio telemetry, are illegal;

4) to hunt except from ½ hour before sunrise to ½ hour past sunset each day of the season;

5) for any person having taken the limit of wild turkeys to further participate with a weapon in any hunting party for the purpose of taking additional turkeys;

65) for any person to hunt wild turkeys without having a signed Archery Wild

ILLINOIS REGISTER 9616 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Turkey Hunting Permit in possession, except that a person without a weapon may accompany a turkey hunter as a caller or observer;

76) to transport or leave a wild turkey without first affixing the turkey permit securely around the leg. Immediately upon kill and before the turkey is moved, transported or field dressed, the hunter must invalidate the leg tag and the tag must be affixed to the turkey (for over-the-counter permits the leg tag is invalidated by detaching it from the permit; for property only hunting (POH) landowner permits, the leg tag is invalidated by cutting out the designated notch on the tag); and

8) for any person to shoot a wild turkey while it is in a tree before 7:00 a.m.; and

97) to possess, while in the field during archery turkey season, any turkey permit issued to another person.

b) Successful hunters must register their harvest by 10:00 p.m. on the same calendar day the turkey was taken by calling the toll-free telephone check-in system at 1-866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. Hunters must provide all information requested by the check-in system, and will be provided with a confirmation number to verify that they checked in their harvest. The confirmation number must be written by the hunter onto the leg tag. The leg tag must remain attached to the leg of the turkey until it is at the legal residence of the person who legally took or possessed the turkey and the turkey has been checked in. The turkey must remain whole (or field dressed) until it has been checked in.

c) Violation of this Section is a Class B misdemeanor (see 520 ILCS 5/2.9).

(Source: Amended at 43 Ill. Reg. 9612, effective August 23, 2019)

Section 720.40 Regulations at Various Department-Owned or -Managed Sites

Statewide regulations shall apply for the following sites, except those sites designated below by asterisk (*) shall be open to archery turkey hunting without regard to firearm deer season. Those sites followed by (1) require hunters to check in and check out. Violation of a site specific regulation is a Class B misdemeanor (see 520 ILCS 5/2.9). Those sites followed by a (2) require

ILLINOIS REGISTER 9617 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS hunters to obtain a permit from the site before hunting. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (3).

Alvah Borah State Habitat Area (3)

* Anderson Lake State Conservation Area (1)

Apple River Canyon State Park – Salem and Thompson Units (3)

Argyle Lake State Park (3)

Beaver Dam State Park (site specific archery deer permit hunters only; disabled hunting is available in the designated blind location upon request; Class P2A, disabled hunters, are required to be accompanied by a non-disabled hunter, who may also hunt from the same blind location) (2)

Big Bend State Fish and Wildlife Area (1)

Big River State Forest (3)

Butterfield Trail State Recreation Area (3)

Cache River State Natural Area (1)

Campbell Pond State Wildlife Management Area (3)

Cape Bend State Fish and Wildlife Area (1)

Carlyle Lake Lands and Waters – Corps of Engineers Managed Lands

Carlyle Lake State Fish and Wildlife Management Area (subimpoundment area closes 7 days prior to the start of the waterfowl season for the zone in which Carlyle Lake is located) (3)

Castle Rock State Park (3)

Chain O'Lakes State Park (closed FridayWednesday through Sunday of pheasant season; opens Monday prior to pheasant season and closes Tuesday following close of pheasant season; reopens December 26 through the close of regular season) (1)

ILLINOIS REGISTER 9618 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Chauncey Marsh State Natural Area (3)

Clinton Lake State Recreation Area (3)

Coffeen Lake State Fish and Wildlife Area (3)

Copperhead Hollow State Fish and Wildlife Area (3)

Crawford County State Conservation Area (3)

Cretaceous Hills State Natural Area (3)

Cypress Pond State Natural Area (1)

Deer Pond State Natural Area (1)

Devil's Island State Fish and Wildlife Area

Dixon Springs State Park (1)

Dog Island State Wildlife Management Area (3)

Eagle Creek State Park (3)

Eldon Hazlet State Park (archery hunting is closed in the designated controlled pheasant hunting area on days when the controlled pheasant hunting program is in operation) (3)

Embarrass River Bottoms State Habitat Area (3)

Ferne Clyffe State Park (1)

Flag Pond State Natural Area (3)

Fort de Chartres State Historic Site

* Fort Kaskaskia State Historic Site (opens November 1) (1)

Fort Massac State Park (1)

ILLINOIS REGISTER 9619 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Fox Ridge State Park (3)

Frank Holten State Park (opens November 1; crossing of Harding Ditch within confines of site allowed, no hunting from Harding Ditch right-of-way) (3)

Franklin Creek State Park (hunting in designated area only) (3)

French Bluff State Natural Area (3)

Giant City State Park (1)

Green River State Wildlife Area (3)

Hamilton County State Conservation Area (3)

Hanover Bluff State Natural Area (3)

Harry "Babe" Woodyard State Natural Area (3)

Hennepin Canal Parkway (open only to hunters with valid site deer permit and a valid archery turkey permit) (2)

Hidden Springs State Forest (3)

Horseshoe Lake State Fish and WildlifeConservation Area (Alexander County) (controlled goose hunting area closes October 31closed 7 days prior to Quota Zone goose season through the close of the Quota Zone goose season; remainder of the public hunting area open during the statewide season) (1) (2)

* Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein and Chouteau Island Units (2)

Iroquois County State Wildlife Area (3)

Jim Edgar Panther Creek State Fish and Wildlife Area (3)

Johnson-Sauk Trail State Park (closed Wednesday through Sunday during site's pheasant permit season) (3)

ILLINOIS REGISTER 9620 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Jubilee College State Park (1)

Kankakee River State Park (archery hunters must wear a cap and upper outer garment with at least 400 square inches of solid blaze orange/pink between 9:00 a.m. and 3:00 p.m. on days when upland game hunting is allowed during the site's controlled hunting season) (3)

Kaskaskia River State Fish and Wildlife Area (no hunting within 50 yards of the Baldwin Lake Waterfowl Rest Area's main north-south road; this defined waterfowl rest area is closed until the Columbus Day holiday) (1 – except south of Highway 154 and north of Highway 13)

Kickapoo State Recreation Area (3)

Kinkaid Lake State Fish and Wildlife Area

Kishwaukee River State Fish and Wildlife Area (3)

* Lincoln Trail State Park (opens November 1) (1)

Lowden-Miller State Forest (3)

Lowden State Park (closed Friday through Sunday and on Columbus Day in October; beginning November 1, archery hunting is allowed 7 days a week) (3)

Mackinaw River State Fish and Wildlife Area (3)

Marseilles State Fish and Wildlife Area (fall archery turkey season closes the first Thursday after January 10; closed Friday, Saturday, and Sunday in October; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may only enter the site from designated parking lots) (1)

Marshall State Fish and Wildlife Area (Duck Ranch Unit closed 7 days prior to the duck season through the close of duck season) (3)

Mautino State Fish and Wildlife Area (3)

Maytown Pheasant Habitat Area (hunting allowed during October only) (3)

ILLINOIS REGISTER 9621 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Meeker State Habitat Area (3)

Mermet Lake State Fish and Wildlife Area (3)

Middle Fork State Fish and Wildlife Area (3)

Mississippi Palisades State Park (3)

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26)

Mississippi River Pools 16, 17 and 18

Mississippi River Pools 21, 22 and 24

Moraine View State Park (closed Wednesday through Sunday during site's controlled pheasant season) (3)

* Mt. Vernon Propagation Center (1)

Nauvoo State Park (Max Rowe Unit only) (3)

Newton Lake State Fish and Wildlife Area (3)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (east subunit closed November 1) (1)

Pere Marquette State Park (3)

Pere Marquette State Park – Group Camp Area (2)

Pyramid State Park (3)

Pyramid State Park – East Conant Unit (3)

Rall Woods State Natural Area (3)

* Ramsey Lake State Park (3)

ILLINOIS REGISTER 9622 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

* Randolph County State Conservation Area

Rauchfuss Hill State Recreation Area (3)

Ray Norbut State Fish and Wildlife Area (3)

* Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (3)

Ray Norbut State Fish and Wildlife Area – East Hannibal Unit (3)

Red Hills State Park (3)

* Rend Lake Project Lands and Waters

Sahara Woods State Fish and Wildlife Area (3)

Saline County State Conservation Area (3)

* Sam Dale Lake State Fish and Wildlife Area (3)

* Sam Parr State Fish and Wildlife Area (3)

Sand Ridge State Forest (3)

Sandy Ford State Natural Area (1)

Sanganois State Fish and Wildlife Area (3)

* Sangchris Lake State Park (site will be closed to archery deer and turkey hunting during the second firearm deer season) (3)

* Shabbona Lake State Park (3)

Shelbyville Lake – Corps of Engineers Managed Lands

Shelbyville State Fish and Wildlife Management Area (3)

Sielbeck Forest State Natural Area (3)

ILLINOIS REGISTER 9623 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Siloam Springs State Park (3)

* Siloam Springs State Park – Buckhorn Unit (resident hunters only) (3)

Skinner Farm State Habitat Area (3)

Sparks Pond Land and Water Reserve (3)

Spoon River State Forest (3)

* Spring Lake State Fish and Wildlife Area (3)

Starved Rock State Park/Matthiessen State Park (no turkey hunting in the nature preserves; open only in areas where archery deer hunting is allowed other than nature preserves; must have valid archery deer permit in possession to hunt turkeys; open concurrent with site archery deer season) (1)

* Stephen A. Forbes State Park (3)

Tapley Woods State Natural Area (3)

Ten Mile Creek State Fish and Wildlife Area (3)

Trail of Tears State Forest (1)

Turkey Bluffs State Fish and Wildlife Area

Union County State Conservation Area (Fire Line Unit open throughout statewide season; Controlled Hunting Area open October 1 through October 31) (1)

Walnut Point State Park (3)

* Washington County State Conservation Area (1)

Wayne Fitzgerrell State Park (no hunting during controlled hunts as posted at the site) (1)

Weinberg-King State Park (3)

ILLINOIS REGISTER 9624 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Weinberg-King State Park – Cecil White Unit (3)

Weinberg-King State Park – Scripps Unit (resident hunters only) (3)

Weinberg-King State Park – Spunky Bottoms Unit (resident hunters only) (3)

White Pines Forest State Park (closed Friday through Sunday and on Columbus Day in October; beginning November 1, archery hunting is allowed 7 days a week, excluding the site's special firearm deer season) (3)

Wildcat Hollow State Forest (3)

Winston Tunnel State Natural Area (3)

Wise Ridge State Natural Area

Witkowsky State Wildlife Area (opens October 15) (3)

* Zoeller State Natural Area (site specific archery deer permit hunters only) (3)

(Source: Amended at 43 Ill. Reg. 9612, effective August 23, 2019)

ILLINOIS REGISTER 9625 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Dove Hunting

2) Code Citation: 17 Ill. Adm. Code 730

3) Section Number: Adopted Action: 730.20 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 2.9, 2.10, 2.11 and 2. 20 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 2.9, 2.10, 2.11 and 2.20].

5) Effective Date of Rule: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5588; May 17, 2019

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

11) Differences between Proposal and Final Version: In Section 730.20, the site "Horseshoe Lake State Conservation Area (Alexander County)" has been corrected to read "Horseshoe Lake State Fish and Wildlife Area (Alexander County)"; subsection (c), "(Alexander County)" has been added after "Horseshoe Lake State Fish and Wildlife Area".

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

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

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

ILLINOIS REGISTER 9626 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

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

John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

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

ILLINOIS REGISTER 9627 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 730 DOVE HUNTING

Section 730.10 Statewide Regulations 730.20 Regulations at Various Department-Owned or -Managed Sites 730.30 Youth and Youth/Adult Dove Hunts at Various Department-Owned or -Managed Sites (Repealed) 730.40 Youth Dove Hunting

AUTHORITY: Implementing and authorized by Sections 1.3 and 1.4 of the Wildlife Code [520 ILCS 5].

SOURCE: Adopted at 5 Ill. Reg. 8792, effective August 25, 1981; codified at 5 Ill. Reg. 10644; amended at 6 Ill. Reg. 9631, effective July 21, 1982; emergency amendment at 6 Ill. Reg. 10040, effective August 2, 1982, for a maximum of 150 days; emergency expired December 30, 1982; amended at 7 Ill. Reg. 10767, effective August 24, 1983; emergency amendment at 7 Ill. Reg. 10999, effective August 24, 1983, for a maximum of 150 days; amended at 8 Ill. Reg. 13680, effective July 25, 1984; amended at 9 Ill. Reg. 11601, effective July 16, 1985; emergency amendment at 9 Ill. Reg. 14025, effective September 4, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 15590, effective September 16, 1986; amended at 11 Ill. Reg. 9526, effective May 5, 1987; amended at 11 Ill. Reg. 11346, effective June 10, 1987; amended at 12 Ill. Reg. 12186, effective July 15, 1988; amended at 13 Ill. Reg. 10513, effective June 15, 1989; amended at 14 Ill. Reg. 11193, effective June 29, 1990; amended at 15 Ill. Reg. 9951, effective June 24, 1991; amended at 16 Ill. Reg. 11041, effective June 30, 1992; amended at 17 Ill. Reg. 10761, effective July 1, 1993; amended at 18 Ill. Reg. 10009, effective June 21, 1994; amended at 19 Ill. Reg. 10588, effective July 1, 1995; amended at 20 Ill. Reg. 10861, effective August 5, 1996; amended at 21 Ill. Reg. 11700, effective August 12, 1997; amended at 22 Ill. Reg. 14792, effective August 3, 1998; amended at 23 Ill. Reg. 9043, effective July 28, 1999; amended at 24 Ill. Reg. 8911, effective June 19, 2000; amended at 25 Ill. Reg. 11373, effective August 14, 2001; amended at 26 Ill. Reg. 13590, effective September 3, 2002; amended at 27 Ill. Reg. 12666, effective July 21, 2003; amended at 28 Ill. Reg. 12865, effective September 1, 2004; amended at 29 Ill. Reg. 9797, effective June 24, 2005; amended at 30 Ill. Reg. 12251, effective June 28, 2006; amended at 31 Ill. Reg. 11738, effective July 27, 2007; amended at 32 Ill. Reg. 14857, effective August 27, 2008; amended at 33 Ill. Reg. 9702, effective June 26, 2009;

ILLINOIS REGISTER 9628 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT amended at 34 Ill. Reg. 12831, effective August 20, 2010; amended at 35 Ill. Reg. 13234, effective July 26, 2011; amended at 37 Ill. Reg. 20717, effective December 12, 2013; amended at 39 Ill. Reg. 11014, effective July 27, 2015; amended at 40 Ill. Reg. 10672, effective July 20, 2016; amended at 41 Ill. Reg. 8779, effective June 28, 2017; amended at 42 Ill. Reg. 13222, effective June 22, 2018; amended at 43 Ill. Reg. 9625, effective August 23, 2019.

Section 730.20 Regulations at Various Department-Owned or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping apply in this Section, unless this Section is more restrictive.

b) General Regulations

1) Hunters shall possess only lead or an approved non-toxic (as defined by the U.S. Fish and Wildlife Service in 50 CFR 20) shot, such as bismuth, of size #7.5 or smaller, or steel shot size #6 or smaller for taking of doves, except as noted in subsection (b)(2), and except these restrictions do not apply after October 31.

2) Only U.S. Fish and Wildlife Service approved non-toxic shot may be possessed for doves on the following areas:

Anderson Lake State Conservation Area

Banner Marsh State Fish and Wildlife Area

Big Bend State Fish and Wildlife Area (#)

Big River State Forest

Burning Star State Fish and Wildlife Area

Cache River State Natural Area

Cape Bend State Fish and Wildlife Area

Carlyle Lake State Fish and Wildlife Area

Chain O'Lakes State Park

ILLINOIS REGISTER 9629 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Clinton Lake State Recreation Area (dove management fields only)

Coffeen Lake State Fish and Wildlife Area

Copperhead Hollow State Fish and Wildlife Area

Crawford County State Fish and Wildlife Area

Des Plaines State Conservation Area

Dixon Springs State Park

Double T State Fish and Wildlife Area

Edward Madigan State Park (dove management fields only)

Eldon Hazlet State Park

Fox Ridge State Park

Green River State Wildlife Area

Harry "Babe" Woodyard State Natural Area

Hennepin Canal Parkway State Park

Horseshoe Lake State Fish and WildlifeConservation Area (Alexander County)

Horseshoe Lake State Park (Madison County)

Horseshoe Lake State Park (Madison County) Gabaret, Mosenthein, Chouteau Island Unit

Jim Edgar Panther Creek State Fish and Wildlife Area

Johnson-Sauk Trail State Park

ILLINOIS REGISTER 9630 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Jubilee College State Park

Kankakee River State Park

Kaskaskia River State Fish and Wildlife Area (designated areas)

Kickapoo State Recreation Area

Lake Le Aqua Na State Park

Mackinaw River State Fish and Wildlife Area

Marshall State Fish and Wildlife Area

Matthiessen State Park

Mautino State Fish and Wildlife Area

Middle Fork State Fish and Wildlife Area

Mississippi River State Fish and Wildlife Area (Pools 25 and 26)

Moraine View State Park

Mt. Vernon Game Propagation Center

Peabody River King State Fish and Wildlife Area

Pere Marquette State Park

Pyramid State Park – Captain Unit

Pyramid State Park – Denmark Unit

Pyramid State Park – East Conant Unit

Pyramid State Park – Galum Unit

Ramsey Lake State Park

ILLINOIS REGISTER 9631 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Ray Norbut State Fish and Wildlife Area

Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake

Rice Lake State Fish and Wildlife Area

Sam Parr State Fish and Wildlife Area

Sand Prairie Pheasant Habitat Area

Sanganois State Fish and Wildlife Area

Sangchris Lake State Park

Shabbona Lake State Park

Shelbyville State Fish and Wildlife Area

Siloam Springs State Park

Siloam Springs State Park – Buckhorn Unit

Silver Springs State Fish and Wildlife Area

Skinner Farm State Habitat Area

Snakeden Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area

Spoon River State Forest

Starved Rock State Park

Stephen A. Forbes State Recreation Area

Ten Mile Creek State Fish and Wildlife Area (areas posted as rest area)

ILLINOIS REGISTER 9632 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Union County State Fish and Wildlife Area

Weinberg-King State Park

3) On areas where hunters are required to hunt from marked or staked sites, hunters must hunt within 10 feet of the marked site.

4) No hunting is allowed within 100 yards of a designated dove management field except for hunters who are part of the hunter quota for that field.

5) At sites indicated by (#), hunters are required to check in and/or sign out as provided in 17 Ill. Adm. Code 510. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (1).

6) At sites where additional regulations apply, they are noted in parentheses after the site name.

7) Hunting hours and hunting dates at all sites that are open during the upland game season shall coincide with hunting hours and hunting dates listed for the respective sites listed in 17 Ill. Adm. Code 530. c) Statewide season regulations as provided for in this rule shall apply at the following sites:

Argyle Lake State Park (season opens day after Labor Day) (1)

Burning Star State Fish and Wildlife Area (1)

Cache River State Natural Area (#)

Campbell Pond State Wildlife Management Area (1)

Cape Bend State Fish and Wildlife Area (#)

Carlyle Lake Lands and Waters – Corps of Engineers managed lands (#)

Carlyle Lake State Fish and Wildlife Area (1)

ILLINOIS REGISTER 9633 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Chauncey Marsh State Natural Area (permit required; may be obtained at Red Hills State Park headquarters; permits must be returned by 15 February) (1)

Copperhead Hollow State Fish and Wildlife Area (1)

Corps of Engineers managed areas of Rend Lake

Cypress Pond State Natural Area (#)

Deer Pond State Natural Area (#)

Devil's Island State Fish and Wildlife Area

Dixon Springs State Park (2)

Dog Island State Wildlife Management Area (1)

Ferne Clyffe State Park (#)

Ft. de Chartres State Historic Site (muzzleloading shotgun only) (#)

Ft. Massac State Park (1)

Freeman Mine (permit required)

Giant City State Park (#)

Horseshoe Lake State Fish and Wildlife Area (Alexander County) (shooting hours from noon to 5:00 p.m. September 1 through 5; sunrise to sunset thereafter to October 28) (#)

Marseilles State Fish and Wildlife Area (after Labor Day closed Friday, Saturday and Sunday through October) (#)

Marshall State Fish and Wildlife Area (1)

Meeker State Habitat Area (1)

ILLINOIS REGISTER 9634 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Mermet Lake State Fish and Wildlife Area (1)

Mississippi River Pools 16, 17 and 18

Mississippi River Pools 21, 22, 24

Nauvoo State Park – Max Rowe Unit (1)

Oakford State Conservation Area

Pere Marquette State Park (1)

Ray Norbut State Fish and Wildlife Area (1)

Red Hills State Park (1)

Sahara Woods State Fish and Wildlife Area (1)

Sand Ridge State Forest (season open from opening day of dove season through October 31) (1)

Sangamon County State Conservation Area

Sanganois State Fish and Wildlife Area (1)

Sielbeck Forest State Natural Area (1)

Siloam Springs State Park (1)

Siloam Springs State Park – Buckhorn Unit (1)

Spoon River State Forest (1)

Trail of Tears State Forest (#)

Union County State Fish and Wildlife Area – Controlled Hunting Area (shooting hours from noon to 5 p.m., September 1-5 and sunrise to sunset from September 6-October 28) (#)

ILLINOIS REGISTER 9635 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Weinberg-King State Park (1)

Weinberg-King State Park – Scripps and Spunky Bottoms Units (1)

Wildcat Hollow State Forest (1)

Wise Ridge State Natural Area d) Statewide regulations as provided in this Part shall apply at the following sites except that hunting hours are 12 noon to 5 p.m. daily September 1-5; season closes September 30. A drawing will be held at 11 a.m. if more hunters show up than can be accommodated.

Banner Marsh State Fish and Wildlife Area (sunrise to noon daily September 1-5, drawing one hour before sunrise; black powder firearms only on September 2) (#)

Chain O'Lakes State Park (1)

Double T State Fish and Wildlife Area (sunrise to noon daily September 1-5, drawing one hour before sunrise) (#)

Hennepin Canal State Park (#)

Iroquois County State Wildlife Management Area (1)

Jubilee College State Park (hunting allowed only on opening day, Saturdays, Sundays, Wednesdays and holidays) (#)

Mautino State Fish and Wildlife Area (#)

Morrison Rockwood State Park (#)

Rice Lake State Fish and Wildlife Area (sunrise to noon daily September 1-5, drawing one hour before sunrise) (#)

Sam Dale Lake State Fish and Wildlife Area (1) Snakeden Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area

ILLINOIS REGISTER 9636 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

e) Statewide regulations as provided for in this Part shall apply at the following sites, except that hunting hours are 12 noon to 5 p.m. daily September 1-5. A drawing will be held at 11 a.m. if more hunters show up than can be accommodated.

Anderson Lake State Conservation Area (#)

Big River State Forest (1)

Chain O'Lakes State Park (closes September 5)

Clinton Lake State Recreation Area (dove management fields only) (1)

Eldon Hazlet State Park (closes October 14) (1)

Fox Ridge State Park (dove management fields only) (1)

Harry "Babe" Woodyard State Natural Area (permit required) (1)

Hidden Springs State Forest (dove management fields only) (1)

Horseshoe Lake State Fish and Wildlife Area (Alexander County) (season closes at the end of the first statewide split season) (#)

Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closes October 14; the defined Baldwin Lake Waterfowl Rest Area is closed) (#)

Kinkaid State Fish and Wildlife Area (#)

Middle Fork State Fish and Wildlife Area (dove management fields only) (1)

Moraine View State Park (dove management fields only; season closes October 14) (1)

Newton Lake State Fish and Wildlife Area (dove management units) (1)

Peabody River King State Fish and Wildlife Area (East Subunit closes

ILLINOIS REGISTER 9637 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

October 14) (#)

Pyramid State Park (permit required; permit must be returned by February 15; no dove hunting is allowed September 1-5 within 200 yards of a designated dove management field, except for hunters who are part of the hunter quota for that field; all hunters must register as a group not to exceed 4 names per card; a hunter's name may only appear on one lottery card; the lottery card shall be in the possession of the hunter or group while hunting) (1)

Pyramid State Park – Captain Unit (permit required; permit must be returned by February 15; unsuccessful lottery participants and other hunters not participating in the lottery drawing may only hunt in designated areas during September 1-5 (i.e., all land west of the Western Haul Road and all land east of the Eastern Haul Road to the shore of Super Lake to South Haul Road); all hunters must register as a group not to exceed 4 names per card; a hunter's name may only appear on one lottery card; the lottery card shall be in the possession of the hunter or group while hunting) (1)

Pyramid State Park – Denmark Unit (permit required; permit must be returned by February 15; unsuccessful lottery participants and other hunters not participating in the lottery drawing may only hunt in designated areas during September 1-5 (i.e., all land south of Quonset Hut Road to Tangen Cemetery Road to Brushy Creek Road); all hunters must register as a group not to exceed 4 names per card; a hunter's name may only appear on one lottery card; the lottery card shall be in the possession of the hunter or group while hunting) (1)

Pyramid State Park – East Conant Unit (permit required; permit must be returned by February 15; no dove hunting is allowed September 1-5 within 200 yards of a designated dove management field except for hunters who are part of the hunter quota for that field; all hunters must register as a group not to exceed 4 names per card; a hunter's name may only appear on one lottery card; the lottery card shall be in the possession of the hunter or group while hunting) (1)

Pyramid State Park – Galum Unit (permit required; permit must be returned by February 15; no dove hunting is allowed September 1-5 within

ILLINOIS REGISTER 9638 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

200 yards of a designated dove management field except for hunters who are part of the hunter quota for that field; all hunters must register as a group not to exceed 4 names per card; a hunter's name may only appear on one lottery card; the lottery card shall be in the possession of the hunter or group while hunting) (1)

Randolph County State Conservation Area (#)

Shelbyville State Fish and Wildlife Area (1)

Skinner Farm State Habitat Area (#)

Turkey Bluffs State Fish and Wildlife Area (#)

Washington County State Conservation Area (closes October 14) (#) World Shooting and Recreation Complex (designated dove management fields only) (#) f) Statewide regulations as provided for in this Part shall apply at the following sites, except that hunting hours are 12 noon to 5 p.m. daily September 1-30. A drawing will be held at 11 a.m. if more hunters show up than can be accommodated.

Crawford County State Fish and Wildlife Area (1)

Hamilton County State Fish and Wildlife Area (1)

Lake Le Aqua Na State Park (#)

Sam Parr State Fish and Wildlife Area (1)

Shabbona Lake State Park (1)

Skinner Farm State Habitat Area (#)

Stephen A. Forbes State Recreation Area (season opens day after Labor Day) (1) g) Statewide regulations as provided for in this Part shall apply at the following sites, except that hunting hours are 12 noon to 5 p.m. daily. Hunting is allowed on

ILLINOIS REGISTER 9639 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

opening day, Wednesday, and Saturday only. A drawing will be held at 11 a.m. if more hunters show up than can be accommodated.

Saline County State Fish and Wildlife Area (1) h) Statewide regulations apply except that hunting hours are 12 noon to 5 p.m. from September 1-5; hunters must obtain a free permit from the Department; permits must be in possession while hunting on the site. Permit must be returned and harvest reported by February 15 or hunter will forfeit hunting privileges for that site for the following season.

Clinton Lake State Recreation Area (except dove management fields) (1)

Fox Ridge State Park (except dove management units; shooting hours after September 5 are 12 noon to sunset) (1)

Hidden Springs State Forest (except dove management fields) (1)

Kickapoo State Recreation Area (1)

Lake Shelbyville – Eagle Creek State Park (season opens day after Labor Day; closes October 14; shooting hours are 12 noon to sunset) (1)

Middle Fork State Fish and Wildlife Area (except dove management units) (1)

Moraine View State Park (except dove management fields; season closes October 14) (1)

Newton Lake State Fish and Wildlife Area (except dove management units) (1)

Shelbyville State Fish and Wildlife Area (hunters must hunt from designated stakes within dove management fields, with a maximum of 2 hunters per stake) (1) i) Statewide regulations as provided for in this Part shall apply at the following sites, except that hunting hours are sunrise to 11:30 a.m. daily September 1-5; season closes September 30. A drawing will be held one hour before sunrise if more

ILLINOIS REGISTER 9640 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

hunters show up than can be accommodated.

Mt. Vernon Game Propagation Center (#)

Ramsey Lake State Park (1)

Rend Lake State Fish and Wildlife Area (#)

Ten Mile Creek State Fish and Wildlife Area (season closes on statewide closing date) (1) j) Permit Areas

1) Permit Season Regulations

A) Permit season dates shall be September 1-5 and hunting hours are 12 noon to 5 p.m. at the sites listed inat the end of this subsection (j)(3).

B) Permit Applications Permit applications will be accepted starting in June. Initial acceptance dates and methods for making applications will be publicly announced. A hunter can obtain up to 2 dove permits as follows: Only applications submitted by Illinois residents will be processed during the first lottery to apply for up to one dove permit. Non-residents and residents who did not receive a permit or did not apply in the first lottery will be eligible to participate in the second lottery to apply for their first dove permit. Residents will have priority in the 2nd lottery. Residents and non-residents can apply for a 2nd permit during the phone-in reservation period to be held after the lottery. Successful applicants will be sent confirmation via email or can access the Reservation Inquiry System to see if they were awarded a permit.

C) Drawings for permits at specific sites may be canceled at any time due to flooding, inclement weather, staff shortages or other adverse conditions beyond the Department's control. Hunters are urged to select a second choice of sites on their permit application.

ILLINOIS REGISTER 9641 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

D) Permits are not transferrable.

E) Permits will be issued from the Springfield Permit Office for permit controlled sites. For other information, go to www.dnr.illinois.gov.

F) Hunting at these areas is by special permit only for the first five days of the season; thereafter, no permits are required for hunting these sites, except at Jim Edgar Panther Creek State Fish and Wildlife Area as indicated in subsection (j)(3). All permits will be issued from Springfield and not from the site, except at Panther Creek State Fish and Wildlife Area as indicated in subsection (j)(3).

G) Check in time for registration shall be between 9 a.m. and 11 a.m. each day. Openings after 11 a.m. will be filled by drawing for standbys if more hunters register than there are vacancies.

H) All hunters must wear a DNR issued backpatch.

2) Non-Permit Season Regulations

A) Non-permit season shall be September 6-30 except as indicated in parentheses.

B) Non-permit hunting hours shall be 12 noon to sunset except as indicated in parentheses.

C) No permits are required except as indicated in parentheses.

D) Check in and check out is required except as indicated in parentheses.

E) Hunter quotas will be filled on a first-come,-first-served basis.

3) Sites

Big Bend State Fish and Wildlife Area

ILLINOIS REGISTER 9642 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Coffeen Lake State Fish and Wildlife Area (non-permit hunting hours are 12 noon to 5:00 p.m.)

Des Plaines State Conservation Area

Edward R. Madigan State Park

Green River State Wildlife Area/Sand Prairie Habitat Area (non-permit hunting hours are sunrise to sunset) (1)

Horseshoe Lake State Park (Madison County) (non-permit hunting hours are 12 noon to 5 p.m.)

Horseshoe Lake State Park (Madison County) − Gabaret, Mosenthein, Chouteau Island Unit (non-permit hunting hours are 12 noon to 5:00 p.m. September 6 through October 14)

Iroquois County State Wildlife Area (1)

Jim Edgar Panther Creek State Fish and Wildlife Area (for days 6 through 10 of the season, hunting hours are noon to 6:00 p.m. and hunters must check in and out at the site office; permit required as indicated in subsection (i) for days 11 through the end of the statewide dove season; hunting hours for days 11 through the end of the statewide dove season are sunrise to sunset; on the Controlled Unit only those hunters engaged in the controlled pheasant hunting program may take doves during the November portion of the dove season; on the Quail Management Unit only those hunters with Quail Management Unit Permits may take doves during the November portion of the dove season) (1)

Johnson Sauk Trail State Park (permit hunting hours are noon to 5:00 p.m.) (1)

Kankakee River State Park (1)

Mackinaw River State Recreation Area (non-permit hunting hours sunrise to sunset; each permit authorizes the holder to bring one hunting partner) (1)

ILLINOIS REGISTER 9643 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Matthiessen State Park

Sangchris Lake State Park (closed after Sunday of the third weekend in September; designated fields will be open from sunrise to 12 noon starting the 6th day of the dove season)

Silver Springs State Park (closed during National Hunting and Fishing Day Weekend)

Snakeden Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area (non-permit hunting hours sunrise to sunset)

Starved Rock State Park k) Violation of a site specific regulation is a petty offense (see 520 ILCS 5/2.20).

(Source: Amended at 43 Ill. Reg. 9625, effective August 23, 2019)

ILLINOIS REGISTER 9644 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Crow, Woodcock, Snipe, Rail and Teal Hunting

2) Code Citation: 17 Ill. Adm. Code 740

3) Section Number: Adopted Action: 740.20 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.2, 1.3, 1.4, 2.1, 2.2, 2.18, 2.26, 2.33 and 3.5 of the Wildlife Code [520 ILCS 5/1.2, 1.3, 1.4, 2.1, 2.2, 2.18, 2.26, 2.33 and 3.5] and Migratory Bird Hunting (50 CFR 20, August 25, 1987).

5) Effective Date of Rule: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rule, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5607; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes, open and close State-owned or -managed sites, and amend procedures at State sites.

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

ILLINOIS REGISTER 9645 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

John Heidinger, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

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

ILLINOIS REGISTER 9646 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 740 CROW, WOODCOCK, SNIPE, RAIL AND TEAL HUNTING

Section 740.10 Statewide Regulations 740.20 Regulations at Various Department-Owned or -Managed Sites

AUTHORITY: Implementing and authorized by Sections 1.2, 1.3, 1.4, 2.1, 2.2, 2.18, 2.26, 2.33 and 3.5 of the Wildlife Code [520 ILCS 5] and Migratory Bird Hunting (50 CFR 20, August 25, 1987).

SOURCE: Adopted at 5 Ill. Reg. 8896, effective August 25, 1981; codified at 5 Ill. Reg. 10645; amended at 6 Ill. Reg. 357, effective December 23, 1981; amended at 6 Ill. Reg. 9648, effective July 21, 1982; amended at 7 Ill. Reg. 8815, effective July 15, 1983; amended at 8 Ill. Reg. 16796, effective August 30, 1984; amended at 9 Ill. Reg. 11620, effective July 16, 1985; peremptory amendments at 9 Ill. Reg. 14383, effective September 5, 1985; amended at 10 Ill. Reg. 15607, effective September 16, 1986; amended at 11 Ill. Reg. 9575, effective May 5, 1987; emergency amendments at 11 Ill. Reg. 15253, effective August 28, 1987, for a maximum of 150 days; emergency expired January 25, 1988; amended at 12 Ill. Reg. 12261, effective July 15, 1988; amended at 13 Ill. Reg. 12869, effective July 21, 1989; amended at 14 Ill. Reg. 11207, effective June 29, 1990; amended at 15 Ill. Reg. 10057, effective June 24, 1991; amended at 16 Ill. Reg. 11162, effective June 30, 1992; amended at 17 Ill. Reg. 10877, effective July 1, 1993; amended at 18 Ill. Reg. 9998, effective June 21, 1994; amended at 19 Ill. Reg. 10577, effective July 1, 1995; amended at 20 Ill. Reg. 10851, effective August 5, 1996; amended at 21 Ill. Reg. 9061, effective June 26, 1997; amended at 22 Ill. Reg. 14782, effective August 3, 1998; amended at 23 Ill. Reg. 9033, effective July 28, 1999; amended at 24 Ill. Reg. 8901, effective June 19, 2000; amended at 25 Ill. Reg. 11364, effective August 14, 2001; amended at 26 Ill. Reg. 13605, effective September 3, 2002; amended at 28 Ill. Reg. 12882, effective September 1, 2004; amended at 29 Ill. Reg. 9814, effective June 27, 2005; amended at 30 Ill. Reg. 12267, effective June 28, 2006; amended at 31 Ill. Reg. 9199, effective June 18, 2007; amended at 32 Ill. Reg. 10125, effective June 30, 2008; amended at 33 Ill. Reg. 9719, effective June 26, 2009; amended at 34 Ill. Reg. 12848, effective August 20, 2010; amended at 35 Ill. Reg. 13254, effective July 26, 2011; amended at 37 Ill. Reg. 20735, effective December 12, 2013; amended at 39 Ill. Reg. 11461, effective August 3, 2015; amended at 40 Ill. Reg. 10690, effective July 20, 2016;

ILLINOIS REGISTER 9647 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT amended at 41 Ill. Reg. 8798, effective June 28, 2017; amended at 43 Ill. Reg. 9644, effective August 23, 2019.

Section 740.20 Regulations at Various Department-Owned or -Managed Sites

a) All the rules in 17 Ill. Adm. Code 510 apply in this Section, unless this Section is more restrictive. Violation of a site specific regulation is a petty offense (see 520 ILCS 5/2.20). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (1).

b) Woodcock, snipe and rail hunting; statewide regulations as provided for in this Part shall apply at the following areas (exceptions are in parentheses):

Alvah Borah State Habitat Area (1)

Anderson Lake Conservation Area (closed 7 days before duck season)

Big Bend State Fish and Wildlife Area

Big River State Forest (1)

Burning Star State Fish and Wildlife Area (1)

Butterfield Trail State Recreation Area (1)

Cache River State Natural Area

Campbell Pond State Wildlife Management Area (1)

Cape Bend State Fish and Wildlife Area

Carlyle Lake Lands and Waters – Corps of Engineers managed lands

Carlyle Lake State Fish and Wildlife Area (sub-impoundment area closes 7 days prior to the start of the waterfowl season for the zone in which Carlyle Lake is located)

Chauncey Marsh State Natural Area (1)

ILLINOIS REGISTER 9648 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Clinton Lake State Recreation Area (4:00 p.m. daily closing) (1)

Crawford County State Conservation Area (1)

Cypress Pond State Natural Area

Deer Pond State Natural Area

Devil's Island State Wildlife Management Area

Dog Island State Wildlife Management Area (1)

Eldon Hazlet State Park (North of Allen Branch and west of Peppenhorst Branch only) (1)

Ferne Clyffe State Park

Ft. de Chartres State Historic Site (hunting with muzzleloading shotgun only)

Ft. Massac State Park (1)

Fox Ridge State Park (woodcock only; 4:00 p.m. daily closings) (1)

Giant City State Park

Green River State Wildlife Area (1)

Hamilton County State Conservation Area (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) (1)

Harry "Babe" Woodyard State Natural Area (woodcock only; closes October 31) (1)

Hidden Springs State Forest (4:00 p.m. daily closing) (1)

Horseshoe Lake State Fish and Wildlife Area (public hunting area except controlled goose hunting area) (Alexander County)

ILLINOIS REGISTER 9649 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Iroquois County State Wildlife Management Area (season closes the day before permit pheasant season; 4:00 p.m. daily closing; sign in/out required; closed to snipe hunting) (1)

Jim Edgar Panther Creek State Fish and Wildlife Area (hunters are restricted to the Open Units portion of the site during the controlled pheasant season, except those hunters who possess a valid free upland game permit (1)

Jubilee College State Park (season coincides with Jubilee Upland season, 17 Ill. Adm. Code 530.110)

Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to waterfowl season; the defined Baldwin Lake Waterfowl Rest Area is closed)

Kickapoo State Recreation Area (woodcock only; 4:00 p.m. daily closing; closed during firearm deer season) (1)

Kinkaid Lake State Fish and Wildlife Area

Lake Shelbyville – Eagle Creek State Park (woodcock only; 4:00 p.m. daily closing; closes opening day of site's pheasant season) (1)

Marshall State Fish and Wildlife Area – All Units (open during teal and early goose season only) (1)

Meeker State Habitat Area (1)

Mermet Lake State Fish and Wildlife Area (1)

Middle Fork State Fish and Wildlife Area (woodcock only; 4:00 p.m. daily closing; closed during firearm deer season) (1)

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26)

Mississippi River Pools 16, 17, and 18

ILLINOIS REGISTER 9650 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Mississippi River Pools 21, 22 and 24

Moraine View State Park (woodcock only; 4:00 p.m. daily closing; season closes the day before site's controlled pheasant season) (1)

Newton Lake State Fish and Wildlife Area (woodcock only; closed during firearm deer season) (1)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (West subunit only; woodcock only)

Pyramid State Park (1)

Pyramid State Park – Captain Unit (open to hunters with a free upland game permit, daily draw waterfowl permit and windshield card) (1)

Pyramid State Park – Denmark Unit (open to hunters with a free upland game permit, daily draw waterfowl permit and windshield card) (1)

Pyramid State Park – East Conant Unit (open to hunters with a free upland game permit, daily draw waterfowl permit and windshield card) (1)

Pyramid State Park – Galum Unit (1)

Ramsey Lake State Park (statewide hours until rabbit season begins; then 8:00 a.m. to 4:00 p.m.) (1)

Randolph County State Conservation Area (woodcock only)

Ray Norbut State Fish and Wildlife Area (1)

Red Hills State Park (1)

Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake

Rice Lake State Wildlife Area (season open during teal season only;

ILLINOIS REGISTER 9651 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT sunrise until 1:00 p.m.)

Sahara Woods State Fish and Wildlife Area (1)

Saline County State Fish and Wildlife Area (1)

Sam Dale Lake State Fish and Wildlife Area (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) (1)

Sam Parr State Fish and Wildlife Area (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) (1)

Sand Ridge State Forest (During the controlled pheasant hunting season, hunters must abide by those portions of 17 Ill. Adm. Code 530.105 and 530.110 which pertain to Sand Ridge State Forest) (1)

Sanganois State Fish and Wildlife Area (1)

Shelbyville State Fish and Wildlife Area (4:00 p.m. daily closing) (1)

Sielbeck Forest State Natural Area (1)

Skinner Farm State Habitat Area

Snake Den Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area (closes September 30) (1)

Spoon River State Forest (1)

Stephen A. Forbes State Recreation Area (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) (1)

Ten Mile Creek State Fish and Wildlife Area (non-toxic shot only for woodcock hunting in waterfowl rest areas) (1)

Trail of Tears State Forest

Turkey Bluffs State Fish and Wildlife Area

ILLINOIS REGISTER 9652 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Union County State Conservation Area (Firing Line Management Area only)

Washington County State Conservation Area (woodcock only)

Weinberg-King State Park (1)

Weinberg-King State Park – Spunky Bottoms Unit (1)

Wildcat Hollow State Forest

Wise Ridge State Natural Area c) Woodcock, snipe and rail hunting permitted, exceptions as noted in parentheses. Hunters must obtain a permit from site office and permit must be in possession while hunting. Failure to report harvest by February 15 will result in loss of hunting privileges at that site for the following year.

Horseshoe Lake State Park (Madison County) − Gabaret, Mosenthein, Chouteau Island Unit (permit required) d) Teal hunting; statewide regulations as provided for in this Part shall apply on the following sites, except no permanent blinds allowed except as authorized in 17 Ill. Adm. Code 590.15, 590.20, 590.40 and 590.50 (exceptions are in parentheses):

Anderson Lake State Fish and Wildlife Area

Burning Star State Fish and Wildlife Area (1)

Cache River State Natural Area

Campbell Pond State Wildlife Management Area (1)

Cape Bend State Fish and Wildlife Area

Carlyle Lake Lands and Waters – Corps of Engineers managed lands (waters of Peppenhorst Branch and Allen Branch north of the buoys only)

Carlyle Lake State Fish andWildlife Area

ILLINOIS REGISTER 9653 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Chain O'Lakes State Park (hunting is allowed only from numbered blind sites; the blinds need not be completed)

Chauncey Marsh State Natural Area (1)

Clinton Lake State Recreation Area (hunting in waterfowl areas East of Parnell Bridge and North of Route 54 only)

Coffeen Lake State Fish and Wildlife Area (hunters must sign in prior to hunting and sign out reporting harvest at the end of each day; hunting from staked sites only; no permanent blinds; hunting by boat access only; no cutting vegetation on site; hunting north of North 6th Avenue only; four hunters per blind site; no fishing north of North 6th Avenue during this season; shooting hours from legal opening to 9:00 a.m.; all hunters must be signed out by 10:00 a.m.)

Cypress Pond State Natural Area

Deer Pond State Natural Area

Des Plaines State Conservation Area (hunting is allowed only from numbered blind sites; the blinds need not be completed) (1)

Devil's Island State Wildlife Management Area

Dog Island State Wildlife Management Area (1)

Eldon Hazlet State Park – North Allen Branch Waterfowl Management Area (1)

Embarras River Bottoms State Habitat Area (1)

Ft. de Chartres State Historic Site (hunting is allowed from anchored, portable boat blinds only)

Horseshoe Lake State Fish and Wildlife Area – Public Hunting Area (Alexander County)

ILLINOIS REGISTER 9654 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Horseshoe Lake State Park (Madison County) (hunting is allowed only from numbered blind sites; blind builders must claim their blinds 1 hour before shooting time each day or blind is open to the public; blinds need not be completed; hunters must sign in at the Main Office prior to hunting and sign out to report harvest after the hunt)

Horseshoe Lake State Park (Madison County) − Gabaret, Mosenthein, Chouteau Island Unit (permit required)

Kaskaskia River State Fish and Wildlife Area (the defined Baldwin Lake Waterfowl Rest Area is closed)

Lake Shelbyville – Corps of Engineers Managed Lands and Waters

Lake Sinnissippi State Fish and Wildlife Area (hunting is allowed only from numbered blind sites; blind builders must claim their blinds ½ hour before shooting time each day or blind is open to the public; blinds need not be completed)

Marshall State Fish and Wildlife Area – all management units (1)

Meredosia Lake

Mississippi River State Fish and Waterfowl Management Area (Mississippi River Pools 25 and 26) (blind builders must claim their blinds ½ hour before shooting time or the blind is open for that day's hunt; no hunting allowed in the designated Batchtown waterfowl rest area, Crull Hollow waterfowl rest area and Godar waterfowl rest area)

Mississippi River Pools 16, 17 and 18

Mississippi River Pools 21, 22 and 24

Oakford State Conservation Area

Pyramid State Park − Captain Unit (hunting not allowed in Captain Unit waterfowl rest area) (1)

Pyramid State Park − Denmark Unit (hunting not allowed in Denmark

ILLINOIS REGISTER 9655 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Unit waterfowl rest area) (1)

Pyramid State Park – East Conant Unit (1)

Pyramid State Park − Galum Unit (1)

Ray Norbut State Fish and Wildlife Area (1)

Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake (no trespassing or hunting allowed on Rend Lake Refuge during teal or early Canada goose seasons)

Rice Lake State Fish and Wildlife Area (check in and check out required; sunrise until 1:00 p.m.)

Saline County State Fish and Wildlife Area (1)

Sam Dale Lake State Conservation Area (1)

Sand Ridge State Forest (1)

Sanganois State Fish and Wildlife Area (1)

Shelbyville State Fish and Wildlife Area (1)

Snake Den Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area

Starved Rock State Park (hunting allowed only from numbered blind sites; blinds need not be completed)

Stephen A. Forbes State Recreation Area (walk-in hunting in the subimpoundment only) (1)

Ten Mile Creek State Fish and Wildlife Area (1)

Turkey Bluffs State Fish and Wildlife Area

Union County State Fish and Wildlife Area (Controlled Hunting Area and

ILLINOIS REGISTER 9656 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Firing Line Unit only)

Weinberg-King State Park – Spunky Bottoms Unit (1)

Wise Ridge State Natural Area

Woodford State Fish and Wildlife Area (1) e) Crow Hunting

1) Statewide regulations as provided for in this Part shall apply at the following sites (season dates in parentheses):

Alvah Borah State Habitat Area (1)

Anderson Lake State Conservation Area

Big Bend State Fish and Wildlife Area

Big River State Forest (1)

Burning Star State Fish and Wildlife Area (1)

Giant City State Park (January 1 through the statewide closing; hunters must sign in and out reporting harvest at the hunter check station)

Green River State Wildlife Area (January 1 through statewide closing) (1)

Hamilton County State Fish and Wildlife Area (1)

Jim Edgar Panther Creek State Fish and Wildlife Area (East and West Open Units) (1)

Mississippi River Pools 16, 17, 18

Mississippi River State Fish and Wildlife Area (Pools 25 and 26)

Pyramid State Park (1)

ILLINOIS REGISTER 9657 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Pyramid State Park – Captain Unit (no hunting in waterfowl rest area) (1)

Pyramid State Park – Denmark Unit (no hunting in waterfowl rest area) (1)

Pyramid State Park – East Conant Unit (1)

Pyramid State Park – Galum Unit (1)

Ray Norbut State Fish and Wildlife Area (1)

Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake

Sam Dale Lake State Conservation Area (1)

Sand Ridge State Forest (1)

Sanganois State Fish and Wildlife Area (day after Canada goose season closes through statewide closing; nontoxic shot only (1))

Shelbyville State Fish and Wildlife Area (1)

Spoon River State Forest (1)

Stephen A. Forbes State Recreation Area (1)

Ten Mile Creek State Fish and Wildlife Area (non-toxic shot only for crow hunting in waterfowl rest areas) (1)

Weinberg-King State Park – Spunky Bottoms Unit (1)

Wise Ridge State Natural Area

2) Crow hunting permitted, exceptions as noted in parentheses. Hunters must obtain a permit from site office and permit must be in possession while hunting. Failure to report harvest by March 15 will result in loss of hunting privileges at that site for the following year:

ILLINOIS REGISTER 9658 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Horseshoe Lake State Park (Madison County) (February 1-28)

Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit

3) All hunters must make a reasonable effort to retrieve downed birds. All crows must be removed from the site by the hunter.

(Source: Amended at 43 Ill. Reg. 9644, effective August 23, 2019)

ILLINOIS REGISTER 9659 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Falconry and the Captive Propagation of Raptors

2) Code Citation: 17 Ill. Adm. Code 1590

3) Section Numbers: Adopted Actions: 1590.82 Amendment 1590.85 Amendment 1590.90 Amendment 1590.100 Amendment 1590.110 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 2.1, 2.2, 2.4, 2.6, 2.7, 2.13, 2.18, 2.20, 2.27, 2.28, 2.29, 2.30, 3.5 and 3.36 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 2.1, 2.2, 2.4, 2.6, 2.7, 2.13, 2.18, 2.20, 2.27, 2.28, 2.29, 2.30, 3.5 and 3.36] and Section 5 of the Illinois Endangered Species Protection Act [520 ILCS 10/5].

5) Effective Date of Rules: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rules, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 5622; May 17, 2019

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

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

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

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

ILLINOIS REGISTER 9660 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

15) Summary and Purpose of Rulemaking: This Part has been amended to make Statewide program changes and update falconry web link information.

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 9661 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER d: FORESTRY

PART 1590 FALCONRY AND THE CAPTIVE PROPAGATION OF RAPTORS

Section 1590.10 Establishment of Rules and Regulations 1590.20 Definitions 1590.30 Provisions of Rules and Regulations (Repealed) 1590.40 Violation of Rules (Repealed) 1590.50 Permit and License Requirements 1590.60 Examination and Application Procedures 1590.70 Inspection of Facilities, Facility Requirements, Care of Raptors and Equipment 1590.80 Falconry Permits – Classes and Standards 1590.82 Banding Requirements – Falconry Raptors 1590.85 Captive Propagation − Regulations 1590.90 Capturing of Raptors – Regulations 1590.100 Transfer, Change in Status, Release, Acquisition and Reporting Requirements 1590.110 Hunting Seasons for Falconers 1590.120 Additional Provisions 1590.130 Violation of Rules

1590.APPENDIX A Migratory Bird Acquisition and Disposition Report (Repealed)

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 2.1, 2.2, 2.4, 2.6, 2.7, 2.13, 2.18, 2.20, 2.27, 2.28, 2.29, 2.30, 3.5 and 3.36 of the Wildlife Code [520 ILCS 5] and Section 5 of the Illinois Endangered Species Protection Act [520 ILCS 10].

SOURCE: Amendment filed November 17, 1977, effective January 1, 1978; emergency amendment at 5 Ill. Reg. 9161, effective September 1, 1981, for a maximum of 150 days; amended at 6 Ill. Reg. 6207, effective May 14, 1982; amended at 10 Ill. Reg. 16627, effective September 24, 1986; amended at 11 Ill. Reg. 11350, effective June 9, 1987; amended at 12 Ill. Reg. 12807, effective July 26, 1988; amended at 13 Ill. Reg. 10567, effective June 16, 1989; amended at 14 Ill. Reg. 6088, effective April 17, 1990; amended at 15 Ill. Reg. 32, effective December 24, 1990; amended at 15 Ill. Reg. 16681, effective October 31, 1991; amended at 16 Ill. Reg. 11052, effective June 30, 1992; amended at 18 Ill. Reg. 14700, effective September 19, 1994; recodified by changing the agency name from Department of Conservation to Department

ILLINOIS REGISTER 9662 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS of Natural Resources at 20 Ill. Reg. 9389; amended at 21 Ill. Reg. 2218, effective February 3, 1997; amended at 38 Ill. Reg. 895, effective January 1, 2014; amended at 40 Ill. Reg. 3743, effective February 24, 2016; amended at 43 Ill. Reg. 9659, effective August 23, 2019.

Section 1590.82 Banding Requirements – Falconry Raptors

a) Every raptor possessed under authority of an Illinois falconry permit must be identified by a band within 5 days after acquisition of the raptor. A seamless numbered band may not be placed on a wild raptor but must be placed on a captive-reared raptor in accordance with Section 1580.85(a)(2). A seamless band may not be placed on a wild raptor. If a marker or band must be removed or is lost, the loss must be reported within 5 days and the permittee must request a U.S. Fish and Wildlife Service nonreusable band from the Department. The required information must be submitted within 10 days after rebanding the raptor at https://epermits.fws.gov/falcphttp://permits.fws.gov/186A and by submitting a form 3-186A to the Department. The marker or band must be replaced by a marker or bank provided by the Department. An ISO (International Organization for Standardization) compliant (134.2kHz) microchip may be implanted in a falconry raptor in addition to the band.

b) A marker or band must not be altered, defaced or counterfeited. The rear tab from a band on a raptor taken from the wild may be removed and any imperfect surface may be smoothed as long as the integrity of the marker or band and numbering on it is not affected.

c) If health or injury problems are detected in a raptor due to the band, then a falconer can apply to the Department for an exemption to the banding requirement by a written letter and photographs, describing the history of the injury or health problem. If an exemption is granted, then the band must be replaced with an implanted ISO compliant (134.2 kHz) microchip. If the bird is a wild goshawk, Harris's Hawk (Parabuteo unicinctus), peregrine falcon, or gyrfalcon (Falco rusticolus), then the band must be replaced with an implanted ISO compliant microchip supplied by FWS and obtained from the Department. FWS and the Department will not provide microchips for any other species.

(Source: Amended at 43 Ill. Reg. 9659, effective August 23, 2019)

Section 1590.85 Captive Propagation − Regulations

ILLINOIS REGISTER 9663 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Captive Propagation. Unless this Part is more restrictive, federal regulations at 50 CFR 21.30 shall govern the activities of Illinois captive propagation permittees. Raptors held for captive propagation purposes may be held only under permits from both the U.S. Fish and Wildlife Service and the Department. The initial fee for a captive propagation permit is $200 for 5 years. The permit must be renewed every 5 years for a fee of $200 if raptors are to be possessed beyond the permit expiration date. A holder of an Illinois captive propagation permit must also hold a general or master class Illinois falconry permit. An Illinois captive propagation permit holder may transfer, purchase, sell or barter captive-bred raptors, raptor eggs or raptor semen in accordance with 50 CFR 21.30, this Part and the laws of other jurisdictions in which these products are transferred, purchased, sold or bartered. Nothing in this Part shall prevent a permittee from holding individual birds under the authority of both the falconry permit and the captive propagation permit at the same time, within the numerical limits for the falconry permit.

a) Raptors possessed for falconry may be used for captive propagation if the person overseeing the propagation has the proper State captive propagation permit and a federal raptor propagation permit. A falconry raptor does not need to be transferred to a propagation permit if it is used in captive propagation less than 8 months a year. However, a falconry raptor shall be transferred, if it is to be used permanently for captive propagation, in accordance with Section 1590.100 and banded in accordance with subsections (b) and (c) of this Section.

b) A raptor bred in captivity shall be banded with an FWS seamless metal band. If a band must be removed or is lost, it shall be reported electronically at https://epermits.fws.gov/falcphttp://permits.fws.gov/186A and by submitting a form 3-186A to the Department and a replacement band requested of the FWS no less than 10 days after the band is removed or lost. A seamless band that is removed or lost shall be replaced on the raptor with a nonreusable band supplied by the Department.

c) An ISO compliant microchip (134.2 kHz) may be implanted in a falconry raptor bred in captivity, in addition to the seamless metal band.

(Source: Amended at 43 Ill. Reg. 9659, effective August 23, 2019)

Section 1590.90 Capturing of Raptors − Regulations

a) No permittee may capture any raptor without an appropriate permit from the Department. A permittee in possession of a valid capture permit may capture raptors of a non-prohibited species or subspecies. A person shall hold a valid

ILLINOIS REGISTER 9664 19 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

falconry permit in Illinois or another state to be eligible for a capture permit. The Department will authorize up to 250 capture permits annually. Requests for capture permits in excess of 250 will be considered first in following years.

1) A capture permittee may only intentionally capture a raptor species that he or she is allowed to possess. A permittee that captures a raptor that he or she may not possess shall immediately release the bird.

2) Immature passage raptors may be captured from September 1 until March 1.

3) Haggard American kestrels (Falco sparverius) and great horned owls may be captured between September 1 and January 1.

4) The capture or taking of any eyass raptor in Illinois shall be permitted between February 1 and August 1. When eyasses are captured, at least one eyass shall be left in the nest.

5) The fee for a raptor capture permit for a resident of the State of Illinois is $50 per year. The fee for a non-resident raptor capture permit is $100 per year.

6) A capture permit shall expire on March 1 of each year and shall authorize the permittee to take up to his or her legal limit of raptors for possession and/or replacement, but no more than 2 raptors shall be taken from the wild per calendar year. All raptors shall be captured in a humane manner. Marked raptors that escape or are lost may be recaptured at any time without a capture permit and do not count as a bird taken from the wild.

7) The take of raptors from the wild must be reported by entering the required information into the electronic database at https://epermits.fws.gov/falcphttp://permits.fws.gov/186A or submitting a paper form 3-186A to the Department at the capturer's first opportunity to do so, but no later than 10 days after the capture of the raptor. b) A raptor taken from the wild is always considered to be a wild raptor no matter how long it is held in captivity or whether it is transferred to another person. However, it is only considered to be taken from the wild by the person who

ILLINOIS REGISTER 9665 19 DEPARTMENT OF NATURAL RESOURCES

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captured it. The raptor is not considered to be taken from the wild by any subsequent permittee to whom it is legally transferred. c) Wild raptors listed as endangered or threatened by the U.S. Fish and Wildlife Service (50 CFR 17) and golden eagles may not be captured in Illinois for falconry purposes. This prohibition shall not prevent a master class permittee from obtaining a wild raptor listed as threatened by FWS at 50 CFR 17, or a golden eagle, provided listed raptors are captured legally in another state or country, or transferred from another falconer in accordance with federal regulations (50 CFR 21.29), this Part and the laws of the jurisdiction in which the raptors are obtained. d) No wild raptor listed as endangered or threatened by the Illinois Endangered Species Protection Board (17 Ill. Adm. Code 1010) but not by FWS (50 CFR 17) may be captured in Illinois for falconry purposes. This prohibition shall not prevent a permittee from obtaining a raptor of any listed species, provided that it is captured legally in another state or country or transferred from another falconer in accordance with federal regulations (50 CFR 21.29), this Part, and the laws of the jurisdiction in which the raptor was obtained. e) Except as provided for in Section 1590.50(a)(2) and (d), any unmarked raptors imported into Illinois must be identified with a marker provided by the Department, and the State's copy of FWS electronic form 3-186A must be sent to the Department within 5 days after marking, as determined by the postmark. f) A raptor taken under a depredation (or special purpose) permit may be used for falconry by general or master falconers in compliance with federal regulations (50 CFR 21.29). g) A capture permittee who is present at the capture site and immediately receives a captured raptor from another permittee is considered to be the person who removed the raptor from the wild. The capture permittee receiving the raptor is responsible for submitting a form 3-186A reporting take of the raptor from the wild. This would occur, for example, if another person climbs a tree or rappels down a cliff and takes a nestling for the permittee and gives it to the permittee at the tree or cliff. h) If the capture permittee is not at the immediate location where the raptor is taken from the wild, then the person who takes it must be a general or master falconer,

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have a valid capture permit, and report take of the raptor. If the falconer capturing the raptor then transfers the raptor to the first capture permittee, the permittee capturing the raptor and the permittee receiving the raptor both must submit a 3-186A form reporting the transaction at the first opportunity to do so, but no later than 10 days after the transfer. The raptor will count as one of the two raptors the falconer who took it from the wild is allowed to capture in any year. The raptor will not count as a raptor taken from the wild by the capture permittee who received the raptor. The falconer who takes the raptor from the wild shall report the take even if he or she promptly transfers it. i) If a capture permittee has a long-term or permanent physical impairment that prevents attending the capture of a species that is permitted for that permittee's use in falconry, then a general or master falconer holding a valid capture permit may capture the raptor for the permittee. The capture permittee receiving the raptor is then responsible for submitting a 3-186A form reporting take of the raptor from the wild and the raptor will count against the capture permittee's take of wild raptors allowed in any year. j) Any raptor unintentionally captured shall be promptly released. k) If a capture permittee transfers a raptor taken from the wild to a falconry permittee in the same year it was captured, the raptor will count as one of the raptors allowed to be taken from the wild in that year, but it will not count as a capture by the recipient, though it will always be considered a wild bird for purposes of bird counts and permits. l) A raptor wearing falconry equipment or a captive-bred raptor may be recaptured at any time, even if the permittee is not allowed to possess the species. The raptor will not count against the capture permittee's possession limit, nor will its take from the wild count against the permittee's take limit. The recapture must be reported to the Department no more than 5 working days after the recapture by submitting a form 3-186A. A recaptured falconry raptor must be returned to the person who lost it, if that person may legally possess it. Disposition of a raptor whose legal possession cannot be determined will be at the discretion of the Department. m) A raptor banded with an aluminum federal band issued by the federal Bird Banding Laboratory may be taken from the wild, except that a banded peregrine falcon may not be taken.

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1) If a captured raptor (including a peregrine falcon) is marked with a seamless metal band, a transmitter, or any other item identifying it as a falconry raptor, it shall be reported to the Department by submitting a form 3-186A within 5 working days after the capture. A recaptured falconry raptor shall be returned to the person who lost it. Disposition of a raptor whose legal possession cannot be determined will be at the discretion of the Department. While a bird is temporarily held for the purpose of returning it to the person who lost it, it will not count against the possession limit or the limit of take from the wild if it has been reported to the Department.

2) If a peregrine falcon having a research band (such as a colored band with alphanumeric codes) or a research marking attached to it is captured, then it shall immediately be released unless the falcon has a transmitter attached to it, in which case it may be held for up to 30 days if the researcher is contacted to determine if it would like to replace the batteries and the capture is reported to the Department by submitting a form 3- 186A within 5 working days after capture. If the researcher wishes to replace the batteries or remove the transmitter, then the researcher or its designee can make the change or allow the captor to do so before the falcon is released. If the researcher does not wish to keep the transmitter on the falcon, then the peregrine falcon may be kept for falconry purposes only if the species is not on the Illinois list of endangered and threatened species.

3) If a captured raptor has any other band, research marking or transmitter attached to it, the band numbers and all other relevant information must be promptly reported to the federal Bird Banding Laboratory at 1-800-327- 2263.

A) If the raptor has a transmitter attached to it, then it may be held for up to 30 days if the researcher is contacted to determine if it would like to replace the transmitter and the capture is reported to the Department by submitting a form 3-186A within 5 working days after capture. If the researcher wishes to replace the transmitter, then the researcher or its designee can make the change or allow the captor to do so before the raptor is released. Disposition of the

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raptor will be at the discretion of the researcher and the Department.

B) A temporarily possessed raptor having a transmitter attached will not count against the raptor possession limit for falconry raptors. n) A capture permittee is responsible for the costs of care and rehabilitation for any raptor that is injured as a result of the permittee's trapping efforts and the permittee may either:

1) place the raptor on the capture permittee's falconry permit. Take of the raptor shall be reported by entering the required information into the electronic database at https://epermits.fws.gov/falcphttp://permits.fws. gov/186A and by submitting a paper form 3-186A to the Department no more than 10 days after capture. The raptor must then be treated by a veterinarian or licensed wildlife rehabilitator. The raptor will count against the permittee's possession limit; or

2) the raptor may be given directly to a veterinarian or permitted wildlife rehabilitator or an appropriate Department employee. The raptor will then not count against the permittee's allowed take or possession limit. o) In order to receive a permit to capture passage peregrine falcons (peregrine permit) in Illinois for falconry purposes, the following regulations apply, in addition to subsections (a) through (n).

1) Applicants must possess a valid master class falconry permit.

2) Those wanting a peregrine permit shall, by August 31 annually, submit an application and any applicable permit fee (see subsection (o)(4)) to the Department at the address cited in Section 1590.60(a). The Department will review and determine the completeness and eligibility of each permit application. Applicants deemed eligible by the Department will be placed in one of two lotteries (one for residents, followed by one for nonresidents if any permits remain available after the resident lottery) to fill the permits allocated to Illinois by the U.S. Fish and Wildlife Service (FWS). Lottery winners will receive a permit, and any applicable fees paid by unsuccessful applicants will be refunded.

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3) Preference for receiving a permit to capture a peregrine falcon will be given to Illinois residents. After all permit applications received from Illinois residents have been filled, remaining permits will be allocated to non-resident applicants via the separate non-resident lottery.

4) The fee for the permit for Illinois residents will be $50. The fee for nonresidents will be $100. If the applicant possesses a valid permit issued under Section 1590.90 (raptor permit), no fee in addition to the raptor permit fee required by Section 1590.90(a)(5) will be charged.

5) Peregrine permits expire on March 1 annually, but peregrine falcons may only be captured between September 20 and October 20. Each permit will be valid for the capture of one peregrine falcon, and no applicant shall receive more than one peregrine permit. Any peregrine falcon captured under a peregrine permit shall be counted as a raptor captured under a raptor capture permit (see Section 1590.90(a) for the current raptor capture limit) and counted as possessed under the master class falconer permit (see Section 1590.80(c)(2) for the current possession limits).

6) Permittees must report successful captures of peregrine falcons within 48 hours after capture using the electronic reporting system or by phone to the Department's representative.

7) Holders of peregrine permits may be required to provide feathers or other samples as directed by the Department and/or FWS.

(Source: Amended at 43 Ill. Reg. 9659, effective August 23, 2019)

Section 1590.100 Transfer, Change in Status, Release, Acquisition and Reporting Requirements

a) Permittees shall not purchase or sell any raptor except as specified in Section 1590.85(a) or in subsection (d) of this Section.

b) If a raptor is acquired, transferred, rebanded or microchipped, if a raptor is stolen, if a raptor is lost to the wild and not recovered within 30 days, or if a raptor possessed for falconry dies, the change in status must be reported within 10 days by entering the required information into the electronic database at https://epermits.fws.gov/falcphttp://permits.fws.gov/186A and to the Department

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by submitting a form 3-186A. If a raptor is stolen, then it must be reported to the Department and to the local Fish and Wildlife Service Regional Law Enforcement office at 618-713-5320 within 10 days after the theft of the raptor. Copies of electronic database submissions documenting take, transfer, loss, rebanding or microchipping must be kept for 5 years after the transaction. c) Non-native raptors, hybrids, imprinted raptors and golden eagles may not be permanently released in Illinois.

1) If the species is native to Illinois and was taken from the wild, it may be released only at an appropriate time of year and an appropriate location with permission of the respective landowner. The falconry band and equipment (anklets, jesses, etc.) must be removed and the release must be reported by entering the required information into the electronic database at https://epermits.fws.gov/falcphttp://permits.fws.gov/186A and reported to the Department by submitting a form 3-186A.

2) If the raptor species is native to Illinois and is captive-bred, it may be released only by hacking the raptor to the wild at an appropriate time of year and an appropriate location. The falconry band and equipment (anklets, jesses, etc.) must be removed and the release must be reported by entering the required information into the electronic database at https://epermits.fws.gov/falcphttp://permits.fws.gov/186A and reported to the Department by submitting a form 3-186A. d) Nothing in this Section shall prohibit a falconry permittee from purchasing, selling or bartering a captive-bred raptor marked with a seamless band provided that the transaction is in accordance with federal regulations (50 CFR 21.29) , this Part, and the laws of the jurisdiction in which the captive-bred raptor is purchased, sold or bartered, the captive-bred raptor is of a species that may be legally held by the permittee (see Section 1590.80), and the captive-bred raptor was legally acquired by the person from whom it is being purchased as demonstrated by the FWS forms). Wild raptors may be transferred, but shall not be purchased, sold, traded or bartered. e) A raptor of any age and species that a falconry permittee is allowed to possess (except a golden eagle) may be acquired directly from a licensed wildlife rehabilitator. The transfer is at the discretion of the rehabilitator.

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1) A raptor acquired from a rehabilitator must be reported within 10 days by entering the required information into the electronic database at https://epermits.fws.gov/falcphttp://permits.fws.gov/186A and by submitting a form 3-186A to the Department.

2) A raptor acquired from a rehabilitator will count as one of the raptors that a permittee is allowed to take from the wild that year. f) Captive-bred falconry raptors may be transferred to another permit type if the holder of the other permit is authorized to possess the raptors. The transfer must be reported within 10 days by entering the required information into the electronic database at https://epermits.fws.gov/falcphttp://permits.fws.gov/186A and by submitting a form 3-186A to the Department. g) A wild-caught falconry raptor may be transferred to another permit type if the holder of the other permit is authorized to possess the raptor under the following circumstances:

1) A wild-caught falconry raptor may be transferred to a captive propagation permit after the raptor has been used in falconry for at least 2 years (1 year for a sharp-shinned hawk (Accipiter striatus), Cooper's hawk (Accipiter cooperii), merlin (Falco columbarius) or American kestrel). A copy of the 3-186A form documenting the acquisition of a raptor by the propagator must be provided to the Department and the federal migratory bird permit office that administers the federal propagation permit.

2) A wild-caught falconry raptor may be transferred to another permit type in less than 2 years (1 year for a sharp-shinned hawk, Cooper's hawk, merlin or an American kestrel) if the raptor has been injured and a veterinarian or permitted wildlife rehabilitator has determined that the raptor can no longer be flown for falconry. Within 10 days after transferring the raptor, a copy of the 3-186A form documenting acquisition of the raptor must be submitted to the Department and the federal migratory bird permitting office that administers the other permit type. When the raptor is transferred, a copy of the certification from the veterinarian or rehabilitator that the raptor is not useable in falconry must also be submitted to the Department and the federal migratory bird permitting office that administers the other permit type.

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h) A surviving spouse, executor, administrator or other legal representative of a deceased falconry permittee may transfer any falconry raptor held by the deceased permittee to another authorized permittee within 90 days after the death of the falconry permittee. After 90 days, the disposition of the raptors is at the discretion of the Department.

(Source: Amended at 43 Ill. Reg. 9659, effective August 23, 2019)

Section 1590.110 Hunting Seasons for Falconers

a) Falconers shall possess a valid hunting license and appropriate State and federal stamps and shall abide by all Wildlife Code regulations.

b) The statewide seasons for harvesting the following game birds, game mammals and fur-bearing mammals by falconry methods shall be:

1) Cock and hen pheasant, bobwhite quail, Hungarian (gray) partridge, cottontail and swamp rabbits, raccoon, opossum, skunk, gray fox and red fox: October 1-March 31.

2) Fox and gray squirrels: August 1-MarchJanuary 31.

c) No bag or possession limits shall be in effect for fur-bearing mammals. Bag and possession limits for fox and gray squirrels shall be the same as specified in 17 Ill. Adm. Code 690.20. Bag and possession limits for pheasant, bobwhite quail, Hungarian (gray) partridge, cottontail and swamp rabbits shall be the same as specified in 17 Ill. Adm. Code 530.20, except that hen pheasants may be included as part of bag and possession limits in accordance with 520 ILCS 5/2.6. Blaze orange clothing is not required to take pheasant, bobwhite quail, Hungarian (gray) partridge, cottontail and swamp rabbits by falconry during the upland game season except as may be required by local rules and in 17 Ill. Adm. Code 530. Blaze orange clothing consisting of a cap and upper outer garment, with those articles of clothing displaying a minimum of 400 square inches of blaze orange material, is required to take any protected species, except migratory waterfowl, by any means, including falconry, during the gun deer hunting season in counties open to gun deer hunting.

d) Seasons, bag limits and possession limits for harvesting the following migratory birds by falconry methods shall be in accordance with federal regulations (50

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CFR 20.109: snipe, rails (sora and Virginia), ducks, geese, coots, woodcock, doves and crows.

(Source: Amended at 43 Ill. Reg. 9659, effective August 23, 2019)

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1) Heading of the Part: General Rules

2) Code Citation: 35 Ill. Adm. Code 101

3) Section Numbers: Adopted Actions: 101.100 Amendment 101.106 Amendment 101.108 Amendment 101.110 Amendment 101.112 Amendment 101.114 Amendment 101.200 Amendment 101.202 Amendment 101.300 Amendment 101.302 Amendment 101.304 Amendment 101.306 Amendment 101.308 Amendment 101.400 Amendment 101.402 Amendment 101.404 Amendment 101.406 Amendment 101.500 Amendment 101.502 Amendment 101.504 Amendment 101.508 Amendment 101.510 Amendment 101.512 Amendment 101.514 Amendment 101.516 Amendment 101.518 Amendment 101.520 Amendment 101.522 Amendment 101.602 Amendment 101.604 Amendment 101.606 Amendment 101.608 Amendment 101.610 Amendment 101.612 Amendment

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101.616 Amendment 101.618 Amendment 101.620 Amendment 101.622 Amendment 101.624 Amendment 101.626 Amendment 101.627 New Section 101.628 Amendment 101.630 Amendment 101.700 Amendment 101.800 Amendment 101.902 Amendment 101.904 Amendment 101.906 Amendment 101.908 Amendment 101.1000 Amendment 101.1010 Amendment 101.1020 Amendment 101.1030 Amendment 101.1060 Amendment 101.1070 Amendment 101.APPENDIX I Amendment

4) Statutory Authority: Implementing and authorized by Section 26 of the Illinois Environmental Protection Act [415 ILCS 5/26] and Section 10-75 of the Illinois Administrative Procedure Act [5 ILCS 100/10-75].

5) Effective Date of Rules: August 22, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) The adopted rules, including any material incorporated by reference, are available on the Board's website (https://pcb.illinois.gov/) and are also on file and available for public inspection in the Board's Chicago office at the James R. Thompson Center, 100 W. Randolph, Suite 11-500.

9) Notice of Proposal published in the Illinois Register: 43 Ill. Reg. 4883; May 3, 2019

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

11) Differences between Proposal and Final Version: The Board made a limited number of non-substantive corrections and clarifications to its first-notice proposal.

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

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

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

15) Summary and Purpose of Rulemaking: On August 22, 2019, the Board adopted final amendments to Part 101 of its procedural rules (35 Ill. Adm. Code 101). Part 101 contains the Board's general rules of procedure, which apply to all types of Board proceedings. The adopted amendments cover four subjects. First, persons offering exhibits at adjudicatory or time-limited water quality standard (TLWQS) hearings must electronically file those exhibits after hearing with the Clerk's Office. Second, under recent amendments to the Illinois Administrative Procedure Act (PA 100-880, eff. Jan. 1, 2019), the Board will e-mail serve its final adjudicatory orders on parties consenting to e- mail service, except for final enforcement orders. Third, the Board specifies Part 101's applicability to TLWQS proceedings, which do not fall within either of the traditional types of Board proceedings—rulemakings and adjudicatory cases. Fourth, the Board clarifies, updates, and streamlines Part 101 consistent with the Board's regulatory review initiative.

At its August 13, 2019 meeting, JCAR issued a "Certification of No Objection" to the proposed second-notice amendments, subject to a handful of non-substantive changes which the Board included in the final rules. This rulemaking is captioned Proposed Amendments to General Procedural Rules (35 Ill. Adm. Code 101), docket R19-19.

The Board's first-notice, second-notice, and final-adoption opinions and orders in this rulemaking may be viewed and downloaded on the Board's website (https://pcb.illinois.gov/).

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

Richard McGill

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Illinois Pollution Control Board 100 W. Randolph St., Suite 11-500 Chicago IL 60601 312/814-6983 [email protected]

Copies of the Board's opinions and orders are available through the Clerk's Office On- Line (COOL) on the Board's website (https://pcb.illinois.gov/). You may also request copies of the Board's opinions and orders from the Clerk at the address listed above or by calling 312/814-3620. Please refer to docket number R19-19 in your request.

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

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TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE A: GENERAL PROVISIONS CHAPTER I: POLLUTION CONTROL BOARD

PART 101 GENERAL RULES

SUBPART A: GENERAL PROVISIONS

Section 101.100 Applicability 101.102 Severability 101.104 Repeals 101.106 Board Authority 101.108 Board Proceedings 101.110 Public Participation 101.111 Informal Recordings of Board Meetings 101.112 Bias and Conflict of Interest 101.114 Ex Parte Communications

SUBPART B: DEFINITIONS

Section 101.200 Definitions Contained in the Act 101.202 Definitions for Board's Procedural Rules

SUBPART C: COMPUTATION OF TIME, FILING, SERVICE OF DOCUMENTS, AND STATUTORY DECISION DEADLINES

Section 101.300 Computation of Time 101.302 Filing of Documents 101.304 Service of Documents 101.306 Incorporation of Documents from Another Proceeding 101.308 Statutory Decision Deadlines and Waiver of Deadlines

SUBPART D: PARTIES, JOINDER, AND CONSOLIDATION

Section

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101.400 Appearances, Withdrawals, and Substitutions of Attorneys in Adjudicatory Proceedings 101.402 Intervention of Parties 101.403 Joinder of Parties 101.404 Agency as a Party in Interest 101.406 Consolidation of Claims 101.408 Severance of Claims

SUBPART E: MOTIONS

Section 101.500 Filing of Motions and Responses 101.502 Motions Directed to the Hearing Officer 101.504 Contents of Motions and Responses 101.506 Motions Attacking the Sufficiency of the Petition, Complaint, or Other Pleading 101.508 Motions to Board Preliminary to Hearing 101.510 Motions to Cancel Hearing 101.512 Motions for Expedited Review 101.514 Motions to Stay Proceedings 101.516 Motions for Summary Judgment 101.518 Motions for Interlocutory Appeal from Hearing Officer Orders 101.520 Motions for Reconsideration 101.522 Motions for Extension of Time

SUBPART F: HEARINGS, EVIDENCE, AND DISCOVERY

Section 101.600 Hearings 101.602 Notice of Board Hearings 101.604 Formal Board Transcript 101.606 Informal Recordings of the Proceedings 101.608 Default 101.610 Duties and Authority of the Hearing Officer 101.612 Schedule to Complete the Record 101.614 Production of Information 101.616 Discovery 101.618 Admissions 101.620 Interrogatories 101.622 Subpoenas and Depositions

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101.624 Examination of Adverse, Hostile, or Unwilling Witnesses 101.626 Information Produced at Hearing 101.627 Electronic Filing of Hearing Exhibits After Adjudicatory or TLWQS Hearing 101.628 Statements from Participants 101.630 Official Notice and Evidence Evaluation 101.632 Viewing of Premises

SUBPART G: ORAL ARGUMENT

Section 101.700 Oral Argument

SUBPART H: SANCTIONS

Section 101.800 Sanctions for Failure to Comply with Procedural Rules, Board Orders, or Hearing Officer Orders 101.802 Abuse of Discovery Procedures

SUBPART I: REVIEW OF FINAL BOARD OPINIONS AND ORDERS

Section 101.902 Motions for Reconsideration 101.904 Relief from Final Opinions and Orders 101.906 Judicial Review of Board Orders 101.908 Interlocutory Appeal

SUBPART J: ELECTRONIC FILING AND E-MAIL SERVICE

Section 101.1000 Electronic Filing and E-Mail Service 101.1010 Electronic Filing Authorization and Signatures 101.1020 Filing Electronic Documents 101.1030 Form of Electronic Documents for Filing 101.1040 Filing Fees 101.1050 Documents Required in Paper or Excluded from Electronic Filing 101.1060 E-Mail Service 101.1070 Consenting to Receipt of E-Mail Service

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101.APPENDIX A Captions 101.ILLUSTRATION A Enforcement Case 101.ILLUSTRATION B Citizen's Enforcement Case 101.ILLUSTRATION C Variance 101.ILLUSTRATION D Adjusted Standard Petition 101.ILLUSTRATION E Joint Petition for an Adjusted Standard 101.ILLUSTRATION F Permit Appeal 101.ILLUSTRATION G Underground Storage Tank Appeal 101.ILLUSTRATION H Pollution Control Facility Siting Appeal 101.ILLUSTRATION I Administrative Citation 101.ILLUSTRATION J Administrative Citation Under Section 23.1 of the Public Water Supply Operations Act 101.ILLUSTRATION K General Rulemaking 101.ILLUSTRATION L Site-specific Rulemaking 101.APPENDIX B Appearance Form 101.APPENDIX C Withdrawal of Appearance Form 101.APPENDIX D Notice of Filing 101.APPENDIX E Affidavit or Certificate of Service 101.ILLUSTRATION A Service by Non-Attorney 101.ILLUSTRATION B Service by Attorney 101.APPENDIX F Notice of Withdrawal (Repealed) 101.APPENDIX G Comparison of Former and Current Rules (Repealed) 101.APPENDIX H Affidavit or Certificate of E-Mail Service 101.ILLUSTRATION A E-Mail Service by Non-Attorney 101.ILLUSTRATION B E-Mail Service by Attorney 101.APPENDIX I Consent to Receipt of E-Mail Service

AUTHORITY: Implementing Sections of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 40, 40.1, 40.2, 41, and 58.7] and authorized by Sections 26 and 27 of the Act [415 ILCS 5/26 and 27] and Section 25-101 of the Electronic Commerce Security Act [5 ILCS 175/25-101].

SOURCE: Filed with Secretary of State January 1, 1978; codified 6 Ill. Reg. 8357; Part repealed, new Part adopted in R88-5A at 13 Ill. Reg. 12055, effective July 10, 1989; amended in R90-24 at 15 Ill. Reg. 18677, effective December 12, 1991; amended in R92-7 at 16 Ill. Reg. 18078, effective November 17, 1992; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 446, effective January 1, 2001; amended in R04-24 at 29 Ill. Reg. 8743, effective June 8, 2005; amended in R06-9 at 29 Ill. Reg. 19666, effective November 21, 2005; amended in R07- 17 at 31 Ill. Reg. 16110, effective November 21, 2007; amended in R10-22 at 34 Ill. Reg. 19566,

ILLINOIS REGISTER 9682 19 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS effective December 3, 2010; amended in R12-22 at 36 Ill. Reg. 9211, effective June 7, 2012; amended in R13-9 at 37 Ill. Reg. 1655, effective January 28, 2013; amended in R14-21 at 39 Ill. Reg. 2276, effective January 27, 2015; amended in R15-20 at 39 Ill. Reg. 12848, effective September 8, 2015; amended in R16-17 at 40 Ill. Reg. 7912, effective May 20, 2016; amended in R17-18 at 41 Ill. Reg. 9930, effective July 5, 2017; amended in R19-19 at 43 Ill. Reg. 9674, effective August 22, 2019.

SUBPART A: GENERAL PROVISIONS

Section 101.100 Applicability

a) This Part sets forth the rules generally applicable to proceedings before the Illinois Pollution Control Board (Board), and should be read in conjunction with procedural rules for the Board's specific proceedings, found at 35 Ill. Adm. Code 102 through 130, and the Board's Administrative Rules, found at 2 Ill. Adm. Code 2175. IfIn the event of a conflict between the rules of this Part and those found in subsequent Parts conflict, the more specific requirement applies.

b) Except when the Board's procedural rules provide otherwise, the provisions of the Code of Civil Procedure [735 ILCS 5] and the Supreme Court Rules [Ill. S. Ct. Rules] do not apply to proceedings before the Board. However, the Board may look to the Code of Civil Procedure and the Supreme Court Rules for guidance when the Board's procedural rules are silent.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.106 Board Authority

a) The Board has the authority to determine, define and implement the environmental control standards applicable in the State of Illinois and may adopt rules and regulations in accordance with Title VII of the Act. [415 ILCS 5/5(b)]

b) The Board has the authority to conduct proceedings upon complaints charging violations of the Act, any rule or regulation adopted under the Act, any permit or term or condition of a permit, or any Board order; upon administrative citations; upon petitions for variances, or adjusted standards, or time-limited water quality standards; upon petitions for review of the Agency's final determinations on permit applications in accordance with Title X of the Act; upon petitions to remove seals under Section 34 of the Act; and upon other petitions for review of

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final determination which are made pursuant to the Act or Board rules and which involve a subject which the Board is authorized to regulate. The Board may also conduct other proceedings as may be provided by the Act or any other statute or rule. [415 ILCS 5/5(d)]

c) In addition to subsections (a) and (b), the Board has the authority to act as otherwise provided by law.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.108 Board Proceedings

a) Board proceedings can generally be divided into two categories: rulemakingsrulemaking proceedings and adjudicatory proceedings. However, a time-limited water quality standard proceeding (35 Ill. Adm. Code 104.Subtitle E) is a non-adjudicatory proceeding that is not subject to the procedural requirements for rulemakings. (See 415 ILCS 5/38.5(a), (l)).

b) The following are examples of Board rulemakingsrulemaking proceedings: Identical-in-Substance, Clean Air Act/Fast Track, Federally Required Rulemaking, General Rulemaking, and Site-Specific Rulemaking. Procedural rules for these types of proceedings can be found at 35 Ill. Adm. Code 102.

c) The following are examples of Board adjudicatory proceedings: Enforcement Proceedings (35 Ill. Adm. Code 103), Variance Petitions (35 Ill. Adm. Code 104), Adjusted Standard Petitions (35 Ill. Adm. Code 104), Permit Appeals (35 Ill. Adm. Code 105), Leaking Underground Storage Tank Appeals (35 Ill. Adm. Code 105), Pollution Control Facility Siting Appeals (35 Ill. Adm. Code 107), and Administrative Citations (35 Ill. Adm. Code 108).

d) Board decisions will be made at meetings open to the public. Except as provided in subsection (e), three3 members of the Board formconstitute a quorum, and three3 affirmative votes are required to adopt a Board decision.

e) At a hearing under Section 34(d) of the Act to determine whether a seal should be removed, at least one Board memberMember shall be present, and those Board membersMembers present may render a final decision without regard to the requirements of Section 5(a) of the Act. [415 ILCS 5/34(d)]

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(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.110 Public Participation

a) General. The Board encourages public participation in all of its proceedings. The extent to which the law allows for the participation varies, depending on the type of Board proceeding involved, the party status of the person or persons seeking to participate, and the rules governing that type of proceeding. Public participation in particular proceedings may be more specifically delineated by Board or hearing officer order consistent with the provisions of applicable law and the Board's procedural rules. (See Sections 101.114 and 101.628.)

b) Party/Non-Party Status. The issue of who isconstitutes a proper party in each type of adjudicatory proceeding before the Board is addressed in the rules. A person who wishes to participate in a Board adjudicatory proceeding and who is not a party will be considereddeemed a participant and will have only those rights specifically provided in these rules. A person who wishes to participate in a Board regulatory or time-limited water quality standard proceeding will be considereddeemed a participant and will have only those rights specifically provided in this Partthese rules.

c) Amicus Curiae Briefs. Amicus curiae briefs may be filed in any adjudicatory proceeding by any interested person, if the Board grantsprovided permission is granted by the Board. Response briefs willmay be allowed only with Boardby permission of the Board, but not as of right. The briefs must consist of argument only and mustmay not raise facts that are not in evidence in the relevant proceeding. Amicus curiae briefs, and any responses, will be considered by the Board only as time allows. The briefs will not delay the Board's decision-making of the Board. (See also Section 101.302(k).)

d) Public Remarks at a Board Meeting. During the time period designated for public remarks, any person physically present, once recognized by the Chairman, may make public remarks to the Board concerning a proceeding listed on that meeting's agenda.

1) Sign-In Sheet. Beginning at least 15 minutes before the scheduled start of each Board meeting, a public remarks sign-in sheet will be available to the public at the meeting. Anyone who wishes to make public remarks at the meeting must provide the following information on the sign-in sheet:

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A) Full name;

B) Any person he or she is representing; and

C) The docket number of the proceeding on which he or she would like to make public remarks.

2) Time Limits. A time period of up to 30 minutes at the beginning of each Board meeting, as designated on the meeting agenda, is reserved for public remarks. The Chairman may extend the duration of the public remarks portion of the meeting as necessary to accommodate persons who signed in under subsection (d)(1). A person's public remarks on a given proceeding must not exceed five minutes in length, but this time period may be extended with the Chairman's permission.

3) Nature of Public Remarks. Public remarks are not made under oath or affirmation and are not subject to cross-examination. Public remarks that are relevant to the proceeding for which they are made may be considered by the Board, but factual statements made during public remarks aredo not constitute evidence in the proceeding. The public remarks portion of a Board meeting is not a hearing and cannot be used to offer documentary or other physical evidence to the Board. The Chairman may direct persons to stopcease public remarks that are irrelevant, repetitious, or disruptive. Persons engaging in disorderly conduct may be asked by the Chairman to leave the meeting.

4) Transcription. The Board will arrange for public remarks to be transcribed. Transcripts of public remarks will be made a part of the record of the proceeding to which the remarks correspond. (See 5 ILCS 120/2.06(g).)

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.112 Bias and Conflict of Interest

a) No Board memberMember or Board employee may represent any other person in any Board proceeding.

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b) No former Board memberMember or Board employee may represent any other person in any Board proceeding in which he or she participated personally and substantially as a Board memberMember or Board employee, unless the Board and, as applicable, all parties in the adjudicatory proceeding, allor proponents in the rulemaking, or all petitioners in the time-limited water quality standard proceeding consent in writing after disclosure of the participation. For purposes of subsections (a) and (b), representation includes consulting on legal or technical matters, and Board employee means a person the Board employs on a full-time, part-time, contract, or intern basis.

c) The Board, on its own motion or the motion of any party, may disqualify a hearing officer for bias or conflict of interest as provided by Section 10-30(b) of the IAPA [5 ILCS 100/10-30(b)].

d) In complianceaccordance with Section 128 of the federal Clean Air Act, at least a majority of Board members must represent the public interest and must not derive any significant portion of their income from persons subject to permits or enforcement orders under the Clean Air Act or Illinois Environment Protection Act. Any potential conflicts of interests by Board members must be adequately disclosed.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.114 Ex Parte Communications

a) For the purposes of this Section, "interested person or party" means a person or entity whose rights, privileges, or interests are the subject of or are directly affected by a regulatory, quasi-adjudicatory, investment, or licensing matter. [5 ILCS 430/5-50(d)] For this definition, a time-limited water quality standard proceeding is considered a regulatory matter.

b) For the purposes of this Section, "Executive Ethics Commission" means the commission created by the State Officials and Employees Ethics Act [5 ILCS 430].

c) Adjudicatory, and Regulatory, and Time-Limited Water Quality Standard Proceedings. Board membersMembers and Board employees must not engage in an ex parte communication designed to influence their action regardingwith respect to an adjudicatory, a or regulatory, or a time-limited water quality

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standard proceeding pending before or under consideration by the Board. (See definition of "ex parte communication" in Section 101.202.) Whenever practicable, an interested person or party or his or her official representative or attorney should make all communications regardingwith respect to an adjudicatory, or regulatory, or time-limited water quality standard proceeding pending before or under consideration by the Board in writing and address them to the Clerk rather than to individual Board membersMembers or Board employees. (See Sections 101.110 and 101.628.) d) Nothing in this Section precludes Board membersMembers or Board employees from receiving informal complaints about individual pollution sources, or forbids the administrative contacts as would be appropriate for judges and other judicial officers. Information about a pollution source included in the record of a regulatory or time-limited water quality standard proceeding is not an ex parte communication regardingwith respect to any adjudicatory proceeding concerning the pollution source. e) When the Clerk on behalf of the Board, a Board member, or a Board employee receives an ex parte communication from an interested person or party or his or her official representative or attorney, the recipient, in consultation with the Board's ethics officer or his or her designee, willmust promptly memorialize the communication and make it part of the record of the proceeding. To make an oral ex parte communication part of the record, the substance of the oral communication, along with the identity of each person involved in the communication, will be either statedset forth in a memorandum and placed in the record or announced on the record at a public hearing. f) When the Clerk on behalf of the Board, a Board member, or a Board employee receives an ex parte communication, other than an ex parte communication received from an interested person or party or his or her official representative or attorney, that communication willmust be promptly reported to the Board's ethics officer or his or her designee by the recipient of the communication and by any other employee of the Board who responds to the communication.

1) The ethics officer or his or her designee, in consultation with the recipient of the ex parte communication, willmust ensure that the ex parte communication is promptly made part of the record of the proceeding. [5 ILCS 430/5-50(c)]

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2) The ethics officer or his or her designee, in consultation with the recipient of the ex parte communication, willmust promptly file the ex parte communication with the Executive Ethics Commission, including:

A) All written communications;

B) All written responses to the communications;

C) A memorandum prepared by the ethics officer stating the nature and substance of all oral communications;

D) The identity and job title of the person to whom each communication was made;

E) All responses made;

F) The identity and job title of the person making each response;

G) The identity of each person from whom the written or oral ex parte communication was received;

H) The individual or entity represented by that person;

I) Any action the person requested or recommended; and

J) Any other pertinent information.

3) The disclosure shall also contain the date of any ex parte communication. [5 ILCS 430/5-50(c)]

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

SUBPART B: DEFINITIONS

Section 101.200 Definitions Contained in the Act

Unless otherwise provided in 35 Ill. Adm. Code 101 through -130, or unless a different meaning of a word or term is clear from the context, the definitions of the Act apply to the Board's procedural rules, found in 35 Ill. Adm. Code 101 through 130.

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(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.202 Definitions for Board's Procedural Rules

Unless otherwise provided in 35 Ill. Adm. Code 101 through 130101-130, or unless a different meaning of a word or term is clear from the context, the following definitions also apply to the Board's procedural rules, found in 35 Ill. Adm. Code 101 through 130:

"Act" means the Environmental Protection Act [415 ILCS 5].

"Adjudicatory proceeding" means an action of a quasi-judicial nature brought before the Board under authority granted to the Board by Section 5(d) of the Act or as otherwise provided by law. Adjudicatory proceedings include enforcement, variance, permit appeal, pollution control facility siting appeal, Underground Storage Tank (UST) Fund determination, water well set back exception, adjusted standard, and administrative citation proceedings. Adjudicatory proceedings do not include regulatory, quasi-legislative, or informational, or time-limited water quality standard proceedings.

"Adjusted standard" or "AS" means an alternative standard granted by the Board in an adjudicatory proceeding under Section 28.1 of the Act and 35 Ill. Adm. Code 104.Subpart D. The adjusted standard applies instead of the rule or regulation of general applicability.

"Administrative citation" or "AC" means a citation issued by the Agency or by a unit of local government acting as the Agency's delegate. (See 35 Ill. Adm. Code 108.)

"Administrative citation review" or "administrative citation appeal" means a petition for review of an administrative citation. (See 35 Ill. Adm. Code 108.)

"Affidavit" means a sworn, signed statement witnessed by a notary public.

"Agency" means the Illinois Environmental Protection Agency as established by Section 4 of the Act.

"Agency recommendation" means the document filed by the Agency under Section 28.1(d)(3),Sections 37(a), or 38.5(g) and 28.1(d)(3) of the Act in which

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NOTICE OF ADOPTED AMENDMENTS the Agency provides its recommended disposition of a petition for variance or an adjusted standard, a variance, or a time-limited water quality standard, respectively. This includes a recommendation to deny, or a recommendation to grant with or without conditions. (See 35 Ill. Adm. Code 104.218, and 104.416, and 104.550.)

"Amicus curiae brief" means a brief filed in a proceeding by any interested person who is not a party. (See Sections 101.110 and 101.628.)

"Applicant" means any person who submits, or has submitted, an application for a permit or for local siting approval under any of the authorities to issue permits or granting of siting approval identified in Sections 39, 39.1, and 39.5 of the Act.

"Article" means any object, material, device or substance, or whole or partial copy thereof, including any writing, record, document, recording, drawing, sample, specimen, prototype, model, photograph, culture, microorganism, blueprint or map. [415 ILCS 5/7.1]

"Attorney General" means the Attorney General of the State of Illinois or his or her representatives thereof.

"Authorized representative" means any person who is authorized to act on behalf of another person.

"Board" means the Illinois Pollution Control Board as created in Section 5 of the Act or, if applicable, its designee.

"Board decision" means an opinion or an order voted in favor of by at least three members of the Board at an open Board meeting except in a proceeding to remove a seal under Section 34(d) of the Act.

"Board designee" means an employee of the Board who has been given authority by the Board to carry out a function for the Board (e.g., the Clerk, Assistant Clerk of the Board, or hearing officer).

"Board meeting" means an open meeting held by the Board under Section 5(a) of the Act in which the Board makes its decisions and determinations.

"Board's procedural rules" means the Board's regulations set forth at 35 Ill. Adm.

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Code 101 through 130.

"Brief" means a written statement that summarizescontains a summary of the facts of a proceeding, states the pertinent laws, and arguesan argument of how the laws applylaw applies to the facts supporting a position.

"CAAPP" means the Clean Air Act Permit Program, as adopted in Section 39.5 of the Act.

"Certificate of acceptance" means a certification, executed by a successful petitioner in a variance proceeding, in which the petitioner agrees to be bound by all terms and conditions that the Board has affixed to the grant of variance.

"Chairman" means the Chairman of the Board designated by the Governor under Section 5(a) of the Act.

"Citizen's enforcement proceeding" means an enforcement action brought before the Board under Section 31(d) of the Act by any person who is not authorized to bring the action on behalf of the People of the State of Illinois.

"Clean Air Act" or "CAA" means the federal Clean Air Act, as now and hereafter amended (42 USC 7401 et seq.). [415 ILCS 5/39.5]

"Clean Water Act" means the federal Clean Water Act (33 USC 1251 et seq.).

"Clerk" means the Clerk of the Board.

"Clerk's Office On-Line" or "COOL" means the Board's web-based file management system that allows electronic filing of and access to electronic documents in the records of the Board's adjudicatory, and regulatory, and time- limited water quality standard proceedings. COOL is located on the Board's website at pcb.illinois.govhttp://www.ipcb.state.il.us/COOL/ external/.

"Code of Civil Procedure" means 735 ILCS 5.

"Complaint" means the initial filing that begins an enforcement proceeding under Section 31 of the Act and 35 Ill. Adm. Code 103.

"Compliance plan" means a detailed description of a program designed to achieve

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NOTICE OF ADOPTED AMENDMENTS compliance with the Act and Board regulations.

"Copy" means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article. [415 ILCS 5/7.1]

"Counter-complaint" means a pleading that a respondent files statingsetting forth a claim against a complainant in an enforcement proceeding. (See 35 Ill. Adm. Code 103.206.)

"Cross-complaint" means a pleading that a party files statingsetting forth a claim against a co-party in an enforcement proceeding. (See 35 Ill. Adm. Code 103.206.)

"Cross-media impacts" means impacts that concern multiple environmental areas, such as air, land, and and/or water.

"Decision date" means the date of the Board meeting immediately preceding the decision deadline.

"Decision deadline" means the last day of any decision period, as established by law, within which the Board must decideis required to render a decision in an adjudicatory proceeding. (See Subpart C. See also Sections 38(a), 40, and 40.1 of the Act that establish 120-day decision deadlines for variances, permit appeals, and review of pollution control facility siting decisions respectively.)

"Decision period" means the timeframeperiod of time established by the Act within which the Board mustis required to make a finalBoard decision in specifiedcertain adjudicatory proceedings. (See Subpart C. See also Sections 38(a), 40, and 40.1 of the Act, which that establish 120-day decision deadlines for variances, permit appeals, and review of pollution control facility siting decisions, respectively.)

"Deinked stock" means paper that has been processed to remove inks, clays, coatings, binders and other contaminants. [415 ILCS 20/2.1]

"Delegated unit" means the unit of local government to which the Agency has delegated its administrative citation or other function under Section 4(r) of the Act.

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"Digital signature" means a type of electronic signature created by transforming an electronic document using a message digest function and encrypting the resulting transformation with an asymmetric cryptosystem using the signer's private key such that any person having the initial untransformed electronic document, the encrypted transformation, and the signer's corresponding public key can accurately determine whether the transformation was created using the private key that corresponds to the signer's public key and whether the initial electronic document has been altered since the transformation was made. A digital signature is a security device. [5 ILCS 175/5-105]

"Discovery" means a pre-hearing process that can be used to obtain facts and information about the adjudicatory proceeding in order to prepare for hearing. The discovery tools include depositions upon oral and written questions, written interrogatories, production of documents or things, and requests for admission.

"DNR" means the Illinois Department of Natural Resources.

"DOA" means the Illinois Department of Agriculture.

"Duplicative" means the matter is identical or substantially similar to one brought before the Board or another forum.

"Electronic" includes electrical, digital, magnetic, optical, electromagnetic, or any other form of technology that entails capabilities similar to these technologies. [5 ILCS 175/5-105]

"Electronic document" means any notice, information, or filing generated, communicated, received or stored by electronic means to use in an information system or to transmit from one information system to another. (See 5 ILCS 175/5-105.)

"Electronic signature" means a signature in electronic form attached to or logically associated with an electronic document. [5 ILCS 175/5-105]

"Environmental Management System Agreement" or "EMSA" means the agreement between the Agency and a sponsor, entered into under Section 52.3 of the Act and 35 Ill. Adm. Code 187, that describes the innovative environmental measures to be implemented, schedules to attain goals, and mechanisms for

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NOTICE OF ADOPTED AMENDMENTS accountability.

"Enforcement proceeding" means an adjudicatory proceeding brought upon a complaint filed under Section 31 of the Act by the Attorney General, State's Attorney, or other persons, in which the complaint alleges violation of the Act, any rule or regulation adopted under the Act, any permit or term or condition of a permit, or any Board order.

"EPRR Act" means the Electronic Products Recycling and Reuse Act [415 ILCS 150].

"Ex parte communication" means any written or oral communication by any person that imparts or requests material information or makes a material argument regarding potential action concerning regulatory, quasi-adjudicatory, investment, or licensing matters pending before or under consideration by the Board. For this definition, a time-limited water quality standard proceeding is considered a regulatory matter. "Ex parte communication" does not include the following:

statements by a person publicly made in a public forum, including pleadings, transcripts, public comments, and public remarks made part of the proceeding's record;

statements regarding matters of procedure and practice, such as format, the number of copies required, the manner of filing, and the status of a matter; and

statements made by a State employee of the Board to Board members or other employees of the Board. [5 ILCS 430/5-50(b)] For purposes of this definition, "Board employee" means a person the Board employs on a full- time, part-time, contract or intern basis. (See Section 101.114.)

"Fast-Track rulemaking" means a Clean Air Act rulemaking conducted under Section 28.5 of the Act.

"Federally required rule" means a rule that is needed to meet the requirements of the federal Clean Water Act, Safe Drinking Water Act, Clean Air Act (including required submission of a State Implementation Plan), or Resource Conservation and Recovery Act, other than a rule required to be adopted under subsection (c)

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NOTICE OF ADOPTED AMENDMENTS of Section 13, Section 13.3, Section 17.5, subsection (a) or (d) of Section 22.4, or subsection (a) of Section 22.40. [415 ILCS 5/28.2]

"Filing" means the act of delivering a document or article into the custody of the Clerk with the intention of incorporating that document or article into the record of a proceeding before the Board. The Clerk's Office is located at 100 West Randolph Street, Suite 11-500, Chicago IL 60601. Electronic filing is done through COOL on the Board's website.

"Final order" means an order of the Board that terminates the proceeding leaving nothing further to litigate or decide and that is subject to judicial review. (See Subpart I.)

"Frivolous" means a request for relief that the Board does not have the authority to grant, or a complaint that fails to state a cause of action upon which the Board can grant relief.

"Hearing" means a public proceeding conducted by a hearing officer whenwhere the parties and other interested persons, as provided for by law and the Board's procedural rules, present evidence and argument regarding their positions.

"Hearing officer" means a person licensed to practice law in the State of Illinois who presides over hearings and otherwise carries out record development responsibilities as directed by the Board.

"IAPA" means the Illinois Administrative Procedure Act [5 ILCS 100].

"Identical-in-substance rules" or "identical-in-substance regulations" means State regulations which require the same actions with respect to protection of the environment, by the same group of affected persons, as would federal regulations if USEPA administered the subject program in Illinois. [415 ILCS 5/7.2]

"Initial filing" means the filing that initiates a Board proceeding and opens a docket. For instance, the initial filing in an enforcement proceeding is the complaint; in a permit appeal, it is a petition for review; and in a regulatory proceeding, it is the proposal.

"Innovative environmental measures" means any procedures, practices, technologies or systems that pertain to environmental management and are

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NOTICE OF ADOPTED AMENDMENTS expected to improve environmental performance when applied. (See 35 Ill. Adm. Code 106.Subpart G.)

"Inquiry hearing" means a hearing conducted by the Board to seekfor the purpose of seeking input and comment from the public regarding the need for a rulemaking onproceeding in a specific subjectarea.

"Interlocutory appeal" means an appeal of a Board decision to the appellate court that is not dispositive of all the contested issues in the proceeding. (See Section 101.908.) An interlocutory appeal may also be the appeal of a hearing officer ruling to the Board. (See Section 101.518.)

"Intervenor" means a person, not originally a party to an adjudicatory proceeding, who voluntarily participates as a party in the proceeding with the permission of the Board. (See Section 101.402.)

"Intervention" means the procedure by which a person, not originally a party to an adjudicatory proceeding, voluntarily comes into the proceeding as a party with the permission of the Board. (See Section 101.402.)

"JCAR" means the Illinois General Assembly's Joint Committee on Administrative Rules established by the IAPA (see 5 ILCS 100/5-90).

"Joinder" means the procedure by which the Board adds a person, not originally a party to an adjudicatory proceeding, as a party to the proceeding. (See Section 101.403 and 35 Ill. Adm. Code 103.206.)

"Misnomer" means a mistake in the name of a, giving an incorrect name in a complaint or other document with respect to any properly included party.

"Motion" means a request made to the Board or the hearing officer for the purposes of obtaining a ruling or order directing or allowing some act to be done in favor of the movant. (See definition of "movant" in this Section.)

"Movant" means the person who files a motion.

"New pollution control facility" means a pollution control facility initially permitted for development or construction after July 1, 1981; or the area of expansion beyond the boundary of a currently permitted pollution control facility;

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NOTICE OF ADOPTED AMENDMENTS or a permitted pollution control facility requesting approval to store, dispose of, transfer or incinerate, for the first time, any special or hazardous waste. [415 ILCS 5/3.330(b)]

"Non-disclosable information" means information which constitutes a trade secret; information privileged against introduction in judicial proceedings; internal communications of the several agencies; information concerning secret manufacturing processes or confidential data submitted by any person under the Act. [415 ILCS 5/7(a)]

"Notice list" means the list of persons in a regulatory or time-limited water quality standard proceeding who will receive all Board opinions and orders and all hearing officer orders. Persons on a notice list generally do not receive copies of motions, public comments, or testimony. (See definition of "service list" in this Section. See also 35 Ill. Adm. Code 102.422 and 104.520(b)(4).)

"Notice to reinstate" means a document filed that restartsrecommences the decision period after a decision deadline waiver has been filed. The notice will give the Board a full decision period in which to make a decision. (See Section 101.308.)

"Oral argument" means a formal verbal statement of advocacy on a proceeding's legal questions made at a Board meeting with the Board's permission. (See Section 101.700.)

"OSFM" means Office of the State Fire Marshal.

"OSFM appeal" means an appeal of an OSFM final decision concerning eligibility and deductibility made under Title XVI of the Act.

"Participant" means any person, not including the Board or its staff, who takes part in an adjudicatory proceeding butwho is not a party, or a person who takes part in a regulatory or other quasi-legislative proceeding or a time-limited water quality standard proceeding before the Board. A person becomes a participant in any of several ways, including filing a comment, being added to the proceeding's notice list of a particular proceeding, testifying at hearing, or making public remarks at a Board meeting. The participants in a time-limited water quality standard proceeding include the petitioner and the Agency and are further described at 35 Ill. Adm. Code 104.520(b).

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NOTICE OF ADOPTED AMENDMENTS

"Participant in a CAAPP Comment Process" means a person who takes part in a Clean Air Act Permit Program (CAAPP) permit hearing before the Agency or comments on a draft CAAPP permit.

"Party" means the person by or against whom an adjudicatory proceeding is brought or who is granted party status by the Board through intervention or joinder.

"Party in interest" means the Agency when asked to conduct an investigation under Section 30 of the Act during an ongoing proceeding. (See Section 101.404.)

"Peremptory rulemaking" means any rulemaking that is required as a result of federal law, federal rules and regulations, or an order of a court, under conditions that preclude compliance with the general rulemaking requirements of Section 5-40 of the IAPA and that preclude the exercise by the Board as to the content of the rule it is required to adopt. [5 ILCS 100/5-50]

"Permit appeal" means an adjudicatory proceeding brought before the Board under Title X of the Act.

"Person" means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, or their legal representative, agent or assigns. [415 ILCS 5/3.315]

"Petition" means the initial filing in an adjudicatory proceeding (other than an enforcement proceeding) or a time-limited water quality standard proceeding, including permit appeals, OSFM appeals, UST appeals, appeals of pollution control facility siting decisions, variances and adjusted standards.

"Pilot project" means an innovative environmental project that covers one or more designated facilities, designed and implemented in the form of an EMSA. (See Section 52.3 of the Act.)

"Pollution control facility" is defined at Section 3.330(a) of the Act for purposes of this Part and 35 Ill. Adm. Code 107.

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"Pollution control facility siting appeal" means an appeal of a decision made by a unit of local government filed with the Board under Section 40.1 of the Act.

"Postconsumer material" means paper, paperboard, and fibrous wastes from retail stores, office buildings, homes, and so forth, after the waste has been passed through its end usage as a consumer item, including used corrugated boxes, old newspapers, mixed waste paper, tabulating cards, and used cordage. Additionally, it includes all paper, paperboard, and other fibrous wastes that are diverted or separated from the municipal solid waste stream. [415 ILCS 20/3(f)(2)(i) and (ii)] (See also definition of "recycled paper" in this Section.)

"Prehearing conference" means a meeting held in an adjudicatory case or a time- limited water quality standard proceeding to determine the status of the proceedings. A prehearing conference may also be a meeting held in a regulatory proceeding prior to the hearing, the purposes of which shall be to maximize understanding of the intent and application of the proposal, if possible, and to attempt to identify and limit the issues of disagreement among participants to promote efficient use of time at hearing. [415 ILCS 5/27(d)] (See 35 Ill. Adm. Code 102.404 and 102.406.)

"Proceeding" means an action conducted before the Board under authority granted byunder Section 5 of the Act or as otherwise provided by law. Board proceedings are generally of two types: quasi-legislative (rulemaking and inquiry proceedings) and quasi-judicial (adjudicatory proceedings). A time-limited water quality standard proceeding is neither adjudicatory nor subject to rulemaking procedural requirements. (See 415 ILCS 5/38.5(a), (l)).

"Proponent" means any person, not including the Board or its staff, who submits a regulatory proposal to the Board for the adoption, amendment, or repeal of a regulation.

"Provisional variance" means a short-term variance sought by an applicant and issued by the Agency under Section 35(b) of the Act. (See 35 Ill. Adm. Code 104.Subpart C.)

"Public comment" means information submitted to the Board during a pending proceeding either by oral statement made at hearing or written statement filed with the Board.

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"Public remarks" mean an oral statement that is publicly made at a Board meeting and directed to the Board concerning a proceeding listed on that meeting's agenda. (See Section 101.110(d).)

"PWSO Act" means the Public Water Supply Operations Act [415 ILCS 45].

"Qualitative description" means a narrative description pertaining to attributes and characteristics.

"Quantitative description" means a numerically based description pertaining to attributes and characteristics.

"RCRA variance" means a variance from a RCRA rule or a RCRA permit required under Section 21(f) of the Act.

"Record" means the official collection, as kept by the Clerk, of all documents and exhibits including pleadings, transcripts, and orders filed during the course of a proceeding.

"Recycled paper" means paper thatwhich contains at least 50% recovered paper material. The recovered paper material must contain at least 45% deinked stock or postconsumer material. (See also "postconsumer material" in this Section.)

"Regulatory hearing" or "proceeding" means a hearing or proceeding held under Title VII of the Act or other applicable law regardingwith respect to regulations.

"Regulatory relief mechanisms" means variances, provisional variances, and adjusted standards, and time-limited water quality standards. (See 35 Ill. Adm. Code 104.)

"Representing" means, for purposes of Part 130, describing, depicting, containing, constituting, reflecting or recording. [415 ILCS 5/7.1]

"Requester" means, for purposes of Part 130, the person seeking from the agency the material claimed or determined to be a trade secret (see 415 ILCS 5/7.1).

"Resource Conservation and Recovery Act" or "RCRA" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.).

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"Responsible Operator in Charge" means an individual who is designated as a Responsible Operator in Charge of a community water supply under Section 1 of the PWSO Act.

"Rulemaking" or "rulemaking proceeding" means a proceeding brought under Title VII of the Act or other applicable law to adopt, amend, or repealfor the purpose of adoption, amendment, or repeal of a regulation.

"Sanction" means a penalty or other mechanism used by the Board to provide incentives for compliance with the Board's procedural rules, Board orders or hearing officer orders. (See also Subpart H.)

"SDWA" means the federal Safe Drinking Water Act (42 USC 300f et seq.).

"Service" means delivery of a document upon a person. (See Sections 101.300(c) and 101.304.)

"Service list" means the list of persons designated by the hearing officer or Clerk in a regulatory, or adjudicatory, or time-limited water quality standard proceeding upon whom parties or participants must serve motions, prefiled questions, and prefiled testimony, and any other documents that the parties or participants file with the Clerk unless the hearing officer otherwise directs. (See definition of "notice list" in this Section. See also 35 Ill. Adm. Code 102.422.)

"Severance" means the separation of a proceeding into two or more independent proceedings, each of which terminates in a separate, final judgment.

"Site-specific rule or regulation" means a proposed or adopted regulation, not of general applicability, that applies only to a specific facility, geographic site, or activity. (See 35 Ill. Adm. Code 102.208.)

"Sponsor" means the proponent of a pilot project that enters into an EMSA with the Agency.

"State enforcement proceeding" means an enforcement proceeding, other than a citizen's enforcement proceeding, that is brought under Section 31 of the Act.

"Stay" means a temporary suspension of the regular progress of a proceeding

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"Subpoena" means a command to appear at a specifiedcertain time and place to testify ongive testimony upon a specifiedcertain matter.

"Subpoena duces tecum" means a document that compels the production of specific documents and other items at a specified time and place.

"Summary judgment" means the disposition of an adjudicatory proceeding without hearing when the record, including pleadings, depositions and admissions on file, together with any affidavits, shows that there is no genuine issue of material fact, and that the moving party is entitled to judgment as a matter of law. (See Section 101.516.)

"Third-party complaint" means a pleading that a respondent files statingsetting forth a claim against a person who is not already a party to the enforcement proceeding. (See 35 Ill. Adm. Code 103.206.)

"Time-Limited Water Quality Standard" or "TLWQS" means a time-limited designated use and criterion for a specific pollutant or water quality parameter that reflects the highest attainable condition during the term of that relief. (See 35 Ill. Adm. Code 104.Subtitle E.)

"Trade secret" means the whole or any portion or phase of any scientific or technical information, design, process (including a manufacturing process), procedure, formula or improvement, or business plan which is secret in that it has not been published or disseminated or otherwise become a matter of general public knowledge, and which has competitive value. A trade secret is presumed to be secret when the owner thereof takes reasonable measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. [415 ILCS 5/3.490]

"Transcript" means the official recorded testimony from a hearing or public remarks from a Board meeting.

"USEPA" means the United States Environmental Protection Agency.

"Underground storage tank appeal" or "UST appeal" means an appeal of an Agency final decision made under Title XVI of the Act.

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"UST" means underground storage tank.

"Variance" means a temporary exemption from any specified regulation, requirement, or order of the Board granted to a petitioner by the Board under Title IX of the Act upon presentation of adequate proof that compliance with the rule or regulation, requirement or order of the Board would impose an arbitrary or unreasonable hardship. [415 ILCS 5/35(a)]

"Waiver" means the intentional relinquishing of a known right, usually regardingwith respect to a hearing before the Board or entry of a Board decision within the decision period. (See also Section 101.308.)

"Website" means the Board's computer-based informational and filing service accessed on the Internet at pcb.illinois.govhttp://www.ipcb.state.il.us.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

SUBPART C: COMPUTATION OF TIME, FILING, SERVICE OF DOCUMENTS, AND STATUTORY DECISION DEADLINES

Section 101.300 Computation of Time

a) Computation of Time. Computation of any period of time prescribed in the Act, other applicable law, or this Subpart will begin with the first calendar day following the day on which the act, event, or development occurs and will run until the close of business on the last day, or the next business day if the last day is a Saturday, Sunday, or national or State legal holiday.

b) Date of Filing. Documents will be considered filed with the Clerk only if they are filed in compliance with Section 101.302 and any other filing requirements specified elsewhere in the Board's procedural rules (see 35 Ill. Adm. Code 101 through 130). Subpart J statessets forth when electronic documents submitted to COOL will be considered filed.

1) If a document is submitted to the Clerk for filing in person, by U.S. Mail, by e-mail or facsimile under Section 101.302(d), or by third-party commercial carrier, the document is considered filed on the date it is received by the Clerk, except as provided in subsection (b)(2). However, a document received by the Clerk after 4:30 p.m. is considered filed on the

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next business day. The Clerk will mark the filing date on each filed document.

2) IfNotwithstanding subsection (b)(1), if the Clerk receives a document by U.S. Mail or third-party commercial carrier after a filing deadline date, the document will be considereddeemed filed on:

A) The date on which the document was provided to the U.S. Postal Service; or

B) The date on which the document was provided to the third-party commercial carrier for delivery to the Clerk within three business days.

3) For purposes of subsection (b)(2), documentation of when the document being filed was provided to the U.S. Postal Service or the third-party commercial carrier consists of the affidavit or certificate required by Section 101.304(d)(2)(A) or (d)(4) and must accompany the document being filed. In addition, for delivery by a third-party commercial carrier, the affidavit or certificate must contain the filing party's representation that the charge for delivery to the Clerk within three business days was prepaid.

4) For purposes of Board decision deadlines, the decision period does not begin until the date marked by the Clerk on the initial filing. c) Date of Service. Documents will be considered served upon another party only if they are served in compliance with Section 101.304 and any other service requirements specified elsewhere in the Board's procedural rules. The date of service is determined as follows:

1) Personal Service. Personal service of a document is complete on the date on which the document was delivered, as specified in either the affidavit or certificate of service signed by the person who made personal delivery or the declaration of service signed by the process server who made personal delivery.

2) Service by U.S. Mail or Third-Party Commercial Carrier with Recipient Signature. If a recipient's signature is recorded by the U.S. Postal Service

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or a third-party commercial carrier upon delivery of a document, service is complete on the date on which the document was delivered, as specified in the signed delivery confirmation.

3) Service by E-Mail or Facsimile. Service of a document by e-mail or facsimile is complete on the date on which the document was successfully transmitted, as specified in the affidavit or certificate of service, signed by the party to the proceeding who is serving the document. However, a document successfully e-mailed or faxed on a Saturday or Sunday, on a national or State legal holiday, or after 5:00 p.m. on a weekday is considereddeemed served on the next business day.

4) Service by U.S. Mail or Third-Party Commercial Carrier without Recipient Signature. If a recipient's signature is not recorded by the U.S. Postal Service or a third-party commercial carrier upon delivery of a document, service is presumed complete four days after the date on which the document was provided to the U.S. Postal Service or the third-party commercial carrier.

A) The presumption applies only if an affidavit or certificate of service, signed by the party to the proceeding who is serving the document, states the following: the date, the time by when, and the place the document was provided to the U.S. Postal Service or the third-party commercial carrier; the address appearing on the envelope or package containing the document; and that proper postage or the delivery charge was prepaid.

B) The presumption can be rebutted by proper proof, which may include delivery tracking information from the website of the U.S. Postal Service or the website of the third-party commercial carrier. d) Date of Board Decision and Date of Service of Final Board Decision.

1) For apurposes of statutory decision deadline proceedingproceedings, the date of the Board decision is the date of the Board meeting at which a final Board order was adopted.

2) For purposes of appealing a final adjudicatory decision of the Board, the date of service of the final decision is the date on which the party receives

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the Board's certified mailing of the decision. If a motion for reconsideration is timely filed under Section 101.520, the date of service of the final decision is the date on which the party receives the Board's certified mailing of the Board order ruling upon the motion.

3) For purposes of appealing a final rulemaking decision of the Board in which a rule is adopted, amended, or repealed, a person is considereddeemed to have been served with the final decision on the date on which the new rule, the amendment, or the repealer becomes effective under the IAPA. For purposes of appealing a final rulemaking decision in which no rule is adopted, amended, or repealed, the date of service of the final decision is the date on which the participant receives the Board's mailing of the decision. If a motion for reconsideration is timely filed under the Board's procedural rules (35 Ill. Adm. Code 102.700 and 102.702), the date of service of the final decision is the date on which the participant receives the Board's mailing of the Board order ruling upon the motion.

4) For appealing a final decision of the Board in a TLWQS proceeding, a person is considered to have been served with the final decision on the date on which the decision is first published on the Board's website. (See 415 ILCS 5/38.5(j)).

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.302 Filing of Documents

a) This Section contains the Board's general filing requirements. Additional requirements may exist for specific proceedings elsewhere in the Board's procedural rules (see 35 Ill. Adm. Code 101 through 130). The Clerk will refuse for filing any document that does not comply with the minimum requirements of this Section.

b) All documents to be filed with the Board must be filed with the Clerk.

1) If allowed by the Board, the hearing officer, the Clerk, or the procedural rules to be filed in paper under subsection (h), documents must be filed at the following address:

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Pollution Control Board, Attn: Clerk 100 West Randolph Street James R. Thompson Center, Suite 11-500 Chicago, Illinois 60601-3218

2) All documents filed with the Clerk must provide the name and signature of the person seeking to file the document and identify the name of the person on whose behalf the document is being filed. If a paper document is submitted for filing, the original must bear the original pen-and-ink signature of the person seeking to file the document. Signatures for purposes of electronic filings through COOL are addressed in Section 101.1010.

3) Each document being filed with the Clerk must be accompanied by a notice of filing (see Appendix D) and documentation of service (see Section 101.304(d)).

4) The date on which a document is considered to have been filed is determined under Section 101.300(b).

5) ServingService of a document upon a hearing officer does not qualify asconstitute filing it with the Clerk unless the document is submitted to the hearing officer during the course of a hearing. c) Electronic documents may be filed through COOL under Subpart J. Paper documents may be filed with the Clerk by U.S. Mail, in person, or by third-party commercial carrier. d) A filing by e-mail or facsimile will only be allowed with the prior approval of the Clerk of the Board or the hearing officer assigned to the proceeding. Any prior approval by the Clerk or hearing officer applies only to the specified filing. e) The initial filings listed in this subsection require filing fees and will only be considered filed when accompanied by the appropriate fee. The fee may be paid in the form of government voucher, money order, or check made payable to the Illinois Pollution Control Board, or electronically through COOL with a valid credit cardin accordance with Section 101.1040(b)(1), but cannot be paid in cash.

1) Petition for Site-Specific Regulation, $75;

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2) Petition for Variance, $75;

3) Petition for Review of Agency Permit Decision, UST Decision, or any other appeal filed under Section 40 of the Act, $75;

4) Petition to Review Pollution Control Facility Siting Decisions, under Section 40.1 of the Act, $75; and

5) Petition for Adjusted Standard, under Section 28.1 of the Act, $75; and.

6) Petition for TLWQS, under Section 38.5, $75. f) For each document filed with the Clerk, the filing party must serve a copy of the document upon the other parties and, if a hearing officer has been assigned, upon the hearing officer in complianceaccordance with Section 101.304. g) All documents filed with the Board must contain the relevant proceeding caption and docket number. All documents must be submitted on or formatted to print on 8½ x 11 inch paper, except as provided in subsection (j). Paper documents must be submitted on recycled paper as defined in Subpart B, and double sided. All pages in a document must be sequentially numbered. All documents created by word processing programs must be formatted as follows:

1) The margins must each be a minimum one inch on the top, bottom, and both sides of the page; and

2) The size of the type in the body of the text must be at leastno less than 12- point font, and in footnotes at leastno less than 10-point font. h) Unless the Board, the hearing officer, the Clerk, or the procedural rules provide otherwise, all documents must be filed through COOL electronically.

1) If a document is filed in paper, the original and two copies of the document (three total) are required. If a document is filed through COOL in complianceaccordance with Subpart J, no paper original or copy of the document is required.

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2) The following documents must be filed through COOL or on compact disk or other portable electronic data storage device, comply withmeet the requirements of Section 101.1030(g), and, to the extent technically feasible, be in text-searchable Adobe PDF:

A) The Agency record required by 35 Ill. Adm. Code 105.212, 105.302, or 105.410, or 35 Ill. Adm. Code 125.208 (see 35 Ill. Adm. Code 105.116);

B) The OSFM record required by 35 Ill. Adm. Code 105.508 (see 35 Ill. Adm. Code 105.116);

C) The local siting authority record required by 35 Ill. Adm. Code 107.302 (see 35 Ill. Adm. Code 107.304); and

D) A petition filed under 35 Ill. Adm. Code 104 or 35 Ill. Adm. Code 106 (see 35 Ill. Adm. Code 104.106 and 35 Ill. Adm. Code 106.106).

3) A document containing information claimed or determined to be a trade secret, or other non-disclosable information under 35 Ill. Adm. Code 130, is prohibited from being filed electronically and must instead be filed only in paper. The version of the document that is redacted under 35 Ill. Adm. Code 130 must be filed through COOL.

4) When filing a rulemaking proposal, if any document protected by copyright law (17 USC 101 et seq.) is proposed under Section 5-75 of the IAPA [5 ILCS 100/5-75] to be incorporated by reference, the copyrighted document is prohibited from being filed electronically, but the remainder of the rulemaking proposal must be filed through COOL. In addition, the rulemaking proponent must:

A) File a paper original of the copyrighted document. The rulemaking proposal also must include:

i) The copyright owner's written authorization for the Board to make, at no charge to the Board, no more than a total of two paper copies of the copyrighted document if the Board is required by State law to furnish a copy to JCAR, a court,

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or a member of the public during or after the rulemaking; or

ii) The proponent's representation that it will, at its own expense, promptly acquire and deliver to the Clerk's Office no more than a total of two paper originals of the copyrighted document if the Clerk's Office notifies the proponent in writing that the Board is required by State law to furnish a copy to JCAR, a court, or a member of the public during or after the rulemaking; or

B) File a license or similar documentation of access that, at no charge to the Board, gives the Board the rights, during and after the rulemaking, to do the following: electronically access the copyrighted document from the sole designated computer at the Board's Chicago office; print a single copy of the copyrighted document to maintain at the Board's Chicago office; and print no more than a total of two copies of the copyrighted document if the Board is required by State law to furnish a copy to JCAR, a court, or a member of the public. i) No written discovery, including interrogatories, requests to produce, and requests for admission, or any response to written discovery, may be filed with the Clerk of the Board except with permission or direction of the Board or hearing officer. Any discovery request under these rules to any nonparty must be filed with the Clerk of the Board in complianceaccordance with subsection (h). j) Oversized Exhibits. When reasonably practicable, oversized exhibits must be reduced to conform to or be formatted to print on 8½ x 11-inch paper for filing with the Clerk's Office. However, even when an oversized exhibit is so reduced or formatted, the original oversized exhibit still must be filed with the Clerk's Office. In complianceaccordance with 2 Ill. Adm. Code 2175.300, the original oversized exhibit may be returned to the person who filed it. k) Page Limitation. No motion, brief in support of a motion, or brief may exceed 50 pages, and no amicus curiae brief may exceed 20 pages, without prior approval of the Board or hearing officer. These limits do not include appendices containing relevant material; however, materials that may be readily available to the Board,

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such as prior Board opinions and orders, federal regulations, and statutes, need not be included in appendices.

l) Documents filed that do not comply withmeet the requirements of 35 Ill. Adm. Code.Subtitle A may be rejected by the Clerk or the hearing officer. Any rejection of a filing will include a description of the Board's rules that have not been met.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.304 Service of Documents

a) Service Requirements. This Section contains the Board's general service requirements. However, the more specific Part for a proceeding type may contain additional requirements.

b) Duty to Serve and When to Initiate Service. A party filing a document with the Clerk under Section 101.302 must also serve one copy of the document upon each of the other parties to the adjudicatory proceeding and, if a hearing officer has been assigned, upon the assigned hearing officer. Service of a document must be initiated concurrently with submitting the document to the Clerk for filing.

1) Service of a document upon a party must be made upon a person authorized by law to receive service on behalf of the party. If a party is represented by an attorney who has filed an appearance, service upon the party is made by serving the document upon the party's attorney. If more than one attorney appears for a party, service upon one of the party's attorneys is sufficient.

2) Each document being served (e.g., enforcement complaint, petition for review) must be accompanied by a notice of filing (see Appendix D) and a copy of the documentation of service (see subsection (d)).

3) The date on which service of a document is considered to have been completed is determined under Section 101.300(c).

4) A proceeding is subject to dismissal, and the filing party is subject to sanctions, if service is not timely initiated or completed.

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5) Whether service of a document was proper may be challenged by the party allegedly served. To avoid waiving the right to contest personal jurisdiction, any challenge to service must be made under Section 101.400(a)(5). c) Methods of Service. A document must be served in one of the following ways:

1) Except as provided in subsection (c)(2), service of documents may be made by any of the following methods:

A) Personal service;

B) U.S. Mail;

C) Third-party commercial carrier;

D) E-mail in complianceaccordance with Subpart J; and

E) Facsimile, but only if the party being served has filed a notice consenting to receipt of facsimile service and not filed a notice revoking that consent.

2) Service of enforcement complaints and EMSA statements of deficiency upon respondents must be made by:

A) Personal service;

B) U.S. Mail with a recipient's signature recorded by the U.S. Postal Service upon delivery; or

C) A third-party commercial carrier with a recipient's signature recorded by the third-party commercial carrier upon delivery.

3) Service of administrative citations must be made as required under 35 Ill. Adm. Code 108. d) Documentation of Service and When to File Documentation of Service. A party serving a document upon another party must also file documentation of that service. A proceeding is subject to dismissal, and the filing party is subject to

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1) For personal service of a document, either an affidavit or certificate of service signed by the person who made personal delivery or a declaration of service signed by the process server who made personal delivery must accompany the document being filed with the Clerk. However, if the signed affidavit, certificate, or declaration is not available to the filing party when the document is filed with the Clerk, the filing must include:

A) An affidavit or certificate of service, signed by the filing party, stating that service has been initiated, but not yet completed, and providing the following: the date, the time by when, and the place the document was provided to the person making personal delivery; the address appearing on the envelope or package containing the document; and a statement that the delivery charge was prepaid; and

B) Within seven days after it becomes available to the filing party, the affidavit or certificate of service containing the signature of the person who made personal delivery or the declaration of service containing the signature of the process server, accompanied by a notice identifying the filed document to which the signed affidavit, certificate, or declaration corresponds. A copy of the signed affidavit, certificate, or declaration and the notice must be served under subsection (a).

2) For service of a document by U.S. Mail or third-party commercial carrier with a recipient's signature recorded by the U.S. Postal Service or the third-party commercial carrier upon delivery, the delivery confirmation containing the recipient's signature must accompany the document being filed with the Clerk. However, if the delivery confirmation containing the recipient's signature is not available to the filing party when the document is filed with the Clerk, the filing must include:

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party commercial carrier; the address appearing on the envelope or package containing the document; and a statement that the proper postage or the delivery charge was prepaid; and

B) Within seven days after it becomes available to the filing party, the delivery confirmation containing the recipient's signature, accompanied by a notice identifying the filed document to which the signed delivery confirmation corresponds. A copy of the delivery confirmation and the notice must be served under subsection (a).

3) For service of a document by e-mail or facsimile, an affidavit or certificate of service must accompany the document being filed with the Clerk. An affidavit or certificate of e-mail service must comply with Section 101.1060. An affidavit or certificate of facsimile service must include the date and time of the facsimile transmission, the telephone number to which the transmission was sent, the number of pages transmitted, and a statement that the document was served by facsimile.

4) For service of a document by U.S. Mail or a third-party commercial carrier without a recipient's signature recorded by the U.S. Postal Service or the third-party commercial carrier upon delivery, an affidavit or certificate of service must accompany the document being filed with the Clerk. The affidavit or certificate must state the following: the date, the time by when, and the place the document was provided to the U.S. Postal Service or the third-party commercial carrier; the address appearing on the envelope or package containing the document; and that proper postage or the delivery charge was prepaid.

5) An affidavit of service must be notarized and is for use by a non-attorney. A certificate of service is for use by an attorney. Sample forms of an affidavit of service and a certificate of service are available in Appendices E and H.

6) A certificate of service must bear an attorney's signature. Signatures in affidavits of service, declarations of service, and delivery confirmations must be written by hand. A handwritten signature in documentation of service filed with the Clerk may be a facsimile or digitized electronic signature.

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e) Service of Amicus Curiae Briefs. Any person who files an amicus curiae brief with the Board in any proceeding must serve copies of that brief on all parties in complianceaccordance with this Section. f) Service of Comments of Participants in an Adjudicatory Proceeding. Participants mustare required to serve comments upon the parties to the proceeding. The Board will consider the comments as time and the Act or other applicable law allow. g) Service on Agencies. Service must be at the addresses listed below unless a specific person has an appearance on file with the Board or has, in complianceaccordance with Section 101.1070, consented to e-mail service.

1) Service on the Illinois Environmental Protection Agency. The Agency must be served at:

Division of Legal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield IL 62794-9276 [email protected]

2) Service on Office of State Fire Marshal. The OSFM must be served at:

Division of Petroleum and Chemical Safety Office of the State Fire Marshal 1035 Stevenson Dr. Springfield IL 62703

3) Service on the Illinois Attorney General. The Office of the Attorney General must be served at:

Division Chief of Environmental Enforcement Office of the Attorney General 100 West Randolph St., Suite 1200 Chicago IL 60601 [email protected]

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4) Service on the Illinois Department of Natural Resources. DNR must be served at:

Office of Legal Services Illinois Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

5) Service on the Illinois Department of Transportation. IDOT must be served at:

Office of Chief Counsel DOT Administration Building 2300 S. Dirksen Parkway, Room 300 Springfield IL 62764

6) Service on Region V of the United States Environmental Protection Agency. USEPA Region V must be served at:

USEPA, Region V 77 West Jackson Chicago IL 60604

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.306 Incorporation of Documents from Another Proceeding

a) Upon the separate written request of any person or on its own initiative, the Board or hearing officer may incorporate materials from the record of another Board docket into any proceeding. The person seeking incorporation must file the material to be incorporated with the Board in complianceaccordance with Section 101.302(h). The person seeking incorporation must demonstrate to the Board or the hearing officer that the material to be incorporated is authentic, credible, and relevant to the proceeding. Notice of the request must be given to all identified participants or parties by the person seeking incorporation.

b) The Board will give the incorporated matter the appropriate weight in light of the following factors: the standard of evidence under which the material was

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previously presented to the Board; the present purpose for incorporating the material; and the past and current opportunity for cross-examination of the matters asserted within the incorporated material.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.308 Statutory Decision Deadlines and Waiver of Deadlines

a) Petitions in the following proceedings each have a 120-day statutory decision deadline: Variances (Section 38 of the Act), Permit Appeals and UST appeals (Section 40 of the Act), and Pollution Control Facility Siting Review (Section 40.1 of the Act). Other adjudicatory proceedings may be subject to decision deadlines as provided by law.

b) WhenWhere the petitioner does not waive the decision deadline, the Board will proceed expeditiously to establish all hearing and filing requirements. Willful or unexcused failure to follow Board requirements on the deadlines will subject the party to sanctions under Subpart H. This Section will be strictly construed whenwhere there is a decision deadline unless the Board receives a waiver underas set out in subsection (c).

c) All waivers of a deadline for Board action must be filed as a separate document. Waivers must be titled and state which type of waiver it is, identify the proceeding by name and docket number, and be signed by the party or by an authorized representative or attorney. A waiver of a statutory deadline does not preclude the Board from issuing an opinion or order prior to any decision deadline, nor does it preclude the filing of a motion seeking a decision on the matter.

1) An open waiver waives the decision deadline completely and unequivocally until the petitioner elects to reinstate the 120-day decision period by filing a notice to reinstate. Upon proper filing of the notice, the decision period is reinstated. UnderIn accordance with Section 101.300(b)(4), the decision period restarts onrecommences as of the date on which the notice to reinstate is filed with the Board.

2) A time certain waiver must be expressed in length of days or to a specific calendar date. If expressed in length of days, day one will be the first day after the date upon which the current time clock expires. If the petitioner

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files a time certain waiver before the hearing date, the waiver must be for at least 40 days. If the extension is not renewed for at least 40 days prior to the decision deadline, the Board will set the matter for hearing.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

SUBPART D: PARTIES, JOINDER, AND CONSOLIDATION

Section 101.400 Appearances, Withdrawals, and Substitutions of Attorneys in Adjudicatory Proceedings

a) Appearances. A person who is a party in a Board adjudicatory proceeding may appear as follows:

1) Individuals may appear on their own behalf or through an attorney-at-law licensed and registered to practice law. (See Section 1 of the Attorney Act [705 ILCS 205/1].)

2) When appearing before the Board, any person other than individuals must appear through an attorney-at-law licensed and registered to practice law. (See Section 1 of the Corporation Practice of Law Prohibition Act [705 ILCS 220/1] and Section 1 of the Attorney Act.)

3) An out-of-state attorney may appear as counsel and provide legal services in a particular proceeding before the Board only if the attorney has permission to do so under Illinois Supreme Court Rule 707. No Board order is required for an out-of-state attorney to appear and no motion to appear pro hac vice is necessary. The out-of-state attorney's appearance must include the following:

A) A representation that the out-of-state attorney is in, and will maintain throughout the proceeding, compliance with Supreme Court Rule 707; and

B) Identification of the active status Illinois attorney associated with the out-of-state attorney under Supreme Court Rule 707 and the date on which the active status Illinois attorney filed an appearance in the proceeding.

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4) Any attorney appearing in a representative capacity must file a separate written appearance with the Clerk, together with documentation of service of the appearance under Section 101.304(d) and notice of filing of the appearance under Section 101.304(b)(2). The appearance must include:

A) For law firms, the Agency, and the Attorney General's Office, a lead attorney must be designated for purposes of phone and mail contact pertaining to the proceeding. Absent written notice, the Board will designate the attorney whose signature appears first on the party's first filing as the lead attorney.

B) The attorney's business address and designation of a primary e- mail address for service by e-mail. Up to two secondary e-mail addresses may also be included.

5) Any person seeking to contest personal jurisdiction must do so by filing a motion with the Board consistentin accordance with Section 2-301 of the Code of Civil Procedure [735 ILCS 5/2-301].

b) Withdrawals. An attorney who has appeared in a representative capacity and who wishes to withdraw from that representation must file a notice of withdrawal with the Clerk, together with documentation of service and notice of filing on all parties or their representatives.

c) Substitution. Any attorney who substitutes for an attorney of record must file a written appearance under subsection (a). That appearance must identify the attorney for whom the substitution is made. However, no attorney will be considered withdrawn from a proceeding until a formal withdrawal is filed in complianceaccordance with subsection (b).

d) Any person may appear on his or her own behalf of himself or on others' behalfothers in a rulemaking, consistent proceeding in accordance with 35 Ill. Adm. Code 102.100(b), or in a TLWQS proceeding.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.402 Intervention of Parties

a) The Board may permit any person to intervene in any adjudicatory proceeding. If

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a person seeks to intervene in an adjudicatory proceeding, the person must file a motion to do so with the Clerk and serve a copy of the motion on all parties to the proceeding. The motion must stateset forth the grounds for intervention.

b) In determining whether to grant a motion to intervene, the Board will consider the timeliness of the motion and whether intervention will unduly delay, materially prejudice, or otherwise interfere with an orderly or efficient proceeding.

c) Subject to subsection (b), the Board will permit any person to intervene in any adjudicatory proceeding if:

1) The person has an unconditional statutory right to intervene in the proceeding; or

2) It may be necessary for the Board to impose a condition on the person.

d) Subject to subsection (b), the Board may permit any person to intervene in any adjudicatory proceeding if:

1) The person has a conditional statutory right to intervene in the proceeding;

2) The person may be materially prejudiced absent intervention; or

3) The person is so situated that the person may be adversely affected by a final Board order.

e) An intervenor will have all the rights of an original party to the adjudicatory proceeding, except that the Board may limit the rights of the intervenor as justice may require. The limits may include providing that: the intervenor is bound by Board and hearing officer orders already issued or by evidence already admitted; that the intervenor does not control any decision deadline; and that the intervenor cannot raise issues that were raised or might more properly have been raised at an earlier stage of the proceeding.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.404 Agency as a Party in Interest

a) Under Section 30 of the Act, the Board may request that the Agency investigate:

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1) Anyany alleged violation of the Act, anythe regulations adopted under the Act, any permit or term or condition of a permit granted by the Agency, or any Board order;term or condition of any such permit and

2) Anyany such other mattersinvestigations as the Board findsmay deem advisable.

b) Upon asuch request under subsection (a), the Board may designate the Agency as a party in interest in any ongoing proceeding concerningin that matter. The designation of the Agency as a party in interest does not require the Agency to take a position on the merits of the proceeding.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.406 Consolidation of Claims

The Board, upon the motion of any party or upon its own motion, may consolidate two or more proceedings for the purpose of hearing or decision or both. The Board will consolidate the proceedings if consolidation is in the interest of convenient, expeditious, and complete determination of claims, and if consolidation would not cause material prejudice to any party. The Board will not consolidate proceedings in whichwhere the burdens of proof vary.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

SUBPART E: MOTIONS

Section 101.500 Filing of Motions and Responses

a) The Board may entertain any motion the parties wish to file that is permissible under the Act or other applicable law, this Partthese rules, or the Illinois Code of Civil Procedure.

b) All motions must be in writing, unless made orally on the record during a hearing or during a status conference, and must state whether the motion is directed to the Board or to the hearing officer. A party's oralOral motion made to the Board made at hearing is waived if the party fails to file the motionmust be filed in writing within 14 days after the Board receives the hearing transcriptor the motion is deemed waived. Motions that should be directed to the hearing officer are

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specifiedset out in Section 101.502. All motions must be filed and served in complianceconformance with Subparts C and J.

c) Motions may be filed at any time unless otherwise specifically provided.

d) Within 14 days after service of a motion, a party may file a response to the motion. If no response is filed, the party waiveswill be deemed to have waived objection to the granting of the motion, but the waiver of objection does not bind the Board or the hearing officer in its disposition of the motion. Unless undue delay or material prejudice would result, neither the Board nor the hearing officer will grant any motion before expiration of the 14-day response period expires, except in decision deadline driven proceedings in whichwhere no decision deadline waiver has been filed. Parties may request that the Board grant more time to respond by filing a motion for extension of time before the response period expires.

e) The moving person will not have the right to reply, except as permitted by the Board or the hearing officer permits to prevent material prejudice. A motion for permission to file a reply must be filed with the Board within 14 days after service of the response.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.502 Motions Directed to the Hearing Officer

a) The hearing officer has the authority to rule on all motions that are not dispositive of the proceeding. Dispositive motions include motions to dismiss, motions to decide a proceeding on the merits, motions to strike any claim or defense for insufficiency or want of proof, motions claiming lack of jurisdiction, motions for consolidation, motions for summary judgment, and motions for reconsideration. Oral motions directed to a hearing officer at a status conference will be summarized in a written hearing officer order. The duties and authorities of the hearing officer are further specifiedset out in Section 101.610.

b) At hearing, objections and hearing officer rulings must be made on the record. A party'sAn objection to a hearing officer ruling made at hearing iswill be deemed waived if the party fails to file the objectionnot filed within 14 days after the Board receives the hearing transcript.

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c) Unless the Board orders otherwise ordered by the Board, neither the filing of a motion, nor any appeal to the Board of a hearing officer order will stay the proceeding or extend the time to performfor the performance of any act. Unless otherwise provided, all hearing officer orders will remain in effect during the pendency of any appeal to the Board.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.504 Contents of Motions and Responses

All motions and responses must state the grounds upon which the motion is made and must concisely statecontain a concise statement of the position or relief sought. Facts asserted that are not of record in the proceeding must be supported by oath, affidavit, or certification consistentin accordance with Section 1-109 of the Code of Civil Procedure [735 ILCS 5/1-109]. A brief or memorandum in support of the motion or response may be included.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.508 Motions to Board Preliminary to Hearing

Motions that a party desires the Board to rule on before hearing should be filed at least 21 days prior to the regularly scheduled Board meeting before the noticed hearing date. Any motion filed after thisthe above prescribed time will be considered by the Board if time permits.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.510 Motions to Cancel Hearing

a) Time to File. Unless the Board or the hearing officer orders otherwise the hearing officer may grant motions to cancel hearings that are filed no fewer than ten10 days or, if all parties agree to the motion, five5 days before the scheduled hearing date. The hearing officer may grant a motion filed after the prescribed time only if the movant demonstrates that the movant will suffer material prejudice if the hearing is not canceled.

b) Contents. All motions to cancel a hearing must stateset forth a proposed date to reschedule the hearing and must be supported by an affidavit of the person or persons with knowledge of the facts that support the motion. The affidavit must include the factual basis for the request to cancel and a complete status report that

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describes the progress of the proceeding and sets forth the number of cancellation requests previously granted to the movant. The hearing officer will grant the motion only if the movant demonstrates that the request to cancel is not due tothe result of the movant's lack of diligence.

c) In a proceeding withfor which there is a decision deadline, the hearing officer will deny a motion to cancel a hearing if the decision deadline does not allow enough time for the Board to reschedule the hearing, provide the required notice of the rescheduled hearing, complete the hearing, and deliberate and decide the matter.

d) If the hearing officer grants a motion to cancel a hearing, the hearing officer will revise the schedule to complete the record in complianceaccordance with Section 101.612. The hearing officer also will file the revised schedule with the Clerk and serve a copy of the revised schedule on all parties in complianceaccordance with Subpart C.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.512 Motions for Expedited Review

a) Motions for expedited review must be directed to the Board. All motions for expedited review must completely statecontain a complete statement of the facts and reasons for the request and must be accompanied by an oath or affirmation attesting that the facts cited are true.

b) In acting on a motion for expedited review, the Board will, at a minimum, consider all statutory requirements and whether material prejudice will result from the motion being granted or denied.

c) The Board will grant a motion for expedited review consistent with available resources and decision deadlines.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.514 Motions to Stay Proceedings

a) Motions to stay a proceeding must be directed to the Board and must be accompanied by sufficient information detailing why a stay is needed, and in decision deadline proceedings, by a waiver of any decision deadline. A status

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report detailing the progress of the proceeding must be included in the motion. (See also Section 101.308.)

b) If the motion to stay is granted, at the close of the stay, the parties must file a status report in complianceaccordance with Subpart C. Additional requests for stay of the proceedings must be directed to the hearing officer.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.516 Motions for Summary Judgment

a) Any time after the opposing party has appeared (or after the expiration of time within which any party mustis required to appear), but no fewer than 30 days prior to the regularly scheduled Board meeting before the noticed hearing date, a party may move the Board for summary judgment for all or any part of the relief sought. Any response to a motion for summary judgment must be filed within 14 days after service of the motion for summary judgment. The hearing officer may extend the filing and response deadlines contained in this subsection upon written motion by a party, consistent with any statutory deadlines.

b) If the record, including pleadings, depositions and admissions on file, together with any affidavits, shows that there is no genuine issue of material fact, and that the moving party is entitled to judgment as a matter of law, the Board will enter summary judgment.

c) Any party wishing to cancel a hearing pending decision on a motion for summary judgment must file a motion to cancel hearing under Section 101.510.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.518 Motions for Interlocutory Appeal from Hearing Officer Orders

A party may take to the Board an interlocutory appealInterlocutory appeals from a hearing officer ruling of the hearing officer may be taken to the Board by filing a motion within 14 days after the party receivesreceipt of the hearing officer's written order. However, if the hearing officer makes theofficer's ruling is rendered on the record at hearing, any motion for interlocutory appeal must be filed within 14 days after the Board receives the hearing transcript. Filing a motion for interlocutory appeal will not postpone a scheduled hearing, stay the effect of the hearing officer's ruling, or otherwise stay the proceeding. Failure of a party to timely file a

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(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.520 Motions for Reconsideration

a) Any motion for reconsideration or modification of a Board order must be filed within 35 days after the receipt of the order. (See Section 101.902.)

b) Any response to a motion for reconsideration or modification must be filed within 14 days after the filing of the motion.

c) A timely-filed motion for reconsideration or modification stays the effect of the order until final disposition of the motion in accordance with Section 101.300(d)(2).

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.522 Motions for Extension of Time

If a party's motion shows good cause, theThe Board or hearing officer, for good cause shown on a motion after notice to the opposite party, may extend any deadlinethe time for filing any document or doing any act which is required by this Partthese rules to be done within a limited period,. The motion may be filed either before or after the deadline expiresexpiration of time.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

SUBPART F: HEARINGS, EVIDENCE, AND DISCOVERY

Section 101.602 Notice of Board Hearings

a) The Clerkhearing officer will servegive the parties with the hearing officer'sat least 21 days written notice of a hearing at least 21 days before the hearing.

b) The Clerk will provide notice of all hearings, except for administrative citation hearings, in a newspaper of general circulation in the county in which the facility or pollution source is located, or where the activity in question occurred. Unless otherwise required by applicable law, when a hearing is to be held to satisfy the

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public hearing requirement of the Clean Air Act (42 USC 7401 et seq.) for State Implementation Plan revisions, the Clerk will give notice of the hearing by publication in the Illinois Register in lieu of newspaper notice. Notice must be published at least 21 days before the hearing. If the proceeding involves federal rules that the State has been delegated authority to administer, notice must be published at least 30 days before the hearing.

c) Whenever a proceeding before the Board may affect the right of the public individually or collectively to the use of community sewer or water facilities provided by a municipally owned or publicly regulated company, the Board shall at least 30 days prior to the scheduled date for the first hearing in the proceeding, give notice of the date, time, place, and purpose of the hearing by public advertisement in a newspaper of general circulation in the area of the State concerned [415 ILCS 5/33(c)].

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.604 Formal Board Transcript

All Board hearings will be transcribed by a certified court reporter in complianceaccordance with Section 32 of the Act or other applicable law. Any party or witness may file a motion with the hearing officer to correct the transcript within 21 days after the Board receivesreceipt of the transcript in the Clerk's Office. If aFailure of any party or witness fails to timely file a motion to correct the transcript, the party or witness waives constitutes a waiver of the right to correct, unless material prejudice would resultresults.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.606 Informal Recordings of the Proceedings

Informal recording of Board proceedings is allowed as provided for in this Section. The hearing officer may prohibit audio or video recording at hearing if a witness refuses to testify on the grounds that the witness mustmay not be compelled to testify if any portion of the testimony is to be broadcast or televised. If the hearing officer determines that recording is disruptive or detrimental to proper development of the record, the hearing officer may limit or prohibit audio andand/or video recording.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

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Section 101.608 Default

a) IfFailure of a party fails to appear at the hearing, or failsfailure to proceed as ordered by the Board or hearing officer ordered, the party defaultswill constitute default.

b) If a respondent fails to appear at hearing, the complainant or petitioner must prove its prima facie case in order to prevail on the merits.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.610 Duties and Authority of the Hearing Officer

The hearing officer has the duty to manage proceedings assigned, to set hearings, to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear, complete, and concise record for timely transmission to the Board. The hearing officer has all powers necessary to these ends, including the authority to:

a) Require parties to proceed to hearing and establish a schedule for, and notice and service of, any prefiled submission of testimony and written exhibits;

b) Administer oaths and affirmations;

c) Allow for the examination of or examine witnesses to ensure a clear and complete record;

d) Regulate the course of the hearing, including controlling the order of proceedings;

e) Establish reasonable time limits on the duration of the testimony and questioning of any witness, and limit repetitive or cumulative testimony and questioning;

f) Determine that a witness is adverse, hostile, or unwilling under Section 101.624;

g) Issue an order compelling the answers to interrogatories or responses to other discovery requests;

h) Order the production of evidence under Section 101.614;

i) Order the filing of any required record or recommendation in a manner thatwhich

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provides for a timely review and development of issues prior to the hearing and consistent with any statutory decision deadline;

j) Initiate, schedule, and conduct a pre-hearing conference;

k) Order a briefing and comment schedule and exclude late-filed briefs and comments from the record;

l) Rule upon objections and evidentiary questions;

m) Order discovery under Sections 101.614 and 101.616;

n) Rule on any motion directed to the hearing officer or deferred to the hearing officer by the Board consistentin accordance with Section 101.502;

o) Set status report schedules;

p) Require all participants in a rulemaking or TLWQS proceedingproceeding to state their positions regardingwith respect to the proposal or petition, as applicable; and

q) Rule upon offers of proof and receive evidence and rule upon objections to the introduction of evidence.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.612 Schedule to Complete the Record

a) The hearing officer willmust establish a schedule to complete the record by hearing officer order. The schedule may provide dates and deadlines for prehearing conferences, discovery completion, and hearing and post-hearing submissions (including public comments). The schedule must provide for a completed record at least 30 days before the decision date, unless the hearing officer orders otherwise to prevent material prejudice. The hearing officer willmust file the schedule with the Clerk and serve a copy of the schedule on all parties in complianceaccordance with Subpart C.

b) The hearing officer may rule upon any motion to revise the schedule to complete the record. The hearing officer may grant the motion to the extent that the revised schedule provides for a completed record at least 30 days before the decision date

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or to prevent material prejudice. If the hearing officer grants a motion to revise the schedule, the hearing officer willmust file the revised schedule with the Clerk and serve a copy of the revised schedule on all parties in complianceaccordance with Subpart C. (See also Section 101.510(d).)

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.616 Discovery

The assigned hearing officer will set all time deadlines for discovery not already provided for in this Subpart consistent with Board deadlines. For purposes of discovery, the Board may look to the Code of Civil Procedure and the Illinois Supreme Court Rules for guidance whenwhere the Board's procedural rules are silent (see Section 101.100(b)). All discovery disputes will be handled by the assigned hearing officer.

a) All relevant information and information calculated to lead to relevant information is discoverable, excluding those materials that would be protected from disclosure in the courts of this State under statute, Supreme Court Rules or common law, and materials protected from disclosure under 35 Ill. Adm. Code 130.

b) If the parties cannot agree on the scope of discovery or the time or location of any deposition, the hearing officer has the authority to order discovery or to deny requests for discovery.

c) All discovery must be completed at least ten10 days prior to the scheduled hearing in the proceeding unless the hearing officer orders otherwise.

d) The hearing officer may, on his or her own motion or on the motion of any party or witness, issue protective orders that deny, limit, condition or regulate discovery to prevent unreasonable expense, or harassment, to expedite resolution of the proceeding, or to protect non-disclosable materials from disclosure consistent with Sections 7 and 7.1 of the Act and 35 Ill. Adm. Code 130.

e) Unless a claim of privilege is asserted, it is not a ground for objection that the testimony of a deponent or person interrogated will be inadmissible at hearing, if the information sought is reasonably calculated to lead to relevant information. Any appeals of rulings by the hearing officer regarding discovery must be in writing and filed with the Board prior to hearing.

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f) Failure to comply with any order regarding discovery may subject the offending persons to sanctions under Subpart H.

g) If any person serves any request for discovery or answers to discovery for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, or knowingly gives a false answer to discovery questions, the Board, on its own motion or the motion of a party, may impose sanctions under Subpart H.

h) A party must amend any prior responses to interrogatories, requests for production, or requests for admission if the party learns that the response is in some material respect incomplete or incorrect, and the additional or corrected information has not otherwise been made known to the other parties during the discovery process or in writing.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.618 Admissions

a) General. All requests to admit must be served upon a party no later than 35 days before hearing. All answers or objections to requests to admit must be served upon the party requesting the admission within 28 days after the service of the request.

b) Extension of Time. UnderIn accordance with Sections 101.522 and 101.610, the hearing officer may extend the time for filing any request, answer, or objection either before or after the expiration of time.

c) Request to Admit. Any party serving a request to admit underin accordance with subsection (d) or (e) must include the following language in the first paragraph of the request:. "Failure to respond to the following requests to admit within 28 days may have severe consequences. If you failFailure to respond to the following requests, you will be considered to have admitted thatresult in all the facts requested arebeing deemed admitted as true for this proceeding. If you have any questions about this procedure, you should contact the hearing officer assigned to this proceeding or an attorney."

d) Request for Admission of Fact. A party may serve a written request for

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admission of the truth of specific statements of fact on any other party.

e) Request for Admission of Genuineness of Document. A party may serve a written request for admission of the genuineness of documents on any other party. Copies of the document must be served unless the document has already been furnished in the present proceeding.

f) Admitted If Not DeniedAdmission in the Absence of Denial. Each of the matters of fact and the genuineness of each document of which admission is requested is admitted unless, within 28 days after service, the party to whom the request is directed serves upon the party requesting the admission either a sworn statement denying specifically the matters of which admission is requested or statingsetting forth in detail the reasons why the party cannot truthfully admit or deny those matters, or written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part. If written objections to a part of the request are made, the remainder of the request must be answered within the period designated in the request. A denial must fairly address the substance of the requested admission.

g) Partial Denial or Qualification. If good faith requires that a party deny a part of a matter for which an admission is requested, or if a part requires qualification, the party must specify the part thatwhich is denied or qualified and admit only the remainder.

h) Objection. Any objection to a request or to any answer must be stated with specificity, and will be heard by the hearing officer upon notice and motion of the party making the request.

i) Effect of Admission. Any admission made by a party tounder a request under this Section is for the purpose of the pending proceeding only. It isdoes not constitute an admission by the party for any other purpose and mustmay not be used against him or her in any other proceeding.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.620 Interrogatories

a) Unless ordered otherwise by the hearing officer orders otherwise, a party may serve a maximum of 30 written interrogatories, including subparts, on any other

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party, no later than 35 days before hearing.

b) Within 28 days after service, the party to whom the interrogatory is directed must serve the answers and objections, if any, upon the party submitting the interrogatories. Each interrogatory must be answered separately and fully in writing under oath, unless it is objected to. Answers must be signed by the person making them and objections must be signed by the attorney making them or, ifin the event of an individual representsrepresenting himself or herself, the individual making them.

c) Grounds for an objection to an interrogatory must be stated with specificity, and be accompanied by a copy of the interrogatory. Any ground that is not stated in a timely objection is waived unless waiver would resultit results in material prejudice or good cause for the delay is shown.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.622 Subpoenas and Depositions

a) Upon request by any party to a contested proceeding, the Clerk will issue subpoenas for the attendance of witnesses at a hearing or deposition. Subpoena forms are available at the Board's Chicago office. The person requesting the subpoena is responsible for completing the subpoena and serving it upon the witness.

b) Service of the subpoena on the witness must be completed no later than ten10 days before the date of the required appearance. A copy of the subpoena must be filed with the Clerk and served upon the hearing officer within seven7 days after service upon the witness. Failure to serve both the Clerk and the hearing officer makeswill render the subpoena null and void. Service and filing must complybe in accordance with Subpart C.

c) Subpoenas may include a command to produce books, papers, documents, or other tangible things designated in the subpoenatherein and relevant to the matter under consideration.

d) The hearing officer, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance, may quash or modify the subpoena if it is unreasonable or irrelevant. The hearing officer, under the standards of

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Section 101.614, will rule upon motions to quash or modify material requested in the subpoena under subsection (c) in accordance with the standards articulated in Section 101.614.

e) Each witness subpoenaed by a party under this Section is entitled to receive witness fees from that party as provided in Section 4.3 of the Circuit Courts Act [705 ILCS 35/4.3].

f) Unless the hearing officer orders otherwise, any witness subpoenaed for a deposition may be required to attend only in the county in which he or she resides or maintains an office address. ConsistentIn accordance with Illinois Supreme Court Rule 206(d), all depositions must be limited to 3 hours in length unless the parties and the non-party deponent by stipulation agree to a longer time frame or unless the hearing officer orders otherwise after a showing of good cause. (See Ill. S. Ct. Amended Rule 206(d).)

g) Failure of any witness to comply with a subpoena will subject the witness to sanctions under this Part, or the judicial enforcement of the subpoena. The Board may, upon proper motion by the party requesting the subpoena, request the Attorney General to pursue judicial enforcement of the subpoena on behalf of the Board.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.624 Examination of Adverse, Hostile, or Unwilling Witnesses

a) Adverse Witnesses. At hearing, upon motion granted by the hearing officer, any party, or any person for whose immediate benefit the proceeding is prosecuted or defended, or any officers, directors, managing agents, or foremen of any party may be called as an adverse witness consistent with Section 2-1102 ofas allowed by the Code of Civil Procedure. (See Section 2-1102 of the Code of Civil Procedure.) Adverse witnesses may be examined as if under cross-examination. The party calling the adverse witness may rebut the testimony and may impeach the witness.

b) Hostile or Unwilling Witnesses. If the hearing officer determines that any witness is hostile or unwilling, the witness may be examined by the party calling the witness as if under cross-examination.

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(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.626 Information Produced at Hearing

In complianceaccordance with Section 10-40 of the IAPA, the hearing officer will admit evidence that is admissible under the rules of evidence as applied in the civil courts of Illinois, except as otherwise provided in this Part.

a) Evidence. The hearing officer may admit evidence that is material, relevant, and would be relied upon by prudent persons in the conduct of serious affairs, unless the evidence is privileged.

b) Admissibility of Evidence. When the admissibility of evidence depends upon a good faith argument as to the interpretation of substantive law, the hearing officer will admit the evidence.

c) Scientific Articles and Treatises. Relevant scientific or technical articles, treatises, or materials may be introduced into evidence by a party. The materials are subject to refutation or disputation through introduction of documentary evidence or expert testimony.

d) Written Testimony. Written testimony may be introduced by a party in a hearing only if provided to all other parties of record beforeprior to the date of the hearing and only after the opposing parties have had an opportunity to object to the written testimony and to obtain a ruling on the objections beforeprior to its introduction. Written testimony may be introduced by a party only if the persons whose written testimony is introduced are available for cross-examination at hearing.

e) Admission of Business Records. A writing or record, whether in the form of any entry in a book or otherwise made as a memorandum or record of any act, transaction, occurrence, or event, may be admissible as evidence of the act, transaction, occurrence, or event. To be admissible, the writing or record must have been made in the regular course of business, ifprovided it was the regular course of business to make the memorandum or record at the time of the act, transaction, occurrence, or event, or within a reasonable time afterwards. All other circumstances of the making of the writing or record, including lack of personal knowledge by the entrant or maker, may be admitted to affect the weight of the evidence, but will not affect admissibility. The term "business," as used in

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this subsection (e), includes businesses, professions, occupations, and callings of every kind.

f) Prior Inconsistent Statements. Prior statements made under oath may be admitted to impeach a witness if the statement is inconsistent with the witness' testimony at hearing.

g) Oral and Written Statements. Oral and written statements from participants may be taken at hearing underin accordance with Section 101.628.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.627 Electronic Filing of Hearing Exhibits After Adjudicatory or TLWQS Hearing

a) Scope. After an adjudicatory or TLWQS hearing, an accurate reproduction of each exhibit offered for admission at the hearing must be electronically filed through COOL under Subpart J by the party or participant who offered the exhibit, unless the hearing officer determines that it is not practicable for the offering party or participant to do so.

1) This electronic filing requirement:

A) Applies regardless of whether the hearing exhibit was admitted by the hearing officer; and

B) Does not apply to a hearing exhibit that contains information claimed or determined to be a trade secret or other nondisclosable information under 35 Ill. Adm. Code 130, but it does apply to the version of the exhibit that is redacted under 35 Ill. Adm. Code 130.

2) When practicable, the offering party or participant must:

A) Reduce an oversized hearing exhibit to conform to or be formatted to print on 8½ x 11-inch paper; and

B) Electronically file the version of the oversized exhibit reduced under subsection (a)(2)(A).

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NOTICE OF ADOPTED AMENDMENTS b) Timing. The offering party or participant must comply with subsection (a) within five days after the last day of the hearing at which the exhibit was offered. Upon good cause shown, the hearing officer may extend this deadline. c) Certification. The electronic filing under subsection (a) must include a certification in which the offering party or participant certifies that each hearing exhibit being filed is an accurate reproduction of the corresponding exhibit offered at the hearing. d) Exhibit Number. The offering party or participant must mark each hearing exhibit electronically filed under subsection (a) with the number assigned to that exhibit by the hearing officer. e) Form. Each hearing exhibit electronically filed under subsection (a) must comply with Section 101.1030, except as follows:

1) The exhibit must, to the extent technically feasible, be in a text-searchable format; and

2) Multiple exhibits may be filed as a single electronic file, subject to the size limit of Section 101.1030(c). f) Service. The offering party or participant must serve the other parties or participants and the hearing officer with its notice of filing the hearing exhibits under subsection (a). (See Section 101.302(b)(3).) The offering party or participant is not required to serve the hearing exhibits, unless the hearing officer orders otherwise. g) Objection and Response

1) No later than five days after the offering party or participant files a hearing exhibit under subsection (a), any other party or participant may file an objection but only to allege that the filed exhibit is not an accurate reproduction of the exhibit offered at the hearing. Each hearing exhibit filed under this Section will be promptly posted to COOL by the Clerk's Office.

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2) No later than five days after being served with an objection under subsection (g)(1), the offering party or participant may file a response to the objection.

3) Upon good cause shown or to avoid undue delay, the hearing officer may modify one or both deadlines under this subsection (g).

(Source: Added at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.628 Statements from Participants

a) Oral Statements. The hearing officer may permit a participant to make oral statements on the record when time, facilities, and concerns for a clear and concise hearing record so allow. The oral statements must be made under oath and are subject to cross-examination. (See Sections 101.110 and 101.114.)

b) Written Statements. Any participant may submit written statements relevant to the subject matter at any time beforeprior to hearing or at hearing. The participantParticipants submitting thesuch a statement will be subject to cross- examination by any party. Written statements submitted without the availability of cross-examination will be treated as public comment in complianceaccordance with subsection (c) and will be afforded lesser weight than evidence subject to cross-examination.

c) Public Comments or Amicus Curiae Briefs. Oral public comment may be made on the record at a hearing and is not subject to cross-examination. Additionally, participants may file written public comments subject to the requirements of this Section and the hearing officer's schedule for completingcompletion of the record. The Board also allows for the filing of amicus curiae briefs by non-party participants. Amicus curiae briefs will be allowed in complianceaccordance with Section 101.110.

1) Written public comments must be filed within 14 days after the close of the last hearing unless the hearing officer specifies a different date for submission of post-hearing comments. However, all public comments must be filed with the Board no later than 30 days before the decision date, unless the hearing officer orders otherwise to prevent material prejudice. Consistent with the burden of proof in an adjudicatorya proceeding or with the designation of the proponent in a rulemaking or the

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petitioner in a TLWQS proceeding, the hearing officer may provide for differing filing deadlines regardingwith respect to post-hearing comments by different persons. Under hearing officer order, rebuttal public comments may be submitted.

2) All public comments must present arguments or comments based on evidence contained in the record. The comments may also present legal argument citing legal authorities.

3) Comments must be filed with the Board. Comments will be distributed to parties and the hearing officer by the Clerk's office.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.630 Official Notice and Evidence Evaluation

a) Official notice may be taken of:

1) Mattersall facts of which the circuit courts of this State may take judicial notice;may be taken and of other

2) Generally recognized technical or scientific facts within the Board's specialized knowledge and experience of the Board.

b) Parties will be notified of the material noticed under subsection (a) and they will be given an opportunity to contest that material.

c) The Board may use its experience, technical competence, and specialized knowledge in evaluating evidence.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

SUBPART G: ORAL ARGUMENT

Section 101.700 Oral Argument

a) The Board may hear oral argument upon written motion of a party or the Board's own motion. The oral argument will be transcribed by a stenographer provided by the Board and become part of the record of the proceedings before the Board.

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The purpose of oral argument is to address legal questions. Oral argument is not intended to address new facts.

b) Motions for oral argument must contain arguments supporting the grant of the motion for oral argument. In considering a motion for oral argument, the Board will consider, but is not limited to considering, the uniqueness of the issue or proceeding and whether the issue or proceeding involves a conflict of law.

c) In any proceeding with a statutory decision deadline, the Board will deny the request for oral argument if there is insufficient time to schedule oral argument and allow time for the Board to issue its decision.

d) If the Board grants the motion for oral argument, it will issue an order statingsetting forth a schedule for oral argument that may include a briefing schedule. The brief will be limited to the issues for which oral argument was granted.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

SUBPART H: SANCTIONS

Section 101.800 Sanctions for Failure to Comply with Procedural Rules, Board Orders, or Hearing Officer Orders

a) If any person unreasonably fails to comply with any provision of 35 Ill. Adm. Code 101 through 130 or any order entered by the Board or the hearing officer, including any subpoena issued by the Board, the Board may order sanctions. The Board may order sanctions on its own motion, or in response to a motion by a party.

b) Sanctions include the following:

1) Further proceedings may be stayed until the order or rules are complied with, except in proceedings with a statutory decision deadline. Proceedings with a statutory decision deadline may be dismissed beforeprior to the date on which decision is due;

2) The offending person may be barred from filing any other pleading or other document relating to any issue to which the refusal or failure relates;

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3) The offending person may be barred from maintaining any particular claim, counterclaim, third-party complaint, or defense relating to that issue;

4) As to claims or defenses asserted in any pleading or other document to which that issue is material, a judgment by default may be entered against the offending person or the proceeding may be dismissed with or without prejudice;

5) Any portion of the offending person's pleadings or other documents relating to that issue may be stricken and, if appropriate, judgment may be entered as to that issue; and

6) The witness may be barred from testifying concerning that issue.

c) In deciding what sanction to impose, the Board will consider factors including: the relative severity of the refusal or failure to comply; the past history of the proceeding; the degree to which the proceeding has been delayed or prejudiced; and the existence or absence of bad faith byon the part of the offending party or person.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

SUBPART I: REVIEW OF FINAL BOARD OPINIONS AND ORDERS

Section 101.902 Motions for Reconsideration

In ruling upon a motion for reconsideration, the Board will consider factors including new evidence, or a change in the law, to conclude that the Board's decision was in error. (See also Section 101.520.) A motion for reconsideration of a final Board order is not a prerequisite to appealingfor the appeal of the final Board order.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.904 Relief from Final Opinions and Orders

a) Upon its own motion or motion of any party, the Board may correct clerical mistakes in orders or other parts of the record and errors in the recordtherein

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arising from oversight or omission before the appeal is docketed in the appellate court. While the appeal is pending, the mistakes may be corrected only with permission of the appellate court. Any corrected order will be deliveredmailed to all parties and participants in that proceeding.

b) On written motion, the Board may relieve a party from a final order entered in a contested proceeding, for the following:

1) Newly-discovered evidence that existed at the time of hearing and that by due diligence could not have been timely discovered;

2) Fraud (whether intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; or

3) Void order, such as an order based upon jurisdictional defects.

c) A motion under this Section does not affect the finality of a Board order or suspend the operation of a Board order. The motion must be filed in the same proceeding in which the order was entered but is not a continuation of the proceeding. The motion must be supported by oath or affidavit or other appropriate showing as to matters not of record. All parties or participants in the proceeding must be notified by the movant as provided by Section 101.304.

d) A motion under subsection (b) must be filed with the Board within one year after entry of the order, except that a motion under subsection (b)(3) must be filed within a reasonable time after entry of the order.

e) Any response to a motion under this Section must be filed within 14 days after the filing of the motion.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.906 Judicial Review of Board Orders

a) Under Sections 29(a), 38.5(j), and 41(a) of the Act and Illinois Supreme Court Rule 335, judicial review of final Board orders is available directly infrom the appellate court. However, under Section 11-60 of the Property Tax Code [35 ILCS 200/11-60], judicial review of final Board orders in tax certification proceedings is available from the circuit court.

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b) For purposes of judicial review, a final Board order is appealable as of the date of service of the final order upon the appealing person (see Section 101.300(d)).

c) The procedure for stay of any final Board order during appeal will be as provided in Supreme Court Rule 335 of the Rules of the Supreme Court of Illinois (Ill. S. Ct. Rule 335).

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.908 Interlocutory Appeal

Upon motion of any party, the Board may consider an interlocutory appeal consistentin accordance with Illinois Supreme Court Rule 308. (Ill. S. Ct. Rule 308).

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

SUBPART J: ELECTRONIC FILING AND E-MAIL SERVICE

Section 101.1000 Electronic Filing and E-Mail Service

a) The Board provides the opportunity to file and access documents electronically through its Clerk's Office On-Line (COOL). COOL is located on the Board's website (pcb.illinois.gov)(www.ipcb.state.il.us). The Board has taken steps designed to ensure the integrity and security of COOL in complianceaccordance with State policies developed under the Electronic Commerce Security Act [5 ILCS 175].

b) To file an electronic document in awith the Board proceeding, a person must upload the document on COOL. Electronic filing is not accomplished by sending a document to the e-mail address of the Clerk or hearing officer.

c) Except as provided in Section 101.302(h)(3), (h)(4), and (j) and Section 101.1050, all documents must be filed through COOL. However, if filing through COOL is not reasonably practicable, the Board, the hearing officer, or the Clerk may grant permission to file in paper.

d) Generally, the Clerk's Office will not accept paper documents for filing; however, the Clerk's Office will convert paper-filed documents into electronic documents

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and place them on COOL, when permission to file a paper document is granted under subsection (c).

e) All documents filed with the Board may be served by e-mail except for enforcement complaints, administrative citations, and EMSA statements of deficiency. (See Section 101.304(c) and Section 101.1060.)

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.1010 Electronic Filing Authorization and Signatures

a) A person seeking to upload a document on COOL for filing must have been issued a State of Illinois digital signature certificate under Section 15-310 of the Electronic Commerce Security Act. (See 5 ILCS 175/15-310.) A link to the subscriber agreement and application for a State of Illinois digital signature certificate is available through COOL.

1) Maintaining digital signature confidentiality is the responsibility of the holder of the digital signature certificate. The certificate holder is responsible for any document electronically filed by anyone using his or her digital signature certificate.

2) The digital signature certificate holder is responsible for keeping his or her contact information current.

b) Each electronic document uploaded on COOL for filing must bear a facsimile electronic signature (i.e., scanned image of original pen-and-ink signature) or typographical electronic signature (i.e., "/s/ typed name") of the person authorizing the filing (e.g., attorney, participant, pro se party). However, if this electronic signature is absent, the document will be considereddeemed to have been signed by the holder of the digital signature certificate used to upload the document and the certificate holder will be considereddeemed to have authorized the filing. (See 5 ILCS 175/5-120.) To file an electronic document on behalf of another person in an adjudicatory proceeding, an electronic signature of a licensed and registered attorney is required. (See Section 101.400(a).)

c) If an electronic document or portion of onethereof requires the signatures of any persons in addition to those specified in subsection (b) (e.g., settlement agreement, witness' affidavit), the person authorizing the filing must:

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1) Confirm that the additional persons have approved the document or corresponding portion of itthereof and obtain their original pen-and-ink signatures before the document is uploaded on COOL for filing;

2) Ensure that the document or corresponding portion of itthereof bears the facsimile electronic signatures of, and indicates the identity of, the additional persons;

3) Upload the document on COOL as a scanned image containing the necessary signatures; and

4) KeepRetain the paper original of the document, including the original pen- and-ink signatures of the additional persons, for one year after the later of the following:

A) The date on which the time period expires for appealing the final order of the Board; or

B) If the final order of the Board is appealed, the date on which the time period expires for seeking any further review in the courts.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.1020 Filing Electronic Documents

a) COOL. To file an electronic document through COOL, the document must first be uploaded on COOL.

b) Digital Signature Certificate. Uploading a document on COOL requires a valid State of Illinois digital signature certificate.

c) Uploading Hours. Electronic documents may be uploaded on COOL 24 hours per day, every day.

d) E-Mail Receipt. Uploading a document on COOL will generate an e-mail receipt for the digital signature certificate holder. The receipt will verify the date and time when the document was uploaded on COOL.

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NOTICE OF ADOPTED AMENDMENTS e) Time of Filing. Subject to subsection (f), an electronic document uploaded on COOL will be considered filed as of the date and time specified on the e-mail receipt generated under subsection (d), except that:

1) A document uploaded on a Saturday or Sunday, on a national or State legal holiday, or after 4:30 p.m. on a weekday is considereddeemed filed the next business day.

2) A document uploaded without one or more portions of the filing (e.g., oversized exhibit; trade secret or non-disclosable information; copyrighted document proposed for incorporation by reference in a rule) or without a required oath, affidavit, notarization, signature, or filing fee is considered filed on the date that the Clerk receives the document's last missing item, except as provided in subsection (e)(2)(A) or (e)(2)(B). If the Clerk receives the document's last missing item by U.S. Mail or third-party commercial carrier after the document's filing deadline date, the document will be considered filed on:

A) On the date that the Clerk receives the document's last missing item; or

AB) TheOn the postmark date on whichof the document's last missing item was provided to the U.S. Postal Service (see Section 101.300(b)(3)); orif that item was sent by U.S. Mail, was received after the date of a filing deadline, and has a postmark date that precedes or is the same as the deadline date.

B) The date on which the document's last missing item was provided to the third-party commercial carrier for delivery to the Clerk within three business days (see Section 101.300(b)(3)).

3) A document consisting of multiple electronic files is considered filed as of the date and time specified on the e-mail receipt generated under subsection (d) for the last file uploaded to complete the document. f) Review by the Clerk. The Clerk will review electronically each document uploaded on COOL, validate the proceeding information provided, and accept or reject the document for filing.

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1) If the Clerk accepts an uploaded document, the Clerk's Office will e-mail a notice of acceptance to the digital signature certificate holder, indicating that the filed document may be viewed on COOL.

2) If the Clerk rejects an uploaded document, the Clerk's Office will e-mail a notice of rejection to the digital signature certificate holder. The Clerk may reject an uploaded document because the document is prohibited from being filed electronically under Section 101.302(h)(3) or (h)(4), the document fails to comply with file size or naming requirements of Section 101.1030(c), or the document is corrupted or otherwise cannot be readily opened. If an uploaded document is rejected by the Clerk, the Board may, upon good cause shown, enter an order rulingdeeming the document filed as of the date and time specified when the document was uploaded on COOL, subject to subsections (e)(1) through (e)(3). g) Technical Failure. If an electronic document is not uploaded, or is materially delayed in uploading, on COOL due to a technical failure, the Board may, upon good cause shown, enter an order rulingdeeming the document uploaded under subsection (d) as of the date and time of the first attempted uploading. "Technical failure" as used in this subsection is limited to a system outage of COOL or other malfunction of the hardware, software, or telecommunications facilities of the Board or the Board's electronic filing provider. "Technical failure", therefore, does not include any malfunction of the equipment used by the person authorizing the filing or the digital signature certificate holder. h) Clerk's Electronic Stamp. An electronic document uploaded on COOL and accepted by the Clerk for filing will be endorsed by the Clerk with a file stamp statingsetting forth the date of filing. This file stamp will be merged with the electronic document and visible when the document is viewed on COOL. Electronically filed documents so endorsed have the same legal effect as paper documents file- stamped by the Clerk conventionally underin accordance with Section 101.300(b). i) Decision Deadlines. For purposes of Board decision deadlines, the decision period does not begin until the date on which the electronic document constituting the initial filing is considered filed under this Section. j) Filing Deadlines. The electronic filing of a document does not alter any applicable filing deadlines.

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(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.1030 Form of Electronic Documents for Filing

a) In addition to complying with the formatting requirements of Section 101.302(g) and (j), electronic documents uploaded on COOL for filing must be in one of the following electronic formats:

1) Adobe Portable Document Format (PDF), version 2.0 or greater;

2) Microsoft Word for Windows, version 6.0 or greater;

3) Corel WordPerfect for Windows, version 6.0 or greater; or

4) Microsoft Excel for Windows, version 4.0 or greater.

b) Generally, electronic documents filed in complianceaccordance with this Subpart will be posted to COOL by the Clerk's Office in text-searchable Adobe PDF. When practicable, persons should:

1) Upload their electronic documents on COOL in text-searchable Adobe PDF; and

2) Convert their electronic documents to a text-searchable Adobe PDF directly from the program used to create the document, rather than from a scanned image of the paper document.

c) No single electronic file uploaded on COOL, whether constituting all or part of an electronic document, may contain more than 10 megabytes (MB) of data. To comply with this requirement, an electronic document may be divided into parts and submitted as multiple electronic files, each file being 10 MB or less. The person authorizing the filing is responsible for dividing the document into appropriately-sized files and naming each file to reflect its place within the electronic document.

d) Multiple electronic documents, whether for the same proceeding or different proceedings, must be uploaded separately on COOL and, therefore, must not be combined into a single electronic file for filing through COOL.

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e) Electronic documents may contain links to material external to the filed document. However, links to external material are for convenience purposes only. The external material behind the link is not considered part of the filing or the record of the proceeding in which the document was filed.

f) All documents uploaded on COOL must be free of viruses or other harmful processes. If an electronic document containing a virus or other harmful process is uploaded on COOL, the Board may, consistent with Section 101.800(b) and (c), impose sanctions, including barring the document from being filed in any manner and barring the person authorizing the filing or the digital signature certificate holder from any further electronic filing through COOL.

g) Documents filed under Section 101.302(h)(2) must:

1) Include bookmarks, immediately viewable when the document is opened, to individual documents in the same order as they appear in the corresponding Table of Contents to facilitate navigation and location of specific contents within the document; and

2) Have pagination displayed on each document in the top right corner of each page.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.1060 E-Mail Service

a) Except as provided in subsections (b) and (c), a person required to serve a document may serve the document by e-mail, in lieu of serving a paper document, if the recipient has consented to e-mail service in the proceeding and has not revoked the consent. (See Section 101.1070.)

1) A person serving a document by e-mail must successfully transmit the document to the recipient's primary e-mail address or any of the recipient's secondary e-mail addresses. (See Section 101.1070(b).)

2) To serve a document by e-mail, it is not necessary to electronically file the document or to obtain a State of Illinois digital signature certificate.

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NOTICE OF ADOPTED AMENDMENTS b) Service of enforcement complaints and EMSA statements of deficiency on a respondent must be made personally, by U.S. Mail with a recipient's signature recorded, or by a third-party commercial carrier with a recipient's signature recorded. (See Section 101.304(c)(2).) c) Service of administrative citations must be made as required under 35 Ill. Adm. Code 108. d) A person required to serve a document on the hearing officer must serve the hearing officer by sending the document to the hearing officer's e-mail address in lieu of serving a paper document upon the hearing officer if the person has the capability of serving the document by e-mail. e) When a document is served by e-mail, documentation of service must be filed with the Clerk and served on all persons entitled to service in that proceeding. A sample form of affidavit or certificate of e-mail service is available in Appendix H. An affidavit or certificate of e-mail service must include the following:

1) The e-mail address of the recipient and the e-mail address of the person authorizing the filing;

2) The number of pages in the e-mail transmission;

3) A statement that the document was served by e-mail; and

4) The date of the e-mail transmission and the time by when it took place. f) If any computer malfunction precludes the e-mail service of a document, the person authorizing the filing must promptly serve the document in paper under Section 101.304(c). g) Except for a final adjudicatory orderorders of the Board in an enforcement proceeding under 35 Ill. Adm. Code 103, which the Clerk's Office serves on the respondent or respondents in paper by certified mail, the Clerk's Office will serve Board orders and hearing officer orders by e-mail, in lieu of serving paper documents, if the recipient has consented to e-mail service in the proceeding and has not revoked the consent. (See Section 101.1070.)

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1) The Clerk will record the date and time of e-mail service, consistent with subsection (e).

2) When serving a Board order or hearing officer order by e-mail, the Clerk will transmit the order to all the recipient's e-mail addresses designated under Section 101.1070(b), simultaneously requesting a delivery receipt. If the Clerk receives no delivery receipt within 24 hours after transmission, the Clerk will promptly serve the Board order or hearing officer order in paper under Section 101.304(c).

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

Section 101.1070 Consenting to Receipt of E-Mail Service

a) In any proceeding, a person consents to e-mail service of documents in lieu of receiving paper documents by:

1) Filing a "Consent to Receipt of E-Mail Service" (see sample form of consent in Appendix I);

2) Providing the hearing officer, during a hearing or conference, with an e- mail address that is designated for receiving service;

3) Filing an attorney's appearance; or

4) Appearing on a notice list or service list and providing the Clerk's Office with an e-mail address that is designated for receiving service.

b) Any person who consents to email service under subsection (a) must designate a primary e-mail address for receiving service and may designate up to 2 secondary e-mail addresses for receiving service.

cb) At any time during a proceeding, consent to e-mail service may be provided underas set forth in subsection (a). To accept e-mail service, it is not necessary to obtain a State of Illinois digital signature certificate.

dc) A person's consent to receiving e-mail service may be revoked by that person at any time during the proceeding upon the person's filing of a notice of the

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revocation with the Clerk's Office. However, an attorney who filed an appearance must not revoke consent unless the appearance is withdrawn. ed) Upon a change in any primary or secondarythe e-mail address of a recipient of e- mail service, the recipient must file a noticenotify the Clerk's Office of the e-mail address change with the Clerk's Office for each pending proceeding in which the person has consented to e-mail service.

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

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Section 101.APPENDIX I Consent to Receipt of E-Mail Service

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

) Applicable Caption ) (see Appendix A) ) docket number )

I, the undersigned, authorize the service of documents on me by e-mail in lieu of receiving paper documents in the above-captioned proceeding. My primary e-mail address to receive service is as follows: ______[you must designate a primary e-mail address]. My secondary e-mail address or e-mail addresses, if any, to receive service are ______[you are not required to designate a secondary e-mail address, but if you do, you may designate up to two secondary e-mail addresses].

[signature]

[date]

(Source: Amended at 43 Ill. Reg. 9674, effective August 22, 2019)

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1) Heading of the Part: Control of Emissions from Large Combustion Sources

2) Code Citation: 35 Ill. Adm. Code 225

3) Section Number: Adopted Action: 225.233 Amendment

4) Statutory Authority: Implementing and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/27].

5) Effective Date of Rule: August 23, 2019

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

7) Does this rulemaking contain incorporations by reference? No

8) Statement of Availability: The adopted rules are available on the Board's website (https://pcb.illinois.gov) and are also on file and available for public inspection in the Board's Chicago office at the James R. Thompson Center, 100 W. Randolph, Suite 11- 500.

9) Notice of Proposal published in the Illinois Register: 42 Ill. Reg. 19158; October 26, 2018

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

11) Differences between Proposal and Final Version: The final proposal decreases the annual mass-based cap for both sulfur dioxide (SO2) and nitrogen oxides (NOx), as well as decreasing the ozone season cap for NOx. 35 Ill. Adm. Code 225.233(e). The final proposal also requires a permanent reduction of at least 2,000 megawatts of coal-fired electric generation from one or more of the electrical generating units in the MPS group. 35 Ill. Adm. Code 225.233(l). Additionally, the final version sets a specific effective date for the amendments.

In addition, the Board made a limited number of non-substantive corrections and clarifications to its second first-notice proposal.

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

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

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

15) Summary and Purpose of Rulemaking: The proposal would provide certain coal-fired electric generating units owned by Vistra in central and southern Illinois additional flexibility in complying with the Multi-Pollutant Standard (MPS) under Part 225, the Illinois mercury rule. The MPS establishes control requirements and emission standards for NOx, SO2, and mercury.

The proposed amendments switch the MPS from a rate-based system to a mass-based cap system and relate only to the MPS's annual and seasonal emission standards for NOx and annual standard for S02 and would offer operational flexibility in complying with those standards while protecting air quality and human health.

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

Marie Tipsord Illinois Pollution Control Board 100 W. Randolph St., Suite 11-500 Chicago IL 60601

312/814-4925 [email protected]

Copies of the Board's opinions and orders through the Clerk's Office On-Line on the Board's website (https://pcb.illinois.gov). You may also request copies of the Board's opinions and orders from the Clerk at the address listed above or by calling 312/814- 3620. Please refer to the docket number R18-20 in your request.

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

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TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES

PART 225 CONTROL OF EMISSIONS FROM LARGE COMBUSTION SOURCES

SUBPART A: GENERAL PROVISIONS

Section 225.100 Severability 225.120 Abbreviations and Acronyms 225.130 Definitions 225.140 Incorporations by Reference 225.150 Commence Commercial Operation

SUBPART B: CONTROL OF MERCURY EMISSIONS FROM COAL-FIRED ELECTRIC GENERATING UNITS

Section 225.200 Purpose 225.202 Measurement Methods 225.205 Applicability 225.210 Compliance Requirements 225.220 Clean Air Act Permit Program (CAAPP) Permit Requirements 225.230 Emission Standards for EGUs at Existing Sources 225.232 Averaging Demonstrations for Existing Sources 225.233 Multi-Pollutant StandardsStandard (MPS) 225.234 Temporary Technology-Based Standard for EGUs at Existing Sources 225.235 Units Scheduled for Permanent Shut Down 225.237 Emission Standards for New Sources with EGUs 225.238 Temporary Technology-Based Standard for New Sources with EGUs 225.239 Periodic Emissions Testing Alternative Requirements 225.240 General Monitoring and Reporting Requirements 225.250 Initial Certification and Recertification Procedures for Emissions Monitoring 225.260 Out of Control Periods and Data Availability for Emission Monitors 225.261 Additional Requirements to Provide Heat Input Data

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225.263 Monitoring of Gross Electrical Output 225.265 Coal Analysis for Input Mercury Levels 225.270 Notifications 225.290 Recordkeeping and Reporting 225.291 Combined Pollutant Standard: Purpose 225.292 Applicability of the Combined Pollutant Standard 225.293 Combined Pollutant Standard: Notice of Intent 225.294 Combined Pollutant Standard: Control Technology Requirements and Emissions Standards for Mercury 225.295 Combined Pollutant Standard: Emissions Standards for NOx and SO2 225.296 Combined Pollutant Standard: Control Technology Requirements for NOx, SO2, and PM Emissions 225.297 Combined Pollutant Standard: Permanent Shut-Downs 225.298 Combined Pollutant Standard: Requirements for NOx and SO2 Allowances 225.299 Combined Pollutant Standard: Clean Air Act Requirements

SUBPART C: CLEAN AIR ACT INTERSTATE RULE (CAIR) SO2 TRADING PROGRAM

Section 225.300 Purpose 225.305 Applicability 225.310 Compliance Requirements 225.315 Appeal Procedures 225.320 Permit Requirements 225.325 Trading Program

SUBPART D: CAIR NOx ANNUAL TRADING PROGRAM

Section 225.400 Purpose 225.405 Applicability 225.410 Compliance Requirements 225.415 Appeal Procedures 225.420 Permit Requirements 225.425 Annual Trading Budget 225.430 Timing for Annual Allocations 225.435 Methodology for Calculating Annual Allocations 225.440 Annual Allocations

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225.445 New Unit Set-Aside (NUSA) 225.450 Monitoring, Recordkeeping and Reporting Requirements for Gross Electrical Output and Useful Thermal Energy 225.455 Clean Air Set-Aside (CASA) 225.460 Energy Efficiency and Conservation, Renewable Energy, and Clean Technology Projects 225.465 Clean Air Set-Aside (CASA) Allowances 225.470 Clean Air Set-Aside (CASA) Applications 225.475 Agency Action on Clean Air Set-Aside (CASA) Applications 225.480 Compliance Supplement Pool

SUBPART E: CAIR NOx OZONE SEASON TRADING PROGRAM

Section 225.500 Purpose 225.505 Applicability 225.510 Compliance Requirements 225.515 Appeal Procedures 225.520 Permit Requirements 225.525 Ozone Season Trading Budget 225.530 Timing for Ozone Season Allocations 225.535 Methodology for Calculating Ozone Season Allocations 225.540 Ozone Season Allocations 225.545 New Unit Set-Aside (NUSA) 225.550 Monitoring, Recordkeeping and Reporting Requirements for Gross Electrical Output and Useful Thermal Energy 225.555 Clean Air Set-Aside (CASA) 225.560 Energy Efficiency and Conservation, Renewable Energy, and Clean Technology Projects 225.565 Clean Air Set-Aside (CASA) Allowances 225.570 Clean Air Set-Aside (CASA) Applications 225.575 Agency Action on Clean Air Set-Aside (CASA) Applications

SUBPART F: COMBINED POLLUTANT STANDARDS

225.600 Purpose (Repealed) 225.605 Applicability (Repealed) 225.610 Notice of Intent (Repealed)

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225.615 Control Technology Requirements and Emissions Standards for Mercury (Repealed) 225.620 Emissions Standards for NOx and SO2 (Repealed) 225.625 Control Technology Requirements for NOx, SO2, and PM Emissions (Repealed) 225.630 Permanent Shut Downs (Repealed) 225.635 Requirements for CAIR SO2, CAIR NOx, and CAIR NOx Ozone Season Allowances (Repealed) 225.640 Clean Air Act Requirements (Repealed)

225.APPENDIX A Specified EGUs for Purposes of the CPS (Coal-Fired Boilers as of July 1, 2006) 225.APPENDIX B Continuous Emission Monitoring Systems for Mercury 225.EXHIBIT A Specifications and Test Procedures 225.EXHIBIT B Quality Assurance and Quality Control Procedures 225.EXHIBIT C Conversion Procedures 225.EXHIBIT D Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems

AUTHORITY: Implementing and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/27].

SOURCE: Adopted in R06-25 at 31 Ill. Reg. 129, effective December 21, 2006; amended in R06-26 at 31 Ill. Reg. 12864, effective August 31, 2007; amended in R09-10 at 33 Ill. Reg. 10427, effective June 26, 2009; amended in R15-21 at 39 Ill. Reg. 16225, effective December 7, 2015; amended in R18-20 at 43 Ill. Reg. 9754, effective August 23, 2019.

SUBPART B: CONTROL OF MERCURY EMISSIONS FROM COAL-FIRED ELECTRIC GENERATING UNITS

Section 225.233 Multi-Pollutant Standards (MPS)

a) General.

1) As an alternative to compliance with the emissions standards of Section 225.230(a), the owner of eligible EGUs may elect for those EGUs to demonstrate compliance pursuant to this Section, which establishes control requirements and standards for emissions of NOx and SO2, as well as for emissions of mercury.

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2) For the purpose of this Section, the following requirements apply:

A) An eligible EGU is an EGU that is located in Illinois and which commenced commercial operation on or before December 31, 2004; and

B) Ownership of an eligible EGU is determined based on direct ownership, by the holding of a majority interest in a company that owns the EGU or EGUs, or by the common ownership of the company that owns the EGU, whether through a parent-subsidiary relationship, as a sister corporation, or as an affiliated corporation with the same parent corporation, provided that the owner has the right or authority to submit a CAAPP application on behalf of the EGU.

3) The owner of one or more EGUs electing to demonstrate compliance with this Subpart B pursuant to this Section must submit an application for a CAAPP permit modification to the Agency, as provided in Section 225.220, that includes the information specified in subsection (b) of this Section and which clearly states the owner's election to demonstrate compliance pursuant to this Section 225.233.

A) If the owner of one or more EGUs elects to demonstrate compliance with this Subpart pursuant to this Section, then all EGUs it owns in Illinois as of July 1, 2006, as defined in subsection (a)(2)(B) of this Section, must be thereafter subject to the standards and control requirements of this Section, except as provided in subsection (a)(3)(B). Such EGUs must be referred to as a Multi-Pollutant Standard (MPS) Group.

B) Notwithstanding the foregoing, the owner may exclude from an MPS Group any EGU scheduled for permanent shutdown that the owner so designates in its CAAPP application required to be submitted pursuant to subsection (a)(3) of this Section, with compliance for such units to be achieved by means of Section 225.235.

4) Notwithstanding any contrary provision in this subsection (a), on and after January 1, 2019:

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A) The following EGUs shall be merged into a new MPS Group: Baldwin Units 1, 2, and 3; Coffeen Units 1 and 2; Duck Creek Unit 1; E.D. Edwards Units 2 and 3; Havana Unit 9; Hennepin Units 1 and 2; Joppa Units 1, 2, 3, 4, 5, and 6; and Newton Unit 1. If one or more of the above EGUs are transferred to a different owner, such EGU or EGUs will become a separate MPS Group on and after the date of transfer. For purposes of this Section, "transfer" means sale, conveyance, transfer, or other change in ownership of an EGU; and

B) No other EGUs except for those listed in subsection (a)(4)(A) are subject to the requirements of this Section.

54) When an EGU is subject to the requirements of this Section, the requirements apply to all owners or operators of the EGU. b) Notice of Intent. The owner of one or more EGUs that intends to comply with this Subpart B by means of this Section must notify the Agency of its intention by December 31, 2007. The following information must accompany the notification:

1) The identification of each EGU that will be complying with this Subpart B by means of the multi-pollutant standards contained in this Section, with evidence that the owner has identified all EGUs that it owned in Illinois as of July 1, 2006 and which commenced commercial operation on or before December 31, 2004;

2) If an EGU identified in subsection (b)(1) of this Section is also owned or operated by a person different than the owner submitting the notice of intent, a demonstration that the submitter has the right to commit the EGU or authorization from the responsible official for the EGU accepting the application;

3) The Base Emission Rates for the EGUs, with copies of supporting data and calculations;

4) A summary of the current control devices installed and operating on each EGU and identification of the additional control devices that will likely be

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needed for the each EGU to comply with emission control requirements of this Section, including identification of each EGU in the MPS group that will be addressed by subsection (c)(1)(B) of this Section, with information showing that the eligibility criteria for this subsection (b) are satisfied; and

5) Identification of each EGU that is scheduled for permanent shutdownshut down, as provided by Section 225.235, which will not be part of the MPS Group and which will not be demonstrating compliance with this Subpart B pursuant to this Section. c) Control Technology Requirements for Emissions of Mercury.

1) Requirements for EGUs in an MPS Group.

A) For each EGU in an MPS Group other than an EGU that is addressed by subsection (c)(1)(B) of this Section for the period beginning July 1, 2009 (or December 31, 2009 for an EGU for which an SO2 scrubber or fabric filter is being installed to be in operation by December 31, 2009), and ending on December 31, 2014 (or such earlier date that the EGU is subject to the mercury emission standard in subsection (d)(1) of this Section), the owner or operator of the EGU must install, to the extent not already installed, and properly operate and maintain one of the following emission control devices:

i) A Halogenated Activated Carbon Injection System, complying with the sorbent injection requirements of subsection (c)(2) of this Section, except as may be otherwise provided by subsection (c)(4) of this Section, and followed by a Cold-Side Electrostatic Precipitator or Fabric Filter; or

ii) If the boiler fires bituminous coal, a Selective Catalytic Reduction (SCR) System and an SO2 Scrubber.

B) An owner of an EGU in an MPS Group has two options under this subsection (c). For an MPS Group that contains EGUs smaller than 90 gross MW in capacity, the owner may designate any such EGUs to be not subject to subsection (c)(1)(A) of this Section. Or,

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for an MPS Group that contains EGUs with gross MW capacity of less than 115 MW, the owner may designate any such EGUs to be not subject to subsection (c)(1)(A) of this Section, provided that the aggregate gross MW capacity of the designated EGUs does not exceed 4% of the total gross MW capacity of the MPS Group. For any EGU subject to one of these two options, unless the EGU is subject to the emission standards in subsection (d)(2) of this Section, beginning on January 1, 2013, and continuing until such date that the owner or operator of the EGU commits to comply with the mercury emission standard in subsection (d)(2) of this Section, the owner or operator of the EGU must install and properly operate and maintain a Halogenated Activated Carbon Injection System that complies with the sorbent injection requirements of subsection (c)(2) of this Section, except as may be otherwise provided by subsection (c)(4) of this Section, and followed by either a Cold-Side Electrostatic Precipitator or Fabric Filter. The use of a properly installed, operated, and maintained Halogenated Activated Carbon Injection System that meets the sorbent injection requirements of subsection (c)(2) of this Section is defined as the "principal control technique."

2) For each EGU for which injection of halogenated activated carbon is required by subsection (c)(1) of this Section, the owner or operator of the EGU must inject halogenated activated carbon in an optimum manner, which, except as provided in subsection (c)(4) of this Section, is defined as all of the following:

A) The use of an injection system designed for effective absorption of mercury, considering the configuration of the EGU and its ductwork;

B) The injection of halogenated activated carbon manufactured by Alstom, Norit, or Sorbent Technologies, Calgon Carbon's FLUEPAC CF Plus, or Calgon Carbon's FLUEPAC MC Plus, or the injection of any other halogenated activated carbon or sorbent that the owner or operator of the EGU has demonstrated to have similar or better effectiveness for control of mercury emissions; and

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C) The injection of sorbent at the following minimum rates, as applicable:

i) For an EGU firing subbituminous coal, 5.0 lbs per million actual cubic feet or, for any cyclone-fired EGU that will install a scrubber and baghouse by December 31, 2012, and which already meets an emission rate of 0.020 lbs mercury/GWh gross electrical output or at least 75 percent reduction of input mercury, 2.5 lbs per million actual cubic feet;

ii) For an EGU firing bituminous coal, 10.0 lbs per million actual cubic feet for any cyclone-fired EGU that will install a scrubber and baghouse by December 31, 2012, and which already meets an emission rate of 0.020 lbs mercury/GWh gross electrical output or at least 75 percent reduction of input mercury, 5.0 lbs per million actual cubic feet;

iii) For an EGU firing a blend of subbituminous and bituminous coal, a rate that is the weighted average of the above rates, based on the blend of coal being fired; or

iv) A rate or rates set lower by the Agency, in writing, than the rate specified in any of subsections (c)(2)(C)(i), (c)(2)(C)(ii), or (c)(2)(C)(iii) of this Section on a unit- specific basis, provided that the owner or operator of the EGU has demonstrated that such rate or rates are needed so that carbon injection will not increase particulate matter emissions or opacity so as to threaten noncompliance with applicable requirements for particulate matter or opacity.

D) For the purposes of subsection (c)(2)(C) of this Section, the flue gas flow rate shall be the gas flow rate in the stack for all units except for those equipped with activated carbon injection prior to a hot-side electrostatic precipitator; for units equipped with activated carbon injection prior to a hot-side electrostatic precipitator, the flue gas flow rate shall be the gas flow rate at the inlet to the hot- side electrostatic precipitator, which shall be determined as the stack flow rate adjusted through the use of Charles' Law for the

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differences in gas temperatures in the stack and at the inlet to the electrostatic precipitator (Vesp = Vstack x Tesp/Tstack, where V = gas flow rate in acf and T = gas temperature in Kelvin or Rankine).

3) The owner or operator of an EGU that seeks to operate an EGU with an activated carbon injection rate or rates that are set on a unit-specific basis pursuant to subsection (c)(2)(C)(iv) of this Section must submit an application to the Agency proposing such rate or rates, and must meet the requirements of subsections (c)(3)(A) and (c)(3)(B) of this Section, subject to the limitations of subsections (c)(3)(C) and (c)(3)(D) of this Section:

A) The application must be submitted as an application for a new or revised federally enforceable operating permit for the EGU, and it must include a summary of relevant mercury emission data for the EGU, the unit-specific injection rate or rates that are proposed, and detailed information to support the proposed injection rate or rates; and

B) This application must be submitted no later than the date that activated carbon must first be injected. For example, the owner or operator of an EGU that must inject activated carbon pursuant to subsection (c)(1)(A) of this subsection must apply for unit-specific injection rate or rates by July 1, 2009. Thereafter, the owner or operator of the EGU may supplement its application; and

C) Any decision of the Agency denying a permit or granting a permit with conditions that set a lower injection rate or rates may be appealed to the Board pursuant to Section 39 of the Act; and

D) The owner or operator of an EGU may operate at the injection rate or rates proposed in its application until a final decision is made on the application, including a final decision on any appeal to the Board.

4) During any evaluation of the effectiveness of a listed sorbent, an alternative sorbent, or other technique to control mercury emissions, the owner or operator of an EGU need not comply with the requirements of subsection (c)(2) of this Section for any system needed to carry out the evaluation, as further provided as follows:

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A) The owner or operator of the EGU must conduct the evaluation in accordance with a formal evaluation program submitted to the Agency at least 30 days prior to commencement of the evaluation;

B) The duration and scope of the evaluation may not exceed the duration and scope reasonably needed to complete the desired evaluation of the alternative control technique, as initially addressed by the owner or operator in a support document submitted with the evaluation program;

C) The owner or operator of the EGU must submit a report to the Agency no later than 30 days after the conclusion of the evaluation that describes the evaluation conducted and which provides the results of the evaluation; and

D) If the evaluation of the alternative control technique shows less effective control of mercury emissions from the EGU than was achieved with the principal control technique, the owner or operator of the EGU must resume use of the principal control technique. If the evaluation of the alternative control technique shows comparable effectiveness to the principal control technique, the owner or operator of the EGU may either continue to use the alternative control technique in a manner that is at least as effective as the principal control technique, or it may resume use of the principal control technique. If the evaluation of the alternative control technique shows more effective control of mercury emissions than the control technique, the owner or operator of the EGU must continue to use the alternative control technique in a manner that is more effective than the principal control technique, so long as it continues to be subject to this subsection (c).

5) In addition to complying with the applicable recordkeeping and monitoring requirements in Sections 225.240 through 225.290, the owner or operator of an EGU that elects to comply with this Subpart B by means of this Section must also comply with the following additional requirements:

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A) For the first 36 months that injection of sorbent is required, it must maintain records of the usage of sorbent, the flue gas flow rate from the EGU (and, if the unit is equipped with activated carbon injection prior to a hot-side electrostatic precipitator, flue gas temperature at the inlet of the hot-side electrostatic precipitator and in the stack), and the sorbent feed rate, in pounds per million actual cubic feet of flue gas, on a weekly average;

B) After the first 36 months that injection of sorbent is required, it must monitor activated sorbent feed rate to the EGU, gas flow rate in the stack, and, if the unit is equipped with activated carbon injection prior to a hot-side electrostatic precipitator, flue gas temperature at the inlet of the hot-side electrostatic precipitator and in the stack. It must automatically record this data and the sorbent carbon feed rate, in pounds per million actual cubic feet of flue gas, on an hourly average; and

C) If a blend of bituminous and subbituminous coal is fired in the EGU, it must keep records of the amount of each type of coal burned and the required injection rate for injection of activated carbon, on a weekly basis.

6) Until June 30, 2012, as an alternative to the CEMS or excepted monitoring system (sorbent trap system) monitoring, recordkeeping, and reporting requirements in Sections 225.240 through 225.290, the owner or operator of an EGU may elect to comply with the emissions testing, monitoring, recordkeeping, and reporting requirements in Section 225.239(c), (d), (e), (f)(1) and (2), (h)(2), (i)(3) and (4), and (j)(1).

7) In addition to complying with the applicable reporting requirements in Sections 225.240 through 225.290, the owner or operator of an EGU that elects to comply with this Subpart B by means of this Section must also submit quarterly reports for the recordkeeping and monitoring conducted pursuant to subsection (c)(5) of this Section. d) Emission Standards for Mercury.

1) For each EGU in an MPS Group that is not addressed by subsection (c)(1)(B) of this Section, beginning January 1, 2015 (or such earlier date

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when the owner or operator of the EGU notifies the Agency that it will comply with these standards) and continuing thereafter, the owner or operator of the EGU must comply with one of the following standards on a rolling 12-month basis:

A) An emission standard of 0.0080 lb mercury/GWh gross electrical output; or

B) A minimum 90-percent reduction of input mercury.

2) For each EGU in an MPS Group that has been addressed under subsection (c)(1)(B) of this Section, beginning on the date when the owner or operator of the EGU notifies the Agency that it will comply with these standards and continuing thereafter, the owner or operator of the EGU must comply with one of the following standards on a rolling 12-month basis:

A) An emission standard of 0.0080 lb mercury/GWh gross electrical output; or

B) A minimum 90-percent reduction of input mercury.

3) Compliance with the mercury emission standard or reduction requirement of this subsection (d) must be calculated in accordance with Section 225.230(a) or (d), or Section 225.232 until December 31, 2013.

4) Until June 30, 2012, as an alternative to demonstrating compliance with the emissions standards in this subsection (d), the owner or operator of an EGU may elect to comply with the emissions testing requirements in Section 225.239(a)(4) and (b), (c), (d), (e), (f), (g), (h), (i), and (j) of this Subpart. e) Emission Standards for NOx and SO2.

1) NOx Emission Standards.

A) Beginning in calendar year 2012 and continuing through calendar year 2018in each calendar thereafter, for the EGUs in each MPS Group, the owner and operator of the EGUs must comply with an

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overall NOx annual emission rate of no more than 0.11 lb/mmBtumillion Btu or an emission rate equivalent to 52 percent of the Base Annual Rate of NOx emissions, whichever is more stringent.

B) Beginning in the 2012 ozone season and continuing through the 2018in each ozone season thereafter, for the EGUs in each MPS Group, the owner and operator of the EGUs must comply with an overall NOx seasonal emission rate of no more than 0.11 lb/mmBtumillion Btu or an emission rate equivalent to 80 percent of the Base Seasonal Rate of NOx emissions, whichever is more stringent.

C) Except as otherwise provided in subsection (f), (g), and (h), beginning in calendar year 2019 and continuing in each calendar year thereafter, the owner and operator of the EGUs in an MPS Group must not cause or allow to be discharged into the atmosphere combined annual NOx emissions in excess of 19,000 tons from all EGUs.

D) Except as otherwise provided in subsections (f), (g), and (h), beginning in calendar year 2019 and continuing in each calendar year thereafter, from May 1 to September 30 the owner and operator of the EGUs in an MPS Group must not cause or allow to be discharged into the atmosphere combined NOx emissions in excess of 11,500 tons from all EGUs.

E) On and after January 1, 2019, the owner and operator of any of Baldwin Units 1 and 2, Coffeen Units 1 and 2, Duck Creek Unit 1, E.D. Edwards Unit 3, and Havana Unit 9 must comply with the following:

i) Operate each existing selective catalytic reduction (SCR) control system on each EGU in accordance with good operating practices and at all times when the unit it serves is in operation, provided that such operation of the SCR control system is consistent with the technological limitations, manufacturers' specifications, and good engineering and maintenance practices for the SCR control

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system. During any such period in which the SCR is not operational, the owner and operator must minimize emissions to the extent reasonably practicable. All NOx emissions from each EGU, regardless of whether the SCR is operational or non-operational, must be included in determining compliance with the emission standards set forth under subsections (e)(1)(C), (e)(1)(D), (f)(1), (g)(1), and (h)(1), as applicable.

ii) From May 1 through September 30, comply with a combined NOx average emission rate of no more than 0.10 lb/mmBtu. Averaging is only allowed among EGUs in the same MPS Group.

2) SO2 Emission Standards.

A) Beginning in calendar year 2013 and continuing in calendar year 2014, for the EGUs in each MPS Group, the owner and operator of the EGUs must comply with an overall SO2 annual emission rate of 0.33 lb/mmBtumillion Btu or a rate equivalent to 44 percent of the Base Rate of SO2 emissions, whichever is more stringent.

B) Beginning in calendar year 2015 and continuing through calendar year 2018in each calendar year thereafter, for the EGUs in each MPS GroupGrouping, the owner and operator of the EGUs must comply with an overall annual emission rate for SO2 of 0.25 lbs/mmBtumillion Btu or a rate equivalent to 35 percent of the Base Rate of SO2 emissions, whichever is more stringent.

C) Except as otherwise provided in subsection (f), (g), and (h), beginning in calendar year 2019 and continuing in each calendar year thereafter, the owner and operator of the EGUs in an MPS Group must not cause or allow to be discharged into the atmosphere combined annual SO2 emissions in excess of 34,500 tons from all EGUs.

D) Beginning in calendar year 2019 and continuing in each calendar year thereafter, the owner and operator of Joppa Units 1, 2, 3, 4, 5, and 6 must not cause or allow to be discharged into the atmosphere

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combined annual SO2 emissions in excess of 19,860 tons from such EGUs.

3) Ameren MPS Group Multi-Pollutant Standard

A) Notwithstanding the provisions of subsections (e)(1) and (2) of this Section, this subsection (e)(3) applies to the Ameren MPS Group as described in the notice of intent submitted by Ameren Energy Resources in accordance with subsection (b) of this Section.

B) NOx Emission Standards

i) Beginning in the 2010 ozone season and continuing in each ozone season thereafter, for the EGUs in the Ameren MPS Group, the owner and operator of the EGUs must comply with an overall NOx seasonal emission rate of no more than 0.11 lb/million Btu.

ii) Beginning in calendar year 2010 and continuing in calendar year 2011, for the EGUs in the Ameren MPS Group, the owner and operator of the EGUs must comply with an overall NOx annual emission rate of no more than 0.14 lb/ million Btu.

iii) Beginning in calendar year 2012 and continuing in each calendar year thereafter, for the EGUs in the Ameren MPS Group, the owner and operator of the EGUs must comply with an overall NOx annual emission rate of no more than 0.11 lb/million Btu.

C) SO2 Emission Standards

i) Beginning in calendar year 2010 and continuing in each calendar year through 2013, for the EGUs in the Ameren MPS Group, the owner and operator of the EGUs must comply with an overall SO2 annual emission rate of 0.50 lb/million Btu.

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ii) In calendar year 2014, for the EGUs in the Ameren MPS Group, the owner and operator of the EGUs must comply with an overall SO2 annual emission rate of 0.43 lb/million Btu.

iii) Beginning in calendar year 2015 and continuing in calendar year 2016, for the EGUs in the Ameren MPS Group, the owner and operator of the EGUs must comply with an overall SO2 annual emission rate of 0.25 lb/million Btu.

iv) Beginning in calendar year 2017 and continuing in each calendar year thereafter, for the EGUs in the Ameren MPS Group, the owner and operator of the EGUs must comply with an overall SO2 annual emission rate of 0.23 lb/million Btu.

4) Compliance with the NOx and SO2 emission standards must be demonstrated in accordance with Sections 225.310, 225.410, and 225.510. The owner or operator of EGUs must complete the demonstration of compliance before March 1 of the following year for annual standards and before November 1 for seasonal standards, by which date a compliance report must be submitted to the Agency. f) Transfer of EGUs in an MPS Group

1) If EGUs in an MPS Group are transferred to a different owner:

A) For the MPS Group from which EGUs are transferred: The combined emissions limitations for the MPS Group set forth in this Section, as applicable, must be adjusted by subtracting from those limitations the applicable allocation amounts set forth in Columns A, B, and C in subsection (f)(2) that are attributable to the transferred EGUs. The owner and operator of the MPS Group must comply with the adjusted emissions limitations beginning with the year in which the transfer occurs.

B) For a new MPS Group consisting of the acquired EGUs:

i) The owner and operator of the EGUs in an MPS Group

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must not cause or allow to be discharged into the atmosphere combined annual NOx emissions in excess of the applicable annual NOx limitation from all EGUs. The applicable annual NOx limitation shall be the sum of the allocation amounts attributable to all EGUs in the MPS Group set forth in Column A of subsection (f)(2).

ii) From May 1 through September 30, the owner and operator of the EGUs in an MPS Group must not cause or allow to be discharged into the atmosphere combined NOx emissions in excess of the applicable seasonal NOx limitation from all EGUs. The applicable seasonal NOx limitation shall be the sum of the allocation amounts attributable to all EGUs in the MPS Group set forth in Column B of subsection (f)(2).

iii) The owner and operator of the EGUs in an MPS Group must not cause or allow to be discharged into the atmosphere combined annual SO2 emissions in excess of the applicable annual SO2 limitation from all EGUs. The applicable annual SO2 limitation shall be the sum of the unit allocation amounts attributable to all EGUs in the MPS Group set forth in Column C of subsection (f)(2).

iv) Notwithstanding subsections (f)(1)(B)(i) through (iii), if all the EGUs set forth under subsection (a)(4)(A) are transferred to the same owner on the same date, the owner and operator of the EGUs in the new MPS Group must comply with the emission limitations under subsection (e); the allocation amounts in subsection (f)(2) shall not apply.

C) The owner and operator of the EGUs as of the last day of the applicable compliance period must demonstrate compliance with the emission standards of this Section for the entire applicable compliance period. In determining compliance, such owner and operator must include in their calculations emissions from the EGUs for the entire applicable compliance period; the prior owner and operator shall not include in their calculations emissions from the EGUs for the applicable compliance period.

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D) Nothing in this subsection (f) relieves owners and operators of EGUs in an MPS Group from any of the other requirements set forth in this Section, including the mercury standards in subsection (d).

2) Allocation Amounts in the Event of Transfer of EGUs

Column A. Column B. Column C.

Nox Allocation NOx Allocation SO2 Allocation Amount (TPY Amount (May1 Amount (TPY) in the Event of through Sept 30 in the Event of Transfer Tons) in the Transfer Event of Transfer

A) Baldwin 4,570 2,700 3,760

B) Havana 1,370 810 940

C) Hennepin 1,140 675 3,760

D) Coffeen 1,520 900 150

E) Duck Creek 1,070 630 150

F) Edwards 2,280 1,350 6,300

G) Joppa 3,960 2,340 11,290

H) Newton 2,050 1,215 6,300

3) If EGUs in an MPS Group are transferred to a different owner:

A) The transferring owner must notify the Agency's Bureau of Air, Compliance Section, in writing within seven days after the date of transfer. The notification must include the following information:

i) Name and address of the transferring owner and operator;

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ii) List of the EGUs transferred;

iii) For the remaining EGUs in the MPS Group, calculations pursuant to subsection (f)(1)(A) demonstrating the adjusted combined annual NOx emissions limitation, the adjusted combined NOx emissions limitation from May 1 through September 30, and the adjusted combined annual SO2 emissions limitation that are applicable to the MPS Group;

iv) Name and address of the new owner and operator; and

v) Date of transfer.

B) The acquiring owner must notify the Agency's Bureau of Air, Compliance Section, in writing within seven days after the date of transfer. The notification must include the following information:

i) Name and address of the acquiring owner and operator;

ii) Name and address of the transferring owner and operator;

iii) List of the EGUs acquired;

iv) Calculations pursuant to subsection (f)(1)(B) demonstrating the combined annual NOx emissions limitation, the combined NOx emissions limitation from May 1 through September 30, and the combined annual SO2 emissions limitation that are applicable to the acquiring owner and operator's MPS Group; and

v) Date of transfer. g) Permanent Shutdown of EGUs in an MPS Group

1) If one or more EGUs in an MPS Group are permanently shut down:

A) Such EGU or EGUs are no longer part of an MPS Group and no longer subject to the requirements of this Section.

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B) The combined emissions limitations for the MPS Group set forth in this Section, as applicable, must be adjusted by subtracting from those limitations the applicable allocation amounts set forth in Columns A, B, and C in subsection (g)(2) that are attributable to the shut-down EGU or EGUs. The owner and operator of the MPS Group must comply with the adjusted emissions limitations, beginning with the compliance period or periods during which the permanent shutdown occurs. For the purposes of this Section, "permanent shutdown" occurs on the date the owner or operator of the EGUs submits a written request to the Agency to modify its operating permit to reflect the shutdown of the EGU or EGUs, or to withdraw the permit for the source. In determining compliance with the adjusted emission limitations, the owner and operator must include in their calculations emissions from the shut-down EGU or EGUs for the entire applicable compliance period.

C) Nothing in this subsection (g) relieves owners and operators of EGUs in an MPS Group from any of the other requirements set forth in this Section, including the mercury standards in subsection (d).

2) Allocation Amounts in the Event of Shutdown of EGUs

Column A. Column B. Column C.

Nox Allocation NOx Allocation SO2 Allocation Amount (TPY) for (May 1 through Amount (TPY) for Shutdown Sept 30 Tons) for Shutdown Shutdown

A) Baldwin 1 1,560 920 1,290

B) Baldwin 2 1,450 860 1,200

C) Baldwin 3 1,560 920 1,270

D) Havana 9 1,370 810 940

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E) Hennepin 1 270 160 910

F) Hennepin 2 870 500 2,860

G) Coffeen 1 570 340 60

H) Coffeen 2 960 560 90

I) Duck Creek 1 1,070 630 150

J) Edwards 2 960 560 2,640

K) Edwards 3 1,330 780 3,660

L) Joppa 1 660 390 1,880

M) Joppa 2 660 390 1,880

N) Joppa 3 660 390 1,880

O) Joppa 4 660 390 1,880

P) Joppa 5 660 390 1,880

Q) Joppa 6 660 390 1,880

R) Newton 1 2,050 1,215 6,300

3) If one or more EGUs in an MPS Group are permanently shut down, the owner must notify the Agency's Bureau of Air, Compliance Section, in writing within seven days after the date of shutdown. Such notification must include the following information:

A) Name and address of the owner and operator;

B) List of the EGUs permanently shut down;

C) For the remaining EGUs in the MPS Group, calculations pursuant to subsection (g)(1)(B) demonstrating the adjusted combined

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annual NOx emissions limitation, the adjusted combined NOx emissions limitation from May 1 through September 30, and the adjusted combined annual SO2 emissions limitation that are applicable to the MPS Group; and

D) Date of permanent shutdown, which is the date the owner or operator submitted a written request to the Agency to modify its operating permit to reflect the shutdown or to withdraw the permit for the source. h) Temporary shutdown of EGUs in an MPS Group

1) If one or more EGUs in an MPS Group do not operate to produce electricity for sale during an entire compliance period or periods:

A) The combined emissions limitations for the MPS Group set forth in this Section, as applicable, must be adjusted by subtracting from those limitations the applicable allocation amounts set forth in Columns A, B, and C in subsection (h)(2) that are attributable to the temporarily shut-down EGU or EGUs.

B) The owner and operator of the MPS Group must comply with the adjusted emissions limitations for that compliance period or periods.

C) Nothing in this subsection (h) relieves owners and operators of EGUs in an MPS Group from any of the other requirements set forth in this Section, including the mercury standards in subsection (d).

2) Allocation amounts in the event of temporary shutdown of EGUs:

Column A. Column B. Column C.

NOx Allocation NOx Allocation SO2 Allocation Amount (TPY) Amount (May1 Amount (TPY) for Temporary through Sept 30 for Temporary Shutdown Tons) for Shutdown Temporary Shutdown

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A) Baldwin 1 1,560 920 1,290

B) Baldwin 2 1,450 860 1,200

C) Baldwin 3 1,560 920 1,270

D) Havana 9 1,370 810 940

E) Hennepin 1 270 160 910

F) Hennepin 2 870 500 2,860

G) Coffeen 1 570 340 60

H) Coffeen 2 960 560 90

I) Duck Creek 1 1,070 630 150

J) Edwards 2 960 560 2,640

K) Edwards 3 1,330 780 3,660

L) Joppa 1 660 390 1,880

M) Joppa 2 660 390 1,880

N) Joppa 3 660 390 1,880

O) Joppa 4 660 390 1,880

P) Joppa 5 660 390 1,880

Q) Joppa 6 660 390 1,880

R) Newton 1 2,050 1,215 6,300

3) If one or more EGUs in an MPS Group do not operate to produce electricity for sale during an entire compliance period, the owner or

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operator must notify the Agency's Bureau of Air, Compliance Section, in writing within seven days after the end of each compliance period. The notification must include the following information:

A) Name and address of the owner and operator;

B) List of the EGUs temporarily shut down;

C) For the remaining EGUs in the MPS Group, calculations pursuant to subsection (g)(1)(B) demonstrating the adjusted combined annual NOx emissions limitation, the adjusted combined NOx emissions limitation from May 1 through September 30, and the adjusted combined annual SO2 emissions limitation that are applicable to the MPS Group for the pertinent compliance period; and

D) Date that the EGU or EGUs stopped operating. i)f) Requirements for NOx and SO2 Allowances.

1) The owner or operator of EGUs in an MPS Group must not sell or trade to any person or otherwise exchange with or give to any person NOx allowances allocated to the EGUs in the MPS Group for vintage years 2012 and beyond that would otherwise be available for sale, trade, or exchange as a result of actions taken to comply with the standards in subsection (e) of this Section. Such allowances that are not retired for compliance must be surrendered to the Agency on an annual basis, beginning in calendar year 2013. This provision does not apply to the use, sale, exchange, gift, or trade of allowances among the EGUs in an MPS Group.

2) The owners or operators of EGUs in an MPS Group must not sell or trade to any person or otherwise exchange with or give to any person SO2 allowances allocated to the EGUs in the MPS Group for vintage years 2013 and beyond that would otherwise be available for sale or trade as a result of actions taken to comply with the standards in subsection (e) of this Section. Such allowances that are not retired for compliance, or otherwise surrendered pursuant to a consent decree to which the State of Illinois is a party, must be surrendered to the Agency on an annual basis,

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beginning in calendar year 2014. This provision does not apply to the use, sale, exchange, gift, or trade of allowances among the EGUs in an MPS Group.

3) The provisions of this subsection (i)(f) do not restrict or inhibit the sale or trading of allowances that become available from one or more EGUs in a MPS Group as a result of holding allowances that represent over- compliance with the NOx or SO2 standard in subsection (e) of this Section, once such a standard becomes effective, whether such over-compliance results from control equipment, fuel changes, changes in the method of operation, unit shutdownsshut downs, or other reasons.

4) For purposes of this subsection (i)(f), NOx and SO2 allowances mean allowances necessary for compliance with Sections 225.310, 225.410, or 225.510, 40 CFR 72, or Subparts AA and AAAA of 40 CFR 96, or any future federal NOx or SO2 emissions trading programs that modify or replace these programs. This Section does not prohibit the owner or operator of EGUs in an MPS Group from purchasing or otherwise obtaining allowances from other sources as allowed by law for purposes of complying with federal or state requirements, except as specifically set forth in this Section.

5) By March 1, 2010, and continuing each year thereafter, the owner or operator of EGUs in an MPS Group must submit a report to the Agency that demonstrates compliance with the requirements of this subsection (i)(f) for the previous calendar year, and which includes identification of any allowances that have been surrendered to the USEPA or to the Agency and any allowances that were sold, gifted, used, exchanged, or traded because they became available due to over-compliance. All allowances that are required to be surrendered must be surrendered by August 31, unless USEPA has not yet deducted the allowances from the previous year. A final report will be submitted to the Agency by August 31 of each year, verifying that the actions described in the initial report have taken place or, if such actions have not taken place, an explanation of all changes that have occurred and the reasons for such changes. If USEPA has not deducted the allowances from the previous year by August 31, the final report will be due, and all allowances required to be surrendered must be surrendered, within 30 days after such deduction occurs.

ILLINOIS REGISTER 9782 19 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT g) Notwithstanding 35 Ill. Adm. Code 201.146(hhh), until an EGU has complied with the applicable emission standards of subsections (d) and (e) of this Section for 12 months, the owner or operator of the EGU must obtain a construction permit for any new or modified air pollution control equipment that it proposes to construct for control of emissions of mercury, NOx, or SO2. j) Recordkeeping On and after January 1, 2019, and continuing each year thereafter, the owner and operator of the EGUs in an MPS Group must keep and maintain all records necessary to demonstrate compliance with this Section, including but not limited to those listed in subsections (j)(1) and (j)(2). Copies of such records must be kept at the source and maintained for at least five years from the date the document is created and must be submitted by the owner and operator to the Agency within 30 days after receipt of a written request by the Agency.

1) All emissions monitoring information gathered in accordance with 40 CFR 75.

2) Copies of all reports and compliance certifications required under subsection (k) of this Section. k) Reporting

1) Prior to January 1, 2019, compliance with the NOx and SO2 emission standards must be demonstrated in accordance with Sections 225.310, 225.410, and 225.510. The owner or operator of EGUs must complete the demonstration of compliance before March 1 of the following year for annual standards and before November 1 for seasonal standards, by which date a compliance report must be submitted to the Agency.

2) On and after January 1, 2019, and continuing each year thereafter, the owner and operator of the EGUs in an MPS Group must demonstrate compliance with the applicable requirements set forth in this subsection (k)(2).

A) Beginning in 2020, and continuing each year thereafter, the owner and operator of EGUs in an MPS Group must submit to the Agency's Bureau of Air, Compliance Section, a report demonstrating compliance with the annual emissions standards in

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subsections (e)(1)(C), (e)(2)(C), (e)(2)(D), (f)(1), (g)(1), and (h)(1), as applicable, and with the requirements of subsection (e)(1)(E)(i), as applicable, on or before March 1 of each year. The compliance report must include the following for the preceding calendar year:

i) Actual emissions of each pollutant, expressed in tons, for each individual EGU in the MPS Group.

ii) Combined actual emissions of each pollutant, expressed in tons, for all EGUs in the MPS Group.

iii) Combined actual emissions of SO2, expressed in tons, for all Joppa EGUs.

iv) A statement indicating whether each existing SCR control system on Baldwin Units 1 and 2, Coffeen Units 1 and 2, Duck Creek Unit 1, E.D. Edwards Unit 3, and Havana Unit 9 was operated in accordance with good operating practices and at all times when the unit it serves was in operation, consistent with the technological limitations, manufacturers' specifications, and good engineering and maintenance practices for the SCR control system.

v) A statement indicating whether the EGUs in an MPS Group were operated in compliance with the requirements of this Section.

vi) A certification by a responsible official that states the following:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am

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aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

B) By November 1 of each year, the owner and operator of EGUs in an MPS Group must submit to the Agency's Bureau of Air, Compliance Section, a report demonstrating compliance with the seasonal emissions standards under subsections (e)(1)(D), (e)(1)(E)(ii), (f)(1), (g)(1), and (h)(1), as applicable. The compliance report must include the following for the preceding May 1 through September 30:

i) Actual emissions of NOx, expressed in tons, for each individual EGU in the MPS Group.

ii) Combined actual emissions of NOx, expressed in tons, of all EGUs in the MPS Group.

iii) NOx average emission rate (lbs/mmBtu) for each of Baldwin Units 1 and 2; Coffeen Units 1 and 2; Duck Creek Unit 1; E.D. Edwards Unit 3; and Havana Unit 9, as applicable.

iv) Combined NOx average emission rate (lbs/mmBtu) for Baldwin Units 1 and 2; Coffeen Units 1 and 2; Duck Creek Unit 1; E.D. Edwards Unit 3; and Havana Unit 9, as applicable under subsection (e)(1)(E)(ii).

v) A statement indicating whether the EGUs in an MPS Group were operated in compliance with the requirements of this Section.

vi) A certification by a responsible official that states the following:

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information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

3) For each EGU in an MPS Group, the owner or operator must notify the Agency of deviations from any of the requirements of this Section within 30 days after discovery of the deviations. At a minimum, these notifications must include a description of the deviations, a discussion of the possible cause of the deviations, and a description of any corrective actions and preventative measures taken.

4) Within 30 days after the beginning of a period during which the SCR control system on any of Baldwin Unit 1, Baldwin Unit 2, Coffeen Unit 1, Coffeen Unit 2, Duck Creek Unit 1, E.D. Edwards Unit 3, or Havana Unit 9 is not operated when the EGU it serves is in operation, the owner and operator must notify the Agency's Bureau of Air, Compliance Section, in writing. This notification must include, at a minimum, a description of why the SCR control system was not operated, the time frames during which the SCR control system was not operated, and the steps taken to minimize emissions during those time frames. l) EGU Shutdowns

1) By September 23, 2019, the owner or operator of the EGUs in the MPS group specified in subsection (a)(4)(A) must submit documentation to the regional transmission operator, Midcontinent Independent System Operator (MISO), that meets all applicable regulatory requirements necessary to obtain MISO approval to permanently cease operating one or more EGUs from that MPS Group with an aggregate capacity of at least 2,000 MW (calculated on a nameplate basis) of coal-fired electric generation.

2) The owner or operator must permanently cease operating each coal-fired EGU identified in the documentation within 60 days after receiving

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notification from MISO that the owner or operator may cease operating that unit, but in no event later than December 31, 2019, except as follows:

A) If MISO determines that operation of a coal-fired EGU is required to continue to operate to maintain transmission reliability, the owner or operator may continue operating the EGU but must use its best efforts to resolve the reliability requirement with MISO and cease operation of the EGU as soon as practicable.

B) If MISO has not yet approved the cessation of operation of an EGU by December 31, 2019, the owner or operator may continue operating the EGU but must continue to seek a resolution with MISO until such time as MISO approves the cessation of operation of the unit.

C) The owner or operator must permanently cease operating an EGU referenced in subsection (l)(2)(A) or (B) no later than 30 days after receipt of MISO's notification that the owner or operator may cease operating the unit.

3) The owner or operator of the EGUs in the MPS Group must submit the following notifications to the Agency's Bureau of Air, Compliance Section, to demonstrate compliance with this subsection (l):

A) By October 7, 2019, the owner or operator must submit a notification to the Agency containing the date that the owner or operator submitted the documentation required by subsection (l)(1) to MISO and a certification that the owner or operator has designated in that documentation EGUs from the MPS Group with an aggregate capacity of at least 2,000 MW of coal-fired electric generation for permanent cessation of operations.

B) Within 30 days after the owner's or operator's receipt of MISO's response regarding whether an EGU in the MPS Group may cease operations or is required to continue to operate to maintain transmission reliability, but for responses received on or before December 31, 2019, in no event later than January 7, 2020, the owner or operator must notify the Agency of MISO's decision and identify each EGU to which the decision applies. If an EGU is

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required to continue operation, the notification to the Agency must also describe the status of resolving the transmission reliability requirement. If MISO has not yet responded regarding one or more EGUs by December 31, 2019, the owner or operator must notify the Agency by January 7, 2020, identifying each EGU still awaiting a response. The owner or operator must update the Agency on the status of either resolving any transmission reliability requirement or receipt of MISO's response by the end of each calendar month until MISO approves the cessation of operation.

C) Within seven days after the permanent cessation of operations of an EGU under this subsection (l), the owner or operator must submit a notification to the Agency identifying the EGU in the MPS Group that has permanently ceased operation, the nameplate capacity of that EGU, and the date the EGU permanently ceased operations.

(Source: Amended at 43 Ill. Reg. 9754, effective August 23, 2019)

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1) Heading of the Part: Video Gaming (General)

2) Code Citation: 11 Ill. Adm. Code 1800

3) Section Numbers: Emergency Actions: 1800.1910 New Section 1800.1920 New Section 1800.1930 New Section 1800.1940 New Section

4) Statutory Authority: Implementing and authorized by Section 78 (b) the Video Gaming Act [230 ILCS 40/78 (b)] as amended by PA 101-31, effective June 28, 2019.

5) Effective Date of Rules: August 19, 2019

6) If this emergency rule is to expire before the end of the 150-day period, please specify the date on which it is to expire: The emergency rules will expire at the end of the 150-day period or upon adoption of permanent rules, whichever comes first.

7) Date Filed with the Index Department: August 19, 2019

8) A copy of the emergency rules, including any material incorporated by reference, is on file in the Illinois Gaming Board's principal office and is available for public inspection.

9) Reason for Emergency: The Illinois Gaming Board is mandated by Section 78 (b) of the Video Gaming Act [230 ILCS 40/78 (b)] to "adopt emergency rules to administer this Act in accordance with Section 5-45 of the Illinois Administrative Procedure Act." The present emergency rulemaking is required to conform the Board's administrative practice to the changes to the Video Gaming Act enacted as part of PA 101-31, effective June 28, 2019.

10) A Complete Description of the Subjects and Issues Involved: This emergency rulemaking implements amendments to the Illinois Gambling Act contained in PA 101- 31, effective June 28, 2019, that change how the Illinois Gaming Board (IGB or Board) obtains independent testing laboratory services. Before the enactment of this legislation, the IGB was required to contract with one or more testing laboratories through the State's procurement process, even though the cost of these services was passed on to the licensees. PA 101-31 provides that upon the finalization of required rules, the IGB "shall license independent testing laboratories and accept the test reports of any independent

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testing laboratory of the video gaming machine's or associated equipment manufacturer's choice, notwithstanding the existence of contracts between the Board and any independent testing laboratory" [230 ILCS 40/15].

11) Are there any other rulemakings pending to this Part? Yes

12) Statement of Statewide Policy Objective: This rulemaking does not create or expand a State mandate under 30 ILCS 805.

13) Information and questions regarding this rulemaking shall be directed to:

Agostino Lorenzini General Counsel Illinois Gaming Board 160 North LaSalle Street Chicago IL 60601

fax: 312/814-7253 [email protected]

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

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TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING SUBTITLE D: VIDEO GAMING CHAPTER I: ILLINOIS GAMING BOARD

PART 1800 VIDEO GAMING (GENERAL)

SUBPART A: GENERAL PROVISIONS Section 1800.110 Definitions 1800.115 Gender 1800.120 Inspection 1800.130 Board Meetings

SUBPART B: DUTIES OF LICENSEES Section 1800.210 General Duties of All Video Gaming Licensees 1800.220 Continuing Duty to Report Information 1800.230 Duties of Licensed Manufacturers 1800.240 Duties of Licensed Distributors 1800.250 Duties of Terminal Operators 1800.260 Duties of Licensed Technicians and Licensed Terminal Handlers 1800.270 Duties of Licensed Video Gaming Locations

SUBPART C: STANDARDS OF CONDUCT FOR LICENSEES Section 1800.310 Grounds for Disciplinary Actions 1800.320 Minimum Standards for Use Agreements 1800.330 Economic Disassociation

SUBPART D: LICENSING QUALIFICATIONS Section 1800.410 Coverage of Subpart 1800.420 Qualifications for Licensure 1800.430 Persons with Significant Influence or Control 1800.440 Undue Economic Concentration

SUBPART E: LICENSING PROCEDURES Section

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1800.510 Coverage of Subpart 1800.520 Applications 1800.530 Submission of Application 1800.540 Application Fees 1800.550 Consideration of Applications by the Board 1800.555 Withdrawal of Applications and Surrender of Licenses 1800.560 Issuance of License 1800.570 Renewal of License 1800.580 Renewal Fees and Dates 1800.590 Death and Change of Ownership of Video Gaming Licensee

SUBPART F: DENIALS OF APPLICATIONS FOR LICENSURE Section 1800.610 Coverage of Subpart 1800.615 Requests for Hearing 1800.620 Appearances 1800.625 Appointment of Administrative Law Judge 1800.630 Discovery 1800.635 Subpoenas 1800.640 Motions for Summary Judgment 1800.650 Proceedings 1800.660 Evidence 1800.670 Prohibition on Ex Parte Communication 1800.680 Sanctions and Penalties 1800.690 Transmittal of Record and Recommendation to the Board 1800.695 Status of Applicant for Licensure Upon Filing Request for Hearing

SUBPART G: DISCIPLINARY ACTIONS AGAINST LICENSEES Section 1800.710 Coverage of Subpart 1800.715 Notice of Proposed Disciplinary Action Against Licensees 1800.720 Hearings in Disciplinary Actions 1800.725 Appearances 1800.730 Appointment of Administrative Law Judge 1800.735 Discovery 1800.740 Subpoenas 1800.745 Motions for Summary Judgment 1800.750 Proceedings 1800.760 Evidence

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1800.770 Prohibition on Ex Parte Communication 1800.780 Sanctions and Penalties 1800.790 Transmittal of Record and Recommendation to the Board 1800.795 Persons Subject to Proposed Orders of Economic Disassociation

SUBPART H: LOCATION OF VIDEO GAMING TERMINALS IN LICENSED VIDEO GAMING LOCATIONS Section 1800.810 Location and Placement of Video Gaming Terminals 1800.815 Licensed Video Gaming Locations Within Malls 1800.820 Measurement of Distances from Locations 1800.830 Waivers of Location Restrictions

SUBPART I: SECURITY INTERESTS Section 1800.910 Approvals Required, Applicability, Scope of Approval 1800.920 Notice of Enforcement of a Security Interest 1800.930 Prior Registration

SUBPART J: TRANSPORTATION, REGISTRATION, AND DISTRIBUTION OF VIDEO GAMING TERMINALS Section 1800.1010 Restriction on Sale, Distribution, Transfer, Supply and Operation of Video Gaming Terminals 1800.1020 Transportation of Video Gaming Terminals into the State 1800.1030 Receipt of Video Gaming Terminals in the State 1800.1040 Transportation of Video Gaming Terminals Between Locations in the State 1800.1050 Approval to Transport Video Gaming Terminals Outside of the State 1800.1060 Placement of Video Gaming Terminals 1800.1065 Registration of Video Gaming Terminals 1800.1070 Disposal of Video Gaming Terminals

SUBPART K: STATE-LOCAL RELATIONS Section 1800.1110 State-Local Relations

SUBPART L: FINGERPRINTING OF APPLICANTS Section 1800.1210 Definitions

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1800.1220 Entities Authorized to Perform Fingerprinting 1800.1230 Qualification as a Livescan Vendor 1800.1240 Fingerprinting Requirements 1800.1250 Fees for Fingerprinting 1800.1260 Grounds for Revocation, Suspension and Denial of Contract

SUBPART M: PUBLIC ACCESS TO INFORMATION Section 1800.1310 Public Requests for Information

SUBPART N: PAYOUT DEVICES AND REQUIREMENTS Section 1800.1410 Ticket Payout Devices 1800.1420 Redemption of Tickets Following Removal or Unavailability of Ticket Payout Devices

SUBPART O: NON-PAYMENT OF TAXES Section 1800.1510 Non-Payment of Taxes

SUBPART P: CENTRAL COMMUNICATIONS SYSTEM Section 1800.1610 Use of Gaming Device or Individual Game Performance Data

SUBPART Q: RESPONSIBLE GAMING Section 1800.1710 Conversations About Responsible Gaming 1800.1720 Responsible Gaming Education Programs 1800.1730 Problem Gambling Registry 1800.1740 Utilization of Technology to Prevent Problem Gambling

SUBPART R: IMPLEMENTATION OF TECHNOLOGY Section 1800.1810 Implementation of Technology

SUBPART S: INDEPENDENT TESTING LABORATORIES

Section 1800.1910 Independent Outside Testing Laboratories

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EMERGENCY 1800.1920 Minimum Duties of an Independent Outside Testing Laboratory EMERGENCY 1800.1930 Testing of Video Gaming Equipment EMERGENCY 1800.1940 Approval of Video Gaming Equipment EMERGENCY

AUTHORITY: Implementing and authorized by the Video Gaming Act [230 ILCS 40].

SOURCE: Adopted by emergency rulemaking at 33 Ill. Reg. 14793, effective October 19, 2009, for a maximum of 150 days; adopted at 34 Ill. Reg. 2893, effective February 22, 2010; emergency amendment at 34 Ill. Reg. 8589, effective June 15, 2010, for a maximum of 150 days; emergency expired November 11, 2010; amended at 35 Ill. Reg. 1369, effective January 5, 2011; emergency amendment at 35 Ill. Reg. 13949, effective July 29, 2011, for a maximum of 150 days; emergency expired December 25, 2011; amended at 36 Ill. Reg. 840, effective January 6, 2012; amended by emergency rulemaking at 36 Ill. Reg. 4150, effective February 29, 2012, for a maximum of 150 days; amended at 36 Ill. Reg. 5455, effective March 21, 2012; amended at 36 Ill. Reg. 10029, effective June 28, 2012; emergency amendment at 36 Ill. Reg. 11492, effective July 6, 2012, for a maximum of 150 days; emergency expired December 2, 2012; emergency amendment at 36 Ill. Reg. 12895, effective July 24, 2012, for a maximum of 150 days; amended at 36 Ill. Reg. 13178, effective July 30, 2012; amended at 36 Ill. Reg. 15112, effective October 1, 2012; amended at 36 Ill. Reg. 17033, effective November 21, 2012; expedited correction at 39 Ill. Reg. 8183, effective November 21, 2012; amended at 36 Ill. Reg. 18550, effective December 14, 2012; amended at 37 Ill. Reg. 810, effective January 11, 2013; amended at 37 Ill. Reg. 4892, effective April 1, 2013; amended at 37 Ill. Reg. 7750, effective May 23, 2013; amended at 37 Ill. Reg. 18843, effective November 8, 2013; emergency amendment at 37 Ill. Reg. 19882, effective November 26, 2013, for a maximum of 150 days; emergency amendment suspended by the Joint Committee on Administrative Rules at 38 Ill. Reg. 3384, effective January 14, 2014; suspension withdrawn at 38 Ill. Reg. 5897; emergency repeal of emergency amendment at 38 Ill. Reg. 7337, effective March 12, 2014, for the remainder of the 150 days; amended at 38 Ill. Reg. 849, effective December 27, 2013; amended at 38 Ill. Reg. 14275, effective June 30, 2014; amended at 38 Ill. Reg. 19919, effective October 2, 2014; amended at 39 Ill. Reg. 5401, effective March 27, 2015; amended at 39 Ill. Reg. 5593, effective April 1, 2015; amended at 40 Ill. Reg. 2952, effective January 27, 2016; amended at 40 Ill. Reg. 8760, effective June 14, 2016; amended at 40 Ill. Reg. 12762, effective August 19, 2016; amended at 40 Ill. Reg. 15131, effective October 18, 2016; emergency amendment at 41 Ill. Reg. 2696, effective February 7, 2017, for a maximum of 150 days; amended at 41 Ill. Reg. 2939, effective February 24, 2017; amended at 41 Ill. Reg. 4499, effective April 14, 2017; amended at 41 Ill. Reg. 10300, effective July 13, 2017; amended

ILLINOIS REGISTER 9795 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS at 42 Ill. Reg. 3126, effective February 2, 2018; amended at 42 Ill. Reg. 3735, effective February 6, 2018; emergency amendment at 43 Ill. Reg. 9261, effective August 13, 2019, for a maximum of 150 days; emergency amendment at 43 Ill. Reg. 9788, effective August 19, 2019, for a maximum of 150 days.

SUBPART S: INDEPENDENT TESTING LABORATORIES

Section 1800.1910 Independent Outside Testing Laboratories EMERGENCY

a) Any independent outside testing laboratory that holds an accreditation in accordance with ISO/IEC 17025 by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement and is authorized to perform independent testing laboratory services in a gaming jurisdiction similar to Illinois is licensed to perform independent testing laboratory services in Illinois, subject to the requirements of this Subpart.

b) A "gaming jurisdiction similar to Illinois" means either:

1) A jurisdiction that permits, in various locations throughout that jurisdiction, patrons to wager on an electronic device that includes the following features:

A) Connection to a central monitoring system operated by a regulatory body or agent thereof that records the gaming activity of the electronic device;

B) The patron is capable of winning additional credits or wagers;

C) The outcome of the wager is dependent upon a random event; or

2) Any jurisdiction deemed similar by the Administrator.

c) Any independent outside testing laboratory may apply for licensure under the Act by submitting its accreditations and the jurisdictions in which it is authorized to perform independent testing laboratory services to the Administrator.

ILLINOIS REGISTER 9796 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

d) The Administrator shall determine whether the jurisdictions in which the applicant independent outside testing laboratory is licensed to perform independent testing laboratory services is a gaming jurisdiction similar to Illinois.

e) The Administrator will provide a written determination as to whether the applicant independent outside testing laboratory meets the criteria in subsection (a). If the applicant independent outside testing laboratory meets the criteria, that the applicant will be licensed.

f) If the Administrator determines that the applicant independent outside testing laboratory does not meet the criteria in subsection (a), the applicant may seek a determination by the Board by requesting such in writing with 21 days of the date of service of the Administrator's determination.

(Source: Added by emergency rulemaking at 43 Ill. Reg. 9788, effective August 19, 2019, for a maximum of 150 days)

Section 1800.1920 Minimum Duties of an Independent Outside Testing Laboratory EMERGENCY

a) As a condition of licensure, a licensed independent outside testing laboratory is obligated to do the following:

1) Provide to the Board twenty-four hours per day, seven days per week, support contacts whom Board staff and licensees may contact.

2) Provide written reports, electronically in a manner prescribed by the Administrator, regarding video gaming equipment testing and test results, which include, at a minimum:

A) All testing performed;

B) A description of the product tested;

C) The unique identification code or signature, as approved by the Administrator, assigned to the product;

D) A secure hash using a function designated by the Administrator;

ILLINOIS REGISTER 9797 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

E) A list of payables or other settings on the tested product, if applicable;

F) A description of the modifications between the tested product and previous versions of the tested product, if applicable; and

G) A list of components with which the product was verified to be compatible.

3) Provide the Board and its staff with real-time online access to all video gaming equipment testing reports and documents via secure communication protocol and allow the Board to view updated reports of all pending, approved, obsolete and revoked video gaming equipment.

4) Disclose all locations of any laboratory or factory at which independent outside testing services may be conducted. Upon request of the Board, the licensed independent outside testing laboratory must reimburse the Board for all travel costs incurred by up to two employees to inspect each laboratory or facility annually.

5) Assign a unique identification code or signature, as approved by the Administrator, and a secure hash using a function designated by the Administrator to all Critical Program Storage Media upon testing.

6) Conduct its operations in accordance with Section 1800.210. b) In addition to the violations listed in Section 1800.310, any violation of the requirements of subsection (a) may result in discipline in accordance with Section 1800.310. c) Any licensed independent outside testing laboratory that fails to maintain its accreditation in accordance with ISO/IEC 17025 by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement, or is no longer authorized to perform independent testing laboratory services in at least one gaming jurisdiction similar to Illinois, shall have its license suspended until such time as the independent outside testing laboratory reobtains its qualifications.

ILLINOIS REGISTER 9798 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

(Source: Added by emergency rulemaking at 43 Ill. Reg. 9788, effective August 19, 2019, for a maximum of 150 days)

Section 1800.1930 Testing Video Gaming Equipment EMERGENCY

The Administrator shall develop and publish technical standards against which all independent outside testing laboratories must test any video gaming equipment for compliance. The independent outside testing laboratory shall provide a report of the testing results to the Administrator. The report shall include the following:

a) The extent to which the video gaming equipment meets the published technical standards;

b) Whether the video gaming equipment meets the Act and the Board's rules; and

c) Any additional information that the Board has requested the independent outside testing laboratory to provide.

(Source: Added by emergency rulemaking at 43 Ill. Reg. 9788, effective August 19, 2019, for a maximum of 150 days)

Section 1800.1940 Approval of Video Gaming Equipment EMERGENCY

a) Before being offered for play, all video gaming equipment must be approved by the Administrator.

b) All video gaming equipment must be tested by an independent outside testing laboratory before the Administrator will review such video gaming equipment.

c) Request for Approval.

1) Any licensee seeking approval of any piece of video gaming equipment must initiate its request by submitting that piece of video gaming equipment to a licensed independent outside testing laboratory. The licensee must provide all equipment and information to the independent outside testing laboratory as deemed necessary by the Board.

ILLINOIS REGISTER 9799 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

2) Each licensed independent outside testing laboratory must notify the Administrator upon receipt of any request to test video gaming equipment for approval in Illinois in a manner prescribed by the Administrator. The notification shall, at minimum:

A) Identify the licensee seeking approval of the video gaming equipment;

B) Describe the product seeking approval;

C) Indicate the date on which the request was received; and

D) Include a unique identification code or signature as approved by the Administrator for Critical Program Storage Media and any other program that the Board deems necessary;

3) The independent outside testing laboratory shall submit a written report in accordance with Section 1800.1920(a)(2) after completing the testing.

4) The Administrator may request additional information from either the licensee or the licensed independent outside testing laboratory.

5) The Administrator may require additional testing, including by one or more additional licensed independent outside testing laboratories. d) Approvals

1) The Administrator will review the request to approve video gaming equipment after the testing report and all other requested information has been received.

2) In making the determination, the Administrator shall consider the following:

A) The minimum criteria established in Section 15 of the Act;

B) The extent to which the video gaming equipment meets the technical standards that the independent outside testing laboratory must test; and

ILLINOIS REGISTER 9800 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

C) Whether approving the video gaming equipment would jeopardize the integrity and security of video gaming in the State.

3) If the video gaming equipment is approved, the Administrator will make his or her approval available electronically.

4) If the video gaming equipment is denied, the Administrator shall notify the licensee in writing. The Administrator's determination is a final Board order.

5) The Administrator may revoke any approval at his or her sole discretion, upon written notice to the licensee.

(Source: Added by emergency rulemaking at 43 Ill. Reg. 9788, effective August 19, 2019, for a maximum of 150 days)

ILLINOIS REGISTER 9801 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

1) Heading of the Part: Riverboat Gambling

2) Code Citation: 86 Ill. Adm. Code 3000

3) Section Numbers: Emergency Actions: 3000.287 New Section 3000.288 New Section

4) Statutory Authority: Implementing and authorized by Section 5 (c) (2), (3) and (6) of the Illinois Gambling Act as amended by PA 101-31, effective June 28, 2019.

5) Effective Date of Rules: August 23, 2019

6) If these emergency rules are to expire before the end of the 150-day period, please specify the date on which they are to expire: The emergency amendments will expire at the end of the 150-day period or upon adoption of permanent rules, whichever comes first.

7) Date Filed with the Index Department: August 23, 2019

8) A copy of the emergency rules, including any material incorporated by reference, is on file in the Illinois Gaming Board's principal office and is available for public inspection.

9) Reason for Emergency: Section 5-45 of the Illinois Administrative Procedure Act authorizes an emergency rulemaking when there exists any situation that an Agency finds reasonably constitutes a threat to the public interest, safety, or welfare. Independent outside testing laboratories are an essential component of gaming activities as authorized by the Illinois Gambling Act [230 ILCS 10/40]. They are necessary to ensure the proper functioning of games, gaming machines and gaming systems. PA 101-31, effective immediately as of June 28, 2019, ended the previous process under which independent testing laboratories were selected through the State's procurement process. In place of this procurement process, PA 101-31 provided for the licensing of game testing laboratories by the Illinois Gaming Board. Currently, there is an emergency procurement in place under whose terms Gaming Laboratories International is the sole game testing laboratory for owners licensees under the Illinois Gambling Act. The present emergency rulemaking is urgently needed to begin the new licensing system for game testing laboratories in conformity with PA 101-31 before the emergency procurement expires on December 20, 2019.

ILLINOIS REGISTER 9802 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

10) A Complete Description of the Subjects and Issues Involved: This rulemaking implements a provision in PA 101-31 that amends the Illinois Gambling Act by changing the way the Board obtains independent testing laboratory services. Despite the fact that the cost of these services was passed on to the licensees, the IGB was required before the enactment of this public act to contract with one or more testing labs through the State's procurement process. Pursuant to new statutory language contained in Section 5 (a) (7.5) of the Illinois Gambling Act, the rulemaking provides that any independent outside testing laboratory that holds an accreditation in accordance with ISO/IEC 17025 by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement, and is authorized to perform independent testing laboratory services in a gaming jurisdiction similar to Illinois, is licensed to perform independent testing laboratory services in Illinois. The rulemaking establishes licensing criteria, application procedures, and duties of a licensed independent testing laboratory.

11) Are there any other rulemakings pending to this Part? No

12) Statement of Statewide Policy Objective: This rulemaking does not create or expand a State mandate under 30 ILCS 805.

13) Information and questions regarding these emergency rules shall be directed to:

Agostino Lorenzini General Counsel Illinois Gaming Board 160 North LaSalle Street Chicago IL 60601

fax: 312/814-7253 [email protected]

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

ILLINOIS REGISTER 9803 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

TITLE 86: REVENUE CHAPTER IV: ILLINOIS GAMING BOARD

PART 3000 RIVERBOAT GAMBLING

SUBPART A: GENERAL PROVISIONS

Section 3000.100 Definitions 3000.101 Invalidity 3000.102 Public Inquiries 3000.103 Organization of the Illinois Gaming Board 3000.104 Rulemaking Procedures 3000.105 Board Meetings 3000.110 Disciplinary Actions 3000.115 Records Retention 3000.120 Place to Submit Materials 3000.130 No Opinion or Approval of the Board 3000.140 Duty to Disclose Changes in Information 3000.141 Applicant/Licensee Disclosure of Agents 3000.150 Owner's and Supplier's Duty to Investigate 3000.155 Investigatory Proceedings 3000.160 Duty to Report Misconduct 3000.161 Communication with Other Agencies 3000.165 Participation in Games by Owners, Directors, Officers, Key Persons or Gaming Employees 3000.170 Fair Market Value of Contracts 3000.180 Weapons on Riverboat

SUBPART B: LICENSES

Section 3000.200 Classification of Licenses 3000.210 Fees and Bonds 3000.220 Applications 3000.221 Other Required Forms 3000.222 Identification and Requirements of Key Persons 3000.223 Disclosure of Ownership and Control

ILLINOIS REGISTER 9804 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

3000.224 Economic Disassociation 3000.225 Business Entity and Personal Disclosure Filings 3000.230 Owner's Licenses 3000.231 Distributions 3000.232 Undue Economic Concentration 3000.234 Acquisition of Ownership Interest By Institutional Investors 3000.235 Transferability of Ownership Interest 3000.236 Owner's License Renewal 3000.237 Renewed Owner's Licenses, Term and Restrictions 3000.238 Appointment of Receiver for an Owner's License 3000.240 Supplier's Licenses 3000.241 Renewal of Supplier's License 3000.242 Amendment to Supplier's Product List 3000.243 Bankruptcy or Change in Ownership of Supplier 3000.244 Surrender of Supplier's License 3000.245 Occupational Licenses 3000.250 Transferability of Licenses 3000.260 Waiver of Requirements 3000.270 Certification and Registration of Electronic Gaming Devices 3000.271 Analysis of Questioned Electronic Gaming Devices 3000.272 Certification of Voucher Systems 3000.280 Registration of All Gaming Devices 3000.281 Transfer of Registration (Repealed) 3000.282 Seizure of Gaming Devices (Repealed) 3000.283 Analysis of Questioned Electronic Gaming Devices (Repealed) 3000.284 Disposal of Gaming Devices 3000.285 Certification and Registration of Voucher Validation Terminals 3000.286 Contracting Goals for Owners Licensees 3000.287 Independent Outside Testing Laboratories EMERGENCY 3000.288 Minimum Duties of Independent Outside Testing Laboratories EMERGENCY

SUBPART C: OWNER'S INTERNAL CONTROL SYSTEM

Section 3000.300 General Requirements – Internal Control System 3000.310 Approval of Internal Control System 3000.320 Minimum Standards for Internal Control Systems

ILLINOIS REGISTER 9805 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

3000.330 Review of Procedures (Repealed) 3000.340 Operating Procedures (Repealed) 3000.350 Modifications (Repealed)

SUBPART D: HEARINGS ON NOTICE OF DENIAL, RESTRICTION OF LICENSE, PLACEMENT ON BOARD EXCLUSION LIST OR REMOVAL FROM BOARD EXCLUSION LIST OR SELF-EXCLUSION LIST

Section 3000.400 Coverage of Subpart 3000.405 Requests for Hearings 3000.410 Appearances 3000.415 Discovery 3000.420 Motions for Summary Judgment 3000.424 Subpoena of Witnesses 3000.425 Proceedings 3000.430 Evidence 3000.431 Prohibition on Ex Parte Communication 3000.435 Sanctions and Penalties 3000.440 Transmittal of Record and Recommendation to the Board 3000.445 Status of Applicant for Licensure or Transfer Upon Filing Request for Hearing

SUBPART E: CRUISING

Section 3000.500 Riverboat Cruises 3000.510 Cancelled or Disrupted Cruises

SUBPART F: CONDUCT OF GAMING

Section 3000.600 Wagering Only with Electronic Credits, Approved Chips, Tokens and Electronic Cards 3000.602 Disposition of Unauthorized Winnings 3000.605 Authorized Games 3000.606 Gaming Positions 3000.610 Publication of Rules and Payout Ratio for Live Gaming Devices 3000.614 Tournaments, Enhanced Payouts and Give-aways 3000.615 Payout Percentage for Electronic Gaming Devices

ILLINOIS REGISTER 9806 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

3000.616 Cashing-In 3000.620 Submission of Chips for Review and Approval 3000.625 Chip Specifications 3000.630 Primary, Secondary and Reserve Sets of Gaming Chips 3000.631 Tournament Chips 3000.635 Issuance and Use of Tokens for Gaming 3000.636 Distribution of Coupons for Complimentary Chips, Tokens, Vouchers, Cash and Electronic Credits 3000.640 Exchange of Chips, Tokens, and Vouchers 3000.645 Receipt of Gaming Chips or Tokens from Manufacturer or Distributor 3000.650 Inventory of Chips 3000.655 Destruction of Chips, Tokens, and Vouchers 3000.660 Minimum Standards for Electronic Gaming Devices 3000.661 Minimum Standards for Voucher Systems 3000.665 Integrity of Electronic Gaming Devices 3000.666 Bill Validator Requirements 3000.667 Integrity of Voucher Systems 3000.670 Computer Monitoring Requirements of Electronic Gaming Devices 3000.671 Computer Monitoring Requirements of Voucher Systems

SUBPART G: EXCLUSION OF PERSONS

Section 3000.700 Organization of Subpart 3000.701 Duty to Exclude 3000.705 Voluntary Self-Exclusion Policy (Repealed) 3000.710 Distribution and Availability of Board Exclusion List 3000.720 Criteria for Exclusion or Ejection and Placement on the Board Exclusion List 3000.725 Duty of Licensees 3000.730 Procedure for Entry of Names 3000.740 Petition for Removal from the Board Exclusion List 3000.745 Voluntary Self-Exclusion Policy 3000.750 Establishment of a Self-Exclusion List 3000.751 Locations to Execute Self-Exclusion Forms 3000.755 Information Required for Placement on the Self-Exclusion List 3000.756 Stipulated Sanctions for Failure to Adhere to Voluntary Self-Exclusion 3000.760 Distribution and Availability of Confidential Self-Exclusion List 3000.770 Duties of Licensees 3000.780 Request for Removal from the IGB Self-Exclusion List

ILLINOIS REGISTER 9807 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

3000.782 Required Information, Recommendations, Forms and Interviews 3000.785 Appeal of a Notice of Denial of Removal 3000.786 Duties of Owner Licensees to Persons Removed from the Self-Exclusion List 3000.787 Placement on the Self-Exclusion List Following Removal 3000.790 Duties of the Board

SUBPART H: SURVEILLANCE AND SECURITY

Section 3000.800 Required Surveillance Equipment 3000.810 Riverboat and Board Surveillance Room Requirements 3000.820 Segregated Telephone Communication 3000.830 Surveillance Logs 3000.840 Storage and Retrieval 3000.850 Dock Site Board Facility 3000.860 Maintenance and Testing

SUBPART I: LIQUOR LICENSES

Section 3000.900 Liquor Control Commission 3000.910 Liquor Licenses 3000.920 Disciplinary Action 3000.930 Hours of Sale

SUBPART J: OWNERSHIP AND ACCOUNTING RECORDS AND PROCEDURES

Section 3000.1000 Ownership Records 3000.1010 Accounting Records 3000.1020 Standard Financial and Statistical Records 3000.1030 Annual and Special Audits and Other Reporting Requirements 3000.1040 Accounting Controls Within the Cashier's Cage 3000.1050 Procedures for Exchange of Checks Submitted by Gaming Patrons and Granting Credit 3000.1060 Handling of Cash at Gaming Tables 3000.1070 Tips or Gratuities 3000.1071 Admission Tax and Wagering Tax 3000.1072 Cash Reserve Requirements

ILLINOIS REGISTER 9808 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

SUBPART K: SEIZURE AND DISCIPLINARY HEARINGS

Section 3000.1100 Coverage of Subpart 3000.1105 Duty to Maintain Suitability 3000.1110 Board Action Against License or Licensee 3000.1115 Complaint 3000.1120 Appearances 3000.1125 Answer 3000.1126 Appointment of Hearing Officer 3000.1130 Discovery 3000.1135 Motions for Summary Disposition 3000.1139 Subpoena of Witnesses 3000.1140 Proceedings 3000.1145 Evidence 3000.1146 Prohibition of Ex Parte Communication 3000.1150 Sanctions and Penalties 3000.1155 Transmittal of Record and Recommendation to the Board

AUTHORITY: Implementing and authorized by the Riverboat Gambling Act [230 ILCS 10].

SOURCE: Emergency rule adopted at 15 Ill. Reg. 11252, effective August 5, 1991, for a maximum of 150 days; adopted at 15 Ill. Reg. 18263, effective December 10, 1991; amended at 16 Ill. Reg. 13310, effective August 17, 1992; amended at 17 Ill. Reg. 11510, effective July 9, 1993; amended at 20 Ill. Reg. 5814, effective April 9, 1996; amended at 20 Ill. Reg. 6280, effective April 22, 1996; emergency amendment at 20 Ill. Reg. 8051, effective June 3, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 14765, effective October 31, 1996; amended at 21 Ill. Reg. 4642, effective April 1, 1997; emergency amendment at 21 Ill. Reg. 14566, effective October 22, 1997, for a maximum of 150 days; emergency amendment at 22 Ill. Reg. 978, effective December 29, 1997, for a maximum of 150 days; amended at 22 Ill. Reg. 4390, effective February 20, 1998; amended at 22 Ill. Reg. 10449, effective May 27, 1998; amended at 22 Ill. Reg. 17324, effective September 21, 1998; amended at 22 Ill. Reg. 19541, effective October 23, 1998; emergency amendment at 23 Ill. Reg. 8191, effective July 2, 1999 for a maximum of 150 days; emergency expired November 28, 1999; amended at 23 Ill. Reg. 8996, effective August 2, 1999; amended at 24 Ill. Reg. 1037, effective January 10, 2000; amended at 25 Ill. Reg. 94, effective January 8, 2001; amended at 25 Ill. Reg. 13292, effective October 5, 2001; proposed amended at 26 Ill. Reg. 9307, effective June 14, 2002; emergency amendment adopted at 26 Ill. Reg. 10984, effective July 1, 2002, for a maximum of 150 days; adopted at 26

ILLINOIS REGISTER 9809 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

Ill. Reg. 15296, effective October 11, 2002; amended at 26 Ill. Reg. 17408, effective November 22, 2002; emergency amendment at 27 Ill. Reg. 10503, effective June 30, 2003, for a maximum of 150 days; amended at 27 Ill. Reg. 15793, effective September 25, 2003; amended at 27 Ill. Reg. 18595, effective November 25, 2003; amended at 28 Ill. Reg. 12824, effective August 31, 2004; amended at 31 Ill. Reg. 8098, effective June 14, 2007; amended at 32 Ill. Reg. 2967, effective February 15, 2008; amended at 32 Ill. Reg. 3275, effective February 19, 2008; amended at 32 Ill. Reg. 7357, effective April 28, 2008; amended at 32 Ill. Reg. 8592, effective May 29, 2008; amended at 32 Ill. Reg. 8931, effective June 4, 2008; amended at 32 Ill. Reg. 13200, effective July 22, 2008; amended at 32 Ill. Reg. 17418, effective October 23, 2008; amended at 32 Ill. Reg. 17759, effective October 28, 2008; amended at 32 Ill. Reg. 17946, effective November 5, 2008; amended at 34 Ill. Reg. 3285, effective February 26, 2010; amended at 34 Ill. Reg. 3748, effective March 11, 2010; amended at 34 Ill. Reg. 4768, effective March 16, 2010; amended at 34 Ill. Reg. 5200, effective March 24, 2010; amended at 34 Ill. Reg. 15386, effective September 23, 2010; amended at 36 Ill. Reg. 13199, effective July 31, 2012; amended at 37 Ill. Reg. 12050, effective July 9, 2013; amended at 37 Ill. Reg. 18255, effective November 1, 2013; amended at 38 Ill. Reg. 2808, effective January 8, 2014; amended at 38 Ill. Reg. 21471, effective October 29, 2014; amended at 39 Ill. Reg. 4362, effective March 10, 2015; amended at 39 Ill. Reg. 12312, effective August 18, 2015; amended at 40 Ill. Reg. 12776, effective August 19, 2016; amended at 41 Ill. Reg. 380, effective December 29, 2016; amended at 41 Ill. Reg. 12840, effective September 28, 2017; emergency amendment at 43 Ill. Reg. 9801, effective August 23, 2019, for a maximum of 150 days.

SUBPART B: LICENSES

Section 3000.287 Independent Outside Testing Laboratories EMERGENCY

b) A "gaming jurisdiction similar to Illinois" means either:

1) A jurisdiction that permits casino operations; or

2) Any jurisdiction deemed similar by the Administrator.

ILLINOIS REGISTER 9810 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

c) Any independent outside testing laboratory may apply by submitting to the Administrator its accreditations and the jurisdictions in which it is authorized to perform independent testing laboratory services.

e) The Administrator shall provide a written determination whether the applicant independent outside testing laboratory meets the criteria in subsection (a).

f) If the Administrator determines that the applicant independent outside testing laboratory does not meet the criteria in subsection (a), the applicant may seek a determination by the Board by requesting it in writing within 21 days of the date of service of the Administrator's determination.

(Source: Added by emergency rulemaking at 43 Ill. Reg. 9801, effective August 23, 2019, for a maximum of 150 days)

Section 3000.288 Minimum Duties of Independent Outside Testing Laboratories EMERGENCY

a) As a condition of licensure, a licensed independent outside testing laboratory is obligated to do the following:

1) Provide support contacts to the Board who are available 24 hours per day, seven days per week; and

2) Provide written reports regarding casino testing and test results submitted, which include, at a minimum:

A) All testing performed;

B) A description of the products tested;

C) The unique identification code or signature, as approved by the Administrator, assigned to the product;

ILLINOIS REGISTER 9811 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS

D) A secure hash using a function designated by the Administrator;

E) A list of pay tables or other settings on the tested product, if applicable;

F) A description of the modifications between the tested product and previous versions of the tested product, if applicable; and

G) A list of components with which the product was verified to be compatible.

3) Provide the Board and its staff with real-time online access to all casino testing services, reports and documents via secure communication protocol and allow the Board to view updated reports of all pending, approved, obsolete, and revoked video gaming terminals.

4) Disclose all locations of any laboratory or factory at which independent outside testing services may be conducted. Upon request of the Board, the licensed independent outside testing laboratory shall reimburse the Board for all travel costs incurred by up to two Board employees to inspect each laboratory or facility annually.

6) Conduct its operations in a manner that does not reflect adversely on the security or integrity of gaming in the State of Illinois;

7) Conduct its operations in a manner that deals fairly with other licensees of the Board;

8) Conduct its operations in accordance with Section 3000.110. b) In addition to the violations in Section 3000.110, any violation of the requirements of this section may result in discipline in accordance with Section 3000.110.

ILLINOIS REGISTER 9812 19 ILLINOIS GAMING BOARD

NOTICE OF EMERGENCY AMENDMENTS c) Any licensed independent outside testing laboratory that fails to maintain its accreditation in accordance with ISO/IEC 17025 by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement or is no longer authorized to perform independent testing laboratory services in at least one gaming jurisdiction similar to Illinois shall have its license suspended until such time as the independent outside testing laboratory reobtains its qualifications.

(Source: Added by emergency rulemaking at 43 Ill. Reg. 9801, effective August 23, 2019, for a maximum of 150 days)

ILLINOIS REGISTER 9813 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

1) Heading of the Part: Hospital Services

2) Code Citation: 89 Ill. Adm. Code 148

3) Section Number: Emergency Action: 148.140 Amendment

4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13]

5) Effective Date of Rule: August 26, 2019

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: Upon adoption of the proposed general rulemaking.

7) Date Filed with the Index Department: August 26, 2019

8) A copy of the emergency rule, including any materials incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: PA 100-1181 corrects the hospital payment methodologies for the medical assistance program found at 305 ILCS 5/14-12 and created by PA 100-581. PA 100-1181 also and grants the Department emergency rulemaking authority pursuant to 5 ILCS 100/5-45(ee) and 305 ILCS 5/5A-13(d) to provide for the expeditious and timely implementation of the changes to Article 14 of the Illinois Public Aid Code. This timely implementation of the federally approved payment methodologies ensures hospital providers will continue to be reimbursed for the services they provide medical assistance recipients.

10) Complete Description of the Subjects and Issues Involved: This amendment increases the outpatient services statewide-standardized amount for each Critical Access Hospital by 23% and implements a corresponding decrease to the outpatient services statewide- standardized amount for non-Critical Access Hospitals pursuant to PA 100-1181.

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

12) Statement of Statewide Policy Objective: This emergency rulemaking does not affect units of local government.

13) Information and questions regarding this emergency rule shall be directed to:

ILLINOIS REGISTER 9814 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

Christopher Gange Acting General Counsel Illinois Department of Healthcare and Family Services 201 South Grand Avenue E., 3rd Floor Springfield IL 62763-0002

[email protected]

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

ILLINOIS REGISTER 9815 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

TITLE 89: SOCIAL SERVICES CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES SUBCHAPTER d: MEDICAL PROGRAMS

PART 148 HOSPITAL SERVICES

SUBPART A: GENERAL PROVISIONS

Section 148.10 Hospital Services 148.20 Participation 148.25 Definitions and Applicability 148.30 General Requirements 148.40 Special Requirements 148.50 Covered Hospital Services 148.60 Services Not Covered as Hospital Services 148.70 Limitation On Hospital Services

SUBPART B: REIMBURSEMENT AND RELATED PROVISIONS

Section 148.80 Organ Transplants Services Covered Under Medicaid (Repealed) 148.82 Organ Transplant Services 148.85 Supplemental Tertiary Care Adjustment Payments (Repealed) 148.90 Medicaid Inpatient Utilization Rate (MIUR) Adjustment Payments (Repealed) 148.95 Medicaid Outpatient Utilization Rate (MOUR) Adjustment Payments (Repealed) 148.100 County Trauma Center Adjustment Payments 148.103 Outpatient Service Adjustment Payments (Repealed) 148.105 Reimbursement Methodologies for Inpatient Rehabilitation Services 148.110 Reimbursement Methodologies for Inpatient Psychiatric Services 148.112 Medicaid High Volume Adjustment Payments 148.115 Reimbursement Methodologies for Long Term Acute Care Services 148.116 Reimbursement Methodologies for Children's Specialty Hospitals 148.117 Outpatient Assistance Adjustment Payments 148.120 Disproportionate Share Hospital (DSH) Adjustments 148.122 Medicaid Percentage Adjustments 148.126 Safety Net Adjustment Payments 148.130 Outlier Adjustments for Exceptionally Costly Stays

ILLINOIS REGISTER 9816 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

148.140 Hospital Outpatient and Clinic Services EMERGENCY 148.150 Public Law 103-66 Requirements 148.160 Payment Methodology for County-Owned Large Public Hospitals 148.170 Payment Methodology for University-Owned Large Public Hospitals 148.175 Supplemental Disproportionate Share Payment Methodology for Hospitals Organized Under the Town Hospital Act (Repealed) 148.180 Payment for Pre-operative Days and Patient Specific Orders 148.190 Copayments 148.200 Alternate Reimbursement Systems (Repealed) 148.210 Filing Cost Reports 148.220 Pre September 1, 1991, Admissions (Repealed) 148.230 Admissions Occurring on or after September 1, 1991 (Repealed) 148.240 Utilization Review and Furnishing of Inpatient Hospital Services Directly or Under Arrangements 148.250 Determination of Alternate Payment Rates to Certain Exempt Hospitals (Repealed) 148.260 Calculation and Definitions of Inpatient Per Diem Rates (Repealed) 148.270 Determination of Alternate Cost Per Diem Rates For All Hospitals; Payment Rates for Certain Exempt Hospital Units; and Payment Rates for Certain Other Hospitals (Repealed) 148.280 Reimbursement Methodologies for Children's Hospitals and Hospitals Reimbursed Under Special Arrangements (Repealed) 148.285 Excellence in Academic Medicine Payments (Repealed) 148.290 Adjustments and Reductions to Total Payments 148.295 Critical Hospital Adjustment Payments 148.296 Transitional Supplemental Payments 148.297 Physician Development Incentive Payments 148.298 Pediatric Inpatient Adjustment Payments (Repealed) 148.299 Medicaid Facilitation and Utilization Payments 148.300 Payment 148.310 Review Procedure 148.320 Alternatives (Repealed) 148.330 Exemptions 148.340 Subacute Alcoholism and Substance Abuse Treatment Services 148.350 Definitions (Repealed) 148.360 Types of Subacute Alcoholism and Substance Abuse Treatment Services (Repealed) 148.368 Volume Adjustment (Repealed)

ILLINOIS REGISTER 9817 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

148.370 Payment for Sub-acute Alcoholism and Substance Abuse Treatment Services 148.380 Rate Appeals for Subacute Alcoholism and Substance Abuse Treatment Services (Repealed) 148.390 Hearings 148.400 Special Hospital Reporting Requirements 148.401 Alzheimer's Treatment Access Payment 148.402 Expensive Drugs and Devices Add-On Payment 148.403 General Provisions – Inpatient 148.404 General Provisions − Outpatient 148.405 Graduate Medical Education (GME) Payment 148.406 Graduate Medical Education (GME) Payment for Large Public Hospitals 148.407 Medicaid High Volume Hospital Access Payment 148.408 Inpatient Simulated Base Rate Adjustment 148.409 Inpatient Small Public Hospital Access Payment 148.410 Long-Term Acute Care Access Payment 148.411 Medicaid Dependent Hospital Access Payment 148.412 Outpatient Simulated Base Rate Adjustment 148.413 Outpatient Small Public Hospital Access Payment 148.414 Perinatal and Rural Care Access Payment 148.415 Perinatal and Trauma Center Access Payment 148.416 Perinatal Care Access Payment 148.417 Psychiatric Care Access Payment for Distinct Part Units 148.418 Psychiatric Care Access Payment for Freestanding Psychiatric Hospitals 148.419 Safety-Net Hospital, Private Critical Access Hospital, and Outpatient High Volume Access Payments 148.420 Trauma Care Access Payment 148.422 Outpatient Access Payments (Repealed) 148.424 Outpatient Utilization Payments (Repealed) 148.426 Outpatient Complexity of Care Adjustment Payments (Repealed) 148.428 Rehabilitation Hospital Adjustment Payments (Repealed) 148.430 Perinatal Outpatient Adjustment Payments (Repealed) 148.432 Supplemental Psychiatric Adjustment Payments (Repealed) 148.434 Outpatient Community Access Adjustment Payments (Repealed) 148.436 Long Term Stay Hospital Per Diem Payments (Repealed) 148.440 High Volume Adjustment Payments (Repealed) 148.442 Inpatient Services Adjustment Payments (Repealed) 148.444 Capital Needs Payments (Repealed) 148.446 Obstetrical Care Payments (Repealed) 148.448 Trauma Care Payments (Repealed)

ILLINOIS REGISTER 9818 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

148.450 Supplemental Tertiary Care Payments (Repealed) 148.452 Crossover Care Payments (Repealed) 148.454 Magnet Hospital Payments (Repealed) 148.456 Ambulatory Procedure Listing Increase Payments (Repealed) 148.458 General Provisions (Repealed) 148.460 Catastrophic Relief Payments (Repealed) 148.462 Hospital Medicaid Stimulus Payments (Repealed) 148.464 General Provisions (Repealed) 148.466 Magnet and Perinatal Hospital Adjustment Payments (Repealed) 148.468 Trauma Level II Hospital Adjustment Payments (Repealed) 148.470 Dual Eligible Hospital Adjustment Payments (Repealed) 148.472 Medicaid Volume Hospital Adjustment Payments (Repealed) 148.474 Outpatient Service Adjustment Payments (Repealed) 148.476 Ambulatory Service Adjustment Payments (Repealed) 148.478 Specialty Hospital Adjustment Payments (Repealed) 148.480 ER Safety Net Payments (Repealed) 148.482 Physician Supplemental Adjustment Payments (Repealed) 148.484 Freestanding Children's Hospital Adjustment Payments (Repealed) 148.486 Freestanding Children's Hospital Outpatient Adjustment Payments (Repealed)

SUBPART C: SEXUAL ASSAULT EMERGENCY TREATMENT PROGRAM

Section 148.500 Definitions 148.510 Reimbursement

SUBPART D: STATE CHRONIC RENAL DISEASE PROGRAM Section 148.600 Definitions 148.610 Scope of the Program 148.620 Assistance Level and Reimbursement 148.630 Criteria and Information Required to Establish Eligibility 148.640 Covered Services

SUBPART E: INSTITUTION FOR MENTAL DISEASES PROVISIONS FOR HOSPITALS

Section 148.700 General Provisions

ILLINOIS REGISTER 9819 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

SUBPART F: EMERGENCY PSYCHIATRIC DEMONSTRATION PROGRAM

Section 148.800 General Provisions 148.810 Definitions 148.820 Individual Eligibility for the Program 148.830 Providers Participating in the Program 148.840 Stabilization and Discharge Practices 148.850 Medication Management 148.860 Community Connect IMD Hospital Payment 148.870 Community Connect TCM Agency Payment 148.880 Program Reporting

148.TABLE A Renal Participation Fee Worksheet 148.TABLE B Bureau of Labor Statistics Equivalence 148.TABLE C List of Metropolitan Counties by SMSA Definition

AUTHORITY: Implementing and authorized by Articles III, IV, V and VI and Section 12-13 of the Illinois Public Aid Code [305 ILCS 5].

SOURCE: Sections 148.10 thru 148.390 recodified from 89 Ill. Adm. Code 140.94 thru 140.398 at 13 Ill. Reg. 9572; Section 148.120 recodified from 89 Ill. Adm. Code 140.110 at 13 Ill. Reg. 12118; amended at 14 Ill. Reg. 2553, effective February 9, 1990; emergency amendment at 14 Ill. Reg. 11392, effective July 1, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 15358, effective September 13, 1990; amended at 14 Ill. Reg. 16998, effective October 4, 1990; amended at 14 Ill. Reg. 18293, effective October 30, 1990; amended at 14 Ill. Reg. 18499, effective November 8, 1990; emergency amendment at 15 Ill. Reg. 10502, effective July 1, 1991, for a maximum of 150 days; emergency expired October 29, 1991; emergency amendment at 15 Ill. Reg. 12005, effective August 9, 1991, for a maximum of 150 days; emergency expired January 6, 1992; emergency amendment at 15 Ill. Reg. 16166, effective November 1, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 18684, effective December 23, 1991; amended at 16 Ill. Reg. 6255, effective March 27, 1992; emergency amendment at 16 Ill. Reg. 11335, effective June 30, 1992, for a maximum of 150 days; emergency expired November 27, 1992; emergency amendment at 16 Ill. Reg. 11942, effective July 10, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 14778, effective October 1, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 19873, effective December 7, 1992; amended at 17 Ill. Reg. 131, effective December 21, 1992; amended at 17 Ill. Reg. 3296, effective March 1, 1993; amended at 17 Ill. Reg. 6649, effective April 21, 1993; amended at 17 Ill. Reg. 14643, effective August 30, 1993; emergency amendment at 17 Ill. Reg. 17323, effective October 1, 1993, for a

ILLINOIS REGISTER 9820 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT maximum of 150 days; amended at 18 Ill. Reg. 3450, effective February 28, 1994; emergency amendment at 18 Ill. Reg. 12853, effective August 2, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 14117, effective September 1, 1994; amended at 18 Ill. Reg. 17648, effective November 29, 1994; amended at 19 Ill. Reg. 1067, effective January 20, 1995; emergency amendment at 19 Ill. Reg. 3510, effective March 1, 1995, for a maximum of 150 days; emergency expired July 29, 1995; emergency amendment at 19 Ill. Reg. 6709, effective May 12, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 10060, effective June 29, 1995; emergency amendment at 19 Ill. Reg. 10752, effective July 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 13009, effective September 5, 1995; amended at 19 Ill. Reg. 16630, effective November 28, 1995; amended at 20 Ill. Reg. 872, effective December 29, 1995; amended at 20 Ill. Reg. 7912, effective May 31, 1996; emergency amendment at 20 Ill. Reg. 9281, effective July 1, 1996, for a maximum of 150 days; emergency amendment at 20 Ill. Reg. 12510, effective September 1, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 15722, effective November 27, 1996; amended at 21 Ill. Reg. 607, effective January 2, 1997; amended at 21 Ill. Reg. 8386, effective June 23, 1997; emergency amendment at 21 Ill. Reg. 9552, effective July 1, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 9822, effective July 2, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 10147, effective August 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 13349, effective September 23, 1997; emergency amendment at 21 Ill. Reg. 13675, effective September 27, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 16161, effective November 26, 1997; amended at 22 Ill. Reg. 1408, effective December 29, 1997; amended at 22 Ill. Reg. 3083, effective January 26, 1998; amended at 22 Ill. Reg. 11514, effective June 22, 1998; emergency amendment at 22 Ill. Reg. 13070, effective July 1, 1998, for a maximum of 150 days; emergency amendment at 22 Ill. Reg. 15027, effective August 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 16273, effective August 28, 1998; amended at 22 Ill. Reg. 21490, effective November 25, 1998; amended at 23 Ill. Reg. 5784, effective April 30, 1999; amended at 23 Ill. Reg. 7115, effective June 1, 1999; amended at 23 Ill. Reg. 7908, effective June 30, 1999; emergency amendment at 23 Ill. Reg. 8213, effective July 1, 1999, for a maximum of 150 days; emergency amendment at 23 Ill. Reg. 12772, effective October 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 13621, effective November 1, 1999; amended at 24 Ill. Reg. 2400, effective February 1, 2000; amended at 24 Ill. Reg. 3845, effective February 25, 2000; emergency amendment at 24 Ill. Reg. 10386, effective July 1, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 11846, effective August 1, 2000; amended at 24 Ill. Reg. 16067, effective October 16, 2000; amended at 24 Ill. Reg. 17146, effective November 1, 2000; amended at 24 Ill. Reg. 18293, effective December 1, 2000; amended at 25 Ill. Reg. 5359, effective April 1, 2001; emergency amendment at 25 Ill. Reg. 5432, effective April 1, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 6959, effective June 1, 2001; emergency amendment at 25 Ill. Reg. 9974, effective July 23, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 10513, effective August 2, 2001; emergency amendment at 25 Ill. Reg. 12870,

ILLINOIS REGISTER 9821 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT effective October 1, 2001, for a maximum of 150 days; emergency expired February 27, 2002; amended at 25 Ill. Reg. 16087, effective December 1, 2001; emergency amendment at 26 Ill. Reg. 536, effective December 31, 2001, for a maximum of 150 days; emergency amendment at 26 Ill. Reg. 680, effective January 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 4825, effective March 15, 2002; emergency amendment at 26 Ill. Reg. 4953, effective March 18, 2002, for a maximum of 150 days; emergency amendment repealed at 26 Ill. Reg. 7786, effective July 1, 2002; emergency amendment at 26 Ill. Reg. 7340, effective April 30, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 8395, effective May 28, 2002; emergency amendment at 26 Ill. Reg. 11040, effective July 1, 2002, for a maximum of 150 days; emergency amendment repealed at 26 Ill. Reg. 16612, effective October 22, 2002; amended at 26 Ill. Reg. 12322, effective July 26, 2002; amended at 26 Ill. Reg. 13661, effective September 3, 2002; amended at 26 Ill. Reg. 14808, effective September 26, 2002; emergency amendment at 26 Ill. Reg. 14887, effective October 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 17775, effective November 27, 2002; emergency amendment at 27 Ill. Reg. 580, effective January 1, 2003, for a maximum of 150 days; emergency amendment at 27 Ill. Reg. 866, effective January 1, 2003, for a maximum of 150 days; amended at 27 Ill. Reg. 4386, effective February 24, 2003; emergency amendment at 27 Ill. Reg. 8320, effective April 28, 2003, for a maximum of 150 days; emergency amendment repealed at 27 Ill. Reg. 12121, effective July 10, 2003; amended at 27 Ill. Reg. 9178, effective May 28, 2003; emergency amendment at 27 Ill. Reg. 11041, effective July 1, 2003, for a maximum of 150 days; emergency amendment at 27 Ill. Reg. 16185, effective October 1, 2003, for a maximum of 150 days; emergency amendment at 27 Ill. Reg. 16268, effective October 1, 2003, for a maximum of 150 days; amended at 27 Ill. Reg. 18843, effective November 26, 2003; emergency amendment at 28 Ill. Reg. 1418, effective January 8, 2004, for a maximum of 150 days; emergency amendment at 28 Ill. Reg. 1766, effective January 10, 2004, for a maximum of 150 days; emergency expired June 7, 2004; amended at 28 Ill. Reg. 2770, effective February 1, 2004; emergency amendment at 28 Ill. Reg. 5902, effective April 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 7101, effective May 3, 2004; amended at 28 Ill. Reg. 8072, effective June 1, 2004; emergency amendment at 28 Ill. Reg. 8167, effective June 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 9661, effective July 1, 2004; emergency amendment at 28 Ill. Reg. 10157, effective July 1, 2004, for a maximum of 150 days; emergency amendment at 28 Ill. Reg. 12036, effective August 3, 2004, for a maximum of 150 days; emergency expired December 30, 2004; emergency amendment at 28 Ill. Reg. 12227, effective August 6, 2004, for a maximum of 150 days; emergency expired January 2, 2005; amended at 28 Ill. Reg. 14557, effective October 27, 2004; amended at 28 Ill. Reg. 15536, effective November 24, 2004; amended at 29 Ill. Reg. 861, effective January 1, 2005; emergency amendment at 29 Ill. Reg. 2026, effective January 21, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 5514, effective April 1, 2005; emergency amendment at 29 Ill. Reg. 5756, effective April 8, 2005, for a maximum of 150 days; emergency amendment repealed by emergency rulemaking at 29 Ill. Reg. 11622, effective July

ILLINOIS REGISTER 9822 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

5, 2005, for the remainder of the 150 days; amended at 29 Ill. Reg. 8363, effective June 1, 2005; emergency amendment at 29 Ill. Reg. 10275, effective July 1, 2005, for a maximum of 150 days; emergency amendment at 29 Ill. Reg. 12568, effective August 1, 2005, for a maximum of 150 days; emergency amendment at 29 Ill. Reg. 15629, effective October 1, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 19973, effective November 23, 2005; amended at 30 Ill. Reg. 383, effective December 28, 2005; emergency amendment at 30 Ill. Reg. 596, effective January 1, 2006, for a maximum of 150 days; emergency amendment at 30 Ill. Reg. 955, effective January 9, 2006, for a maximum of 150 days; amended at 30 Ill. Reg. 2827, effective February 24, 2006; emergency amendment at 30 Ill. Reg. 7786, effective April 10, 2006, for a maximum of 150 days; emergency amendment repealed by emergency rulemaking at 30 Ill. Reg. 12400, effective July 1, 2006, for the remainder of the 150 days; emergency expired September 6, 2006; amended at 30 Ill. Reg. 8877, effective May 1, 2006; amended at 30 Ill. Reg. 10393, effective May 26, 2006; emergency amendment at 30 Ill. Reg. 11815, effective July 1, 2006, for a maximum of 150 days; amended at 30 Ill. Reg. 18672, effective November 27, 2006; emergency amendment at 31 Ill. Reg. 1602, effective January 1, 2007, for a maximum of 150 days; emergency amendment at 31 Ill. Reg. 1997, effective January 15, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 5596, effective April 1, 2007; amended at 31 Ill. Reg. 8123, effective May 30, 2007; amended at 31 Ill. Reg. 8508, effective June 1, 2007; emergency amendment at 31 Ill. Reg. 10137, effective July 1, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 11688, effective August 1, 2007; amended at 31 Ill. Reg. 14792, effective October 22, 2007; amended at 32 Ill. Reg. 312, effective January 1, 2008; emergency amendment at 32 Ill. Reg. 518, effective January 1, 2008, for a maximum of 150 days; emergency amendment at 32 Ill. Reg. 2993, effective February 16, 2008, for a maximum of 150 days; amended at 32 Ill. Reg. 8718, effective May 29, 2008; amended at 32 Ill. Reg. 9945, effective June 26, 2008; emergency amendment at 32 Ill. Reg. 10517, effective July 1, 2008, for a maximum of 150 days; emergency expired November 27, 2008; amended at 33 Ill. Reg. 501, effective December 30, 2008; peremptory amendment at 33 Ill. Reg. 1538, effective December 30, 2008; emergency amendment at 33 Ill. Reg. 5821, effective April 1, 2009, for a maximum of 150 days; emergency expired August 28, 2009; amended at 33 Ill. Reg. 13246, effective September 8, 2009; emergency amendment at 34 Ill. Reg. 15856, effective October 1, 2010, for a maximum of 150 days; emergency expired February 27, 2011; amended at 34 Ill. Reg. 17737, effective November 8, 2010; amended at 35 Ill. Reg. 420, effective December 27, 2010; expedited correction at 38 Ill. Reg. 12618, effective December 27, 2010; amended at 35 Ill. Reg. 10033, effective June 15, 2011; amended at 35 Ill. Reg. 16572, effective October 1, 2011; emergency amendment at 36 Ill. Reg. 10326, effective July 1, 2012 through June 30, 2013; emergency amendment to Section 148.70(g) suspended at 36 Ill. Reg. 13737, effective August 15, 2012; suspension withdrawn from Section 148.70(g) at 36 Ill. Reg. 18989, December 11, 2012; emergency amendment in response to Joint Committee on Administrative Rules action on Section 148.70(g) at 36 Ill. Reg. 18976, effective December 12, 2012 through June 30, 2013; emergency amendment to Section

ILLINOIS REGISTER 9823 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

148.140(b)(1)(F) suspended at 36 Ill. Reg. 13739, effective August 15, 2012; suspension withdrawn from Section 148.140(b)(1)(F) at 36 Ill. Reg. 14530, September 11, 2012; emergency amendment to Sections 148.140(b) and 148.190(a)(2) in response to Joint Committee on Administrative Rules action at 36 Ill. Reg. 14851, effective September 21, 2012 through June 30, 2013; amended at 37 Ill. Reg. 402, effective December 27, 2012; emergency rulemaking at 37 Ill. Reg. 5082, effective April 1, 2013 through June 30, 2013; amended at 37 Ill. Reg. 10432, effective June 27, 2013; amended at 37 Ill. Reg. 17631, effective October 23, 2013; amended at 38 Ill. Reg. 4363, effective January 29, 2014; amended at 38 Ill. Reg. 11557, effective May 13, 2014; amended at 38 Ill. Reg. 13263, effective June 11, 2014; amended at 38 Ill. Reg. 15165, effective July 2, 2014; emergency amendment at 39 Ill. Reg. 10453, effective July 10, 2015, for a maximum of 150 days; emergency expired December 6, 2015; amended at 39 Ill. Reg. 10824, effective July 27, 2015; amended at 39 Ill. Reg. 16394, effective December 14, 2015; amended at 41 Ill. Reg. 1041, effective January 19, 2017; amended at 42 Ill. Reg. 3152, effective January 31, 2018; emergency amendment at 42 Ill. Reg. 13740, effective July 2, 2018, for a maximum of 150 days; emergency amendment to emergency rule at 42 Ill. Reg. 16318, effective August 13, 2018, for the remainder of the 150 days; emergency expired November 28, 2018; amended at 42 Ill. Reg. 22401, effective November 29, 2018; emergency amendment at 43 Ill. Reg. 9813, effective August 26, 2019, for a maximum of 150 days.

SUBPART B: REIMBURSEMENT AND RELATED PROVISIONS

Section 148.140 Hospital Outpatient and Clinic Services EMERGENCY

Effective for dates of service on or after July 1, 2014:

a) Fee-For-Service Reimbursement

1) Reimbursement for hospital outpatient services shall be made on a fee-for-service basis, except for:

A) Services described in subsection (b)(1).

B) End stage renal disease treatment (ESRDT) services, as described in subsection (g).

2) Except for the services reimbursed under the EAPG PPS, described in subsection (b)(1), fee-for-service reimbursement levels shall be at the lower of the hospital's usual and customary charge to the public or the

ILLINOIS REGISTER 9824 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

Department's statewide maximum reimbursement screens. Hospitals will be required to bill the Department utilizing specific service codes. However, all specific client coverage policies (relating to client eligibility and scope of services available to those clients) that pertain to the service billed are applicable to hospitals in the same manner as to non-hospital providers who bill fee for service.

3) Hospitals are required to bill the Department utilizing specific service codes. All specific client coverage policies (relating to client eligibility and scope of services available to those clients) that pertain to the service billed are applicable to hospitals in the same manner as to non-hospital providers who bill fee-for-service.

4) Payments under Section 148.140(a)(4) shall cease as of June 30, 2014 for Maternal and Child Health Program Clinics. b) EAPG PPS Reimbursement. Reimbursement under EAPG PPS, described in subsection (c), shall be all-inclusive for all services provided by the hospital, without regard to the amount charged by a hospital. Except as provided in subsection (b)(3), no separate reimbursement will be made for ancillary services or the services of hospital personnel.

1) Outpatient hospital services reimbursed through the EAPG PPS shall include:

A) Surgical services.

B) Diagnostic and therapeutic services.

C) Emergency department services.

D) Observation services.

E) Psychiatric treatment services.

2) Excluded from reimbursement under the EAPG PPS are outpatient hospital services reimbursed pursuant to 59 Ill. Adm. Code 131 and 132, 77 Ill. Adm. Code 2090, and Section 148.330 of this Part.

ILLINOIS REGISTER 9825 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

3) Exceptions to All-inclusive EAPG PPS Rate

A) A hospital may bill separately for:

i) Professional services of a physician who provided direct patient care.

ii) Chemotherapy services provided in conjunction with radiation therapy services.

iii) Physical rehabilitation, occupational or speech therapy services provided in conjunction with an APG PPS reimbursed service.

B) For the purposes of subsection (b)(3)(A), a physician means:

i) A physician salaried by the hospital. Physicians salaried by the hospital do not include radiologists, pathologists, nurse practitioners, or certified registered nurse anesthetists; no separate reimbursement will be allowed for those providers.

ii) A physician who is reimbursed by the hospital through a contractual arrangement to provide direct patient care.

iii) A group of physicians with a financial contract to provide emergency department care. c) EAPG PPS Payment. The reimbursement to hospitals for outpatient services provided on the same day shall be the product, rounded to the nearest hundredth, of the following:

1) The EAPG weighting factor of the EAPG to which the service was assigned by the EAPG grouper.

2) The EAPG conversion factor, based on the sum of:

A) The product, rounded to the nearest hundredth, of:

i) the labor-related share;

ILLINOIS REGISTER 9826 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

ii) the Medicare IPPS wage index; and

iii) the applicable EAPG standardized amount.

B) The product, rounded to the nearest hundredth, of:

i) non-labor share; and

ii) the applicable EAPG standardized amount.

3) The applicable consolidation factor.

4) The applicable packaging factor.

5) The applicable discounting factor.

6) The applicable policy adjustment factors, as defined in subsection (f), for which the service qualifies. d) EAPG Standardized Amount. The standardized amount established by the Department as the basis for EAPG conversion factor differs based on the provider type:

1) County-operated Large Public Hospital EAPG Standardized Amount. For a large public hospital, as defined in Section 148.25(a)(1), the EAPG standardized amount is determined in Section 148.160.

2) University-operated Large Public Hospital EAPG Standardized Amount. For a large public hospital, as defined in Section 148.25(a)(2), the EAPG standardized amount is determined in Section 148.170.

3) Critical Access Hospital EAPG Standardized Amount. For critical access hospitals, as defined in Section 148.25(g), the EAPG standardized amounts are determined separately for each critical access hospital such that simulated EAPG payments using outpatient base period paid claim data plus payments as defined in Section 148.456 net of tax costs are equal to the estimated costs of outpatient base period claims data with a rate year cost inflation factor applied.

ILLINOIS REGISTER 9827 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

A) Effective July 1, 2018 through March 8, 2019, simulated EAPG payments are determined using outpatient base period paid claim data plus payments as defined in Section 148.404, net of tax costs equal to estimated costs of outpatient base period claims dataas described in subsection (d)(3)(A).

B) Effective March 9, 2019, simulated EAPG payments are determined using outpatient base period paid claim data results in a 23% increase compared to the sum of the hospital outpatient base period claims allowed amount.

4) Acute EAPG Standardized Amount

A) Qualifying Criteria. General acute hospitals and freestanding emergency centers as defined in 148.25(e) excluding providers in subsections (d)(1) through (d)(3), freestanding psychiatric hospitals, psychiatric distinct part units, freestanding rehabilitation hospitals, and rehabilitation distinct part units.

B) The acute EAPG standardized amount is based on a single statewide amount determined such that:

i) Simulated EAPG payments, without P.A. 97-0689 reductions or policy adjustments defined in subsection (f), using general acute hospital outpatient base period paid claims data, result in approximately a $75 million increase compared to the amount derived in subsection (d)(4)(B)(ii).

ii) The sum of general acute hospital base period paid claims data reported payments and allocated outpatient static payments.

iii) Effective July 1, 2018, in-state hospital simulated EAPG payment using general acute hospital outpatient base period claims data less the rate reductions defined in P.A. 97-0689 results in approximately a $238 million increase inclusive of add-on payments as defined in Section 148.402,

ILLINOIS REGISTER 9828 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

compared to the sum of the acute hospital outpatient based period claims allowed amount.

5) Psychiatric EAPG Standardized Amount

A) Qualifying Criteria. Freestanding psychiatric hospitals and psychiatric distinct part units.

B) The psychiatric EAPG standardized amount is based on a single statewide amount, determined such that:

i) Simulated EAPG payments, without policy adjustments defined in subsection (f), using freestanding psychiatric hospitals and psychiatric distinct part units outpatient base period paid claims data, results in payments approximately equal to the amount derived in subsection (d)(5)(B)(ii).

ii) The sum of freestanding psychiatric hospitals and psychiatric distinct part units outpatient base period paid claims data reported payments and allocated outpatient static payments.

iii) Effective July 1, 2018, in-state hospital simulated EAPG payment using freestanding psychiatric hospitals and psychiatric distinct part units outpatient base period claims data less the rate reductions defined in P.A. 97-0689 results in approximately a $3,870,000 increase compared to the sum of psychiatric hospital outpatient based period claims allowed amount.

6) Rehabilitation EAPG Standardized Amount

A) Qualifying Criteria. Freestanding rehabilitation hospitals and rehabilitation distinct part units.

B) The rehabilitation EAPG standardized amount is based on a single statewide amount, determined such that:

ILLINOIS REGISTER 9829 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

i) Simulated EAPG payments, without P.A. 97-0689 reductions or policy adjustments defined in subsection (f), using freestanding rehabilitation hospitals and rehabilitation distinct part units outpatient base period paid claims data, results in payments approximately equal to the annual derived in subsection (d)(6)(B)(ii).

ii) The sum of freestanding rehabilitation hospitals and rehabilitation distinct part units outpatient base period paid claims data reported payments and allocated outpatient static payments.

iii) Effective July 1, 2018, in-state hospital simulated EAPG payments using freestanding rehabilitation hospitals and rehabilitation distinct part units outpatient base period claims data less the rate reductions defined in P.A. 97-0689 results in approximately a $57,400 increase compared to the sum of rehabilitation hospital outpatient base period claims allowed amount.

7) Ambulatory Surgical Treatment Center (ASTC) EAPG Standardized Amount. For ASTC's, as defined in 89 Ill. Adm. Code 146.105, the EAPG standardized amount is determined such that simulated EAPG payments using outpatient base period paid claims data are equal to reported payments of outpatient base period paid claims data as contained in the Department's claims data warehouse.

8) Out-of-state non-cost reporting hospital EAPG standardized amount. For non-cost reporting hospitals, the EAPG standardized amount is $362.32, and is not wage adjusted. e) Discounting factor. The applicable discounting factor is based on the discounting flags designated by the EAPG grouper under default EAPG settings:

1) The discounting factor will be 1.0000, if the following criteria are met:

A) The service has not been designated with a Bilateral Procedure Discounting flag, Multiple Procedure Discounting flag, Repeat

ILLINOIS REGISTER 9830 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

Ancillary Discounting flag or Terminated Procedure Discounting flag by the EAPG grouper under default EAPG settings; or

B) The service has not been designated with a Bilateral Procedure Discounting flag and has been designated with a Multiple Procedure Discounting flag by the EAPG grouper under default EAPG settings and the service has the highest EAPG weighting factor among other services with a Multiple Procedure Discounting flag provided on the same day.

2) The discounting factor will be 0.5000 if the following criteria are met:

A) The service has been designated with a Multiple Procedure Discounting flag, Repeat Ancillary Discounting flag or Terminated Procedure Discounting flag by the EAPG grouper under default EAPG settings; and if the Multiple Procedure Discounting flag is present, the service does not have the highest EAPG weighting factor among other services with a Multiple Procedure Discounting flag provided on the same day; and

B) The service has not been designated with a Bilateral Procedure Discounting flag by the EAPG grouper under default EAPG settings.

3) The discounting factor will be 0.7500 if the following criteria are met:

A) The service has been designated with a Bilateral Procedure Discounting flag by the EAPG grouper under default EAPG settings; and

B) The service has been designated with a Multiple Procedure Discounting flag, the Repeat Ancillary Discounting flag or Terminated Procedure Discounting flag by the EAPG grouper under default EAPG settings; and if the Multiple Procedure Discounting flag is present, the service does not have the highest EAPG weighting factor among other services with a Multiple Procedure Discounting flag provided on the same day.

4) The discounting factor will be 1.5000 if the following criteria are met:

ILLINOIS REGISTER 9831 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

A) The service has been designated with a Bilateral Procedure Discounting flag by the EAPG grouper under default EAPG settings; and

B) The service has not been designated with a Multiple Procedure Discounting flag, the Repeat Ancillary Discounting flag or Terminated Procedure Discounting flag by the EAPG grouper under default EAPG settings; or if the Multiple Procedure Discounting flag is present, the service has the highest EAPG weighting factor among other services with a Multiple Procedure Discounting flag provided on the same day. f) Policy Adjustments. Claims for services by providers that meet certain criteria shall qualify for further adjustments to payment. If a claim qualifies for more than one policy adjustment, then the EAPG PPS payment will be multiplied by both factors.

1) Prior to July 1, 2018 Safety Net Hospital Qualifying Criteria

A) The service is described in subsection (b)(1), excluding Medicare crossover claims.

B) The hospital is a Safety Net hospital, as defined in Section 5-5e.1 of the Illinois Public Aid Code that is not:

i) A critical access hospital, as defined in Section 148.25(g).

ii) A large public hospital, as defined in Section 148.25(a).

C) Policy adjustment factor effective SFY 2015 and 2016 is 1.3218.

2) Prior to July 1, 2018 High Outpatient Volume Hospital Qualifying Criteria

A) The service is described in subsection (b)(1), excluding Medicare crossover claims.

B) The hospital is a High Outpatient Volume hospital, as defined in subsection (f)(2)(C) that is not:

ILLINOIS REGISTER 9832 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

i) A critical access hospital, as defined in Section 148.25(g).

ii) A large public hospital, as defined in Section 148.25(a).

iii) A Safety Net hospital, as defined in Section 5-5e.1 of the Illinois Public Aid Code.

C) A High Outpatient Volume hospital for which the high outpatient volume is at least:

i) 1.5 standard deviations above the mean regional high outpatient volume; or

ii) 1.5 standard deviations above the mean statewide high outpatient volume.

D) Policy adjustment factor effective SFY 2015 and 2016 is 1.3218.

3) Crossover Adjustment Factor

A) Acute EAPG standardized amounts, as defined in subsection (d)(4), shall be reduced by a Crossover Adjustment factor such that:

i) The absolute value of the total simulated payment reduction that occurs when applying the Crossover Adjustment Factor to simulated EAPG payments, including Policy Adjustments, using general acute hospital outpatient base period paid claims data, is equal to the amount derived in subsection (f)(3)(A)(ii):

ii) The difference of total simulated EAPG payments using general acute hospital outpatient crossover paid claims data, and general acute hospital outpatient crossover paid claims data total reported Medicaid net liability.

ILLINOIS REGISTER 9833 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

B) Crossover Adjustment Factor effective SFY 2015 and 2016 is 0.98912. Effective July 1, 2018, the Crossover Adjustment Factor is defined in (f)(3)(A)(i).

4) If a claim does not qualify for a Policy Adjustment described in subsections (f)(1) through (f)(3), the policy adjustment factor is 1.0.

5) High Outpatient Volume Hospital effective July 1, 2018.

A) High Outpatient Volume Hospital is defined as:

i) an Illinois hospital for which the high outpatient volume is at least one and one-half standard deviations above the mean regional high outpatient volume;

ii) an Illinois hospital for which the high outpatient volume is at least one and one-half standard deviations above the mean statewide high outpatient volume;

iii) an Illinois Safety-Net Hospital as defined in Section 149.100; or

iv) an Illinois Small Public Hospital as defined in Section 148.409.

B) Policy adjustment factor is set:

i) For acute care claims such that total expenditures on qualifying claims less the rate reductions defined in P.A. 97-0689 is increased by $79.2 million more than base period qualifying claims allowed amount.

ii) For non-acute care claims to equal the factor in place prior to July 1, 2018.

6) The policy adjustment criteria found in subsections (f)(1) and (f)(2) are no longer in effect as of July 1, 2018.

ILLINOIS REGISTER 9834 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT g) Payment for outpatient end-stage renal disease treatment (ESRDT) services provided pursuant to Section 148.40(b) shall be made at the Department's payment rates, as follows:

1) For outpatient services or home dialysis treatments provided pursuant to Section 148.40(c)(2) or (c)(3), the Department will reimburse hospitals and clinics for ESRDT services at a rate that will reimburse the provider for the dialysis treatment and all related supplies and equipment, as defined in 42 CFR 405.2124 and 413.170 (2010). This rate will be the rate established by Medicare pursuant to 42 CFR 405.2124 and 413.170 (2010).

2) Payment for Non-routine Services. For services that are provided during outpatient or home dialysis treatment pursuant to Section 148.40(c)(2) or (c)(3), but are not defined as a routine service under 42 CFR 405.2163 (1994), separate payment will be made to independent laboratories, pharmacies, and medical supply providers pursuant to 89 Ill. Adm. Code 140.430 through 140.434, 140.440 through 140.50, and 140.75 through 140.481, respectively.

3) Payment for physician services relating to ESRDT will be made separately to physicians, pursuant to 89 Ill. Adm. Code 140.400.

4) Effective with dates of service July 1, 2013, hospital and freestanding chronic dialysis centers will receive an add-on payment of $60 per treatment day to the rate described in subsection (g)(1) for outpatient renal dialysis treatments or home dialysis treatments provided to Medicaid recipients under Title XIX of the Social Security Act, excluding services for individuals eligible for Medicare under Title XVIII of that Act (Medicaid/Medicare crossovers) and excluding services provided under Subpart D: State Chronic Renal Disease Program, as defined in Sections 148.600 through 148.640. h) Updates to EAPG PPS Reimbursement. The Department may annually review the components listed in subsection (c) and make adjustments as needed. Grouper shall be updated at least triennially and no more frequently than annually. i) Definitions, as used in this Section:

ILLINOIS REGISTER 9835 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

"Aggregate ancillary cost-to-charge ratio" means the ratio of each hospital's total ancillary costs and charges reported in the Medicare cost report, excluding special purpose cost centers and the ambulance cost center, for the cost reporting period matching the outpatient base period claims data. Aggregate ancillary cost-to- charge ratios applied to SFY 2011 outpatient base period claims data will be based on fiscal year ending 2011 Medicare cost report data.

"Allowed amounts" means the calculated fee schedule amount prior to any adjustment for secondary payer amounts for fiscal year 2015 MCO encounter data adjusted with a completion factor and fee-for-service claims data, excluding Medicare dual eligible claims, renal dialysis claims, and therapy claims.

"Consolidation factor" means a factor of 0 percent applicable for services designated with a Same Procedure Consolidation flag or Clinical Procedure Consolidation flag by the EAPG grouper under default EAPG settings.

"Default EAPG settings" means the default EAPG grouper options in 3M's Core Grouping Software for each EAPG grouper version.

"Detailed ancillary cost-to-charge ratios" means for each standardized ancillary Medicare cost-center cost-to-charge ratios for each hospital calculated by dividing total costs in Worksheet C, Part 1, Column 5 and Worksheet B, Part 1, Columns 21 and 22 by total charges for each standardized ancillary Medicare cost center in Worksheet C, Part 1, Columns 6 and 7. For all hospitals missing Worksheet C, Part 1, Column 5 data, use Worksheet C, Part 1, Column 3 data. Use aggregate ancillary cost-to-charge ratios as a default when a cost-center specific cost-to- charge ratio is not available or the claim revenue code is all-inclusive ancillary.

"EAPG" means Enhanced Ambulatory Patient Groups, as defined in the EAPG grouper, which is a patient classification system designed to explain the amount and type of resources used in an ambulatory visit. Services provided in each EAPG have similar clinical characteristics and similar resource use and cost.

"EAPG grouper" means the most recently released version of the EAPG software, distributed by 3M Health Information Systems, available to the Department as of January 1 of the calendar year during with the discharge occurred; except, for the calendar year beginning January 1, 2014, EAPG grouper means version 3.7 of the EAPG software. Effective July 1, 2018, "EAPG grouper" means the EAPG

ILLINOIS REGISTER 9836 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT grouper version 3.11 of the Enhanced Ambulatory Patient Group (EAPG) software, distributed by 3M Health Information Systems.

"EAPG PPS" means the EAPG prospective payment system as described in this Section.

"EAPG weighting factor" means, for each EAPG, the product, rounded to the nearest ten-thousandth, of:

the national weighting factor, as published by 3M Health Information Systems for the EAPG grouper; and

the Illinois experience adjustment.

"Estimated cost of outpatient base period claims data" means:

Prior to July 1, 2018, the product of:

outpatient base period paid claims data total covered charges;

the critical access hospital's aggregate ancillary cost-to-charge ratio; and

a rate year cost inflation factor.

Effective July 1, 2018, the product of:

Outpatient base period claims data total covered charges;

The critical access hospital's detailed ancillary cost-to-charge ratios; and

A rate year cost inflation factor.

"High outpatient volume" means the number paid outpatient claims described in subsection (b)(1) provided during the high volume outpatient base period paid claims data.

"High volume outpatient base period paid claims data" means:

ILLINOIS REGISTER 9837 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

Prior to July 1, 2018, SFY 2011 outpatient Medicaid fee-for-service paid claims data, excluding Medicare dual eligible claims, renal dialysis claims, and therapy claims, for EAPG PPS payment for services provided in SFY 2015 and 2016. For subsequent dates of service, the term means the SFY ending 30 months prior to the beginning of the calendar year during which the service is provided.

Effective July 1, 2018, SFY 2015 outpatient Medicaid fee-for-service paid claims data and completed MCO encounter claims data, excluding Medicare dual eligible claims, renal dialysis claims, and therapy claims, for EAPG PPS payment for services provided in SFY 2019 and 2020; for subsequent dates of service, the most recently available adjudicated 12 months of outpatient paid claims data to be identified by the Department.

"Illinois experience adjustment" means, for the calendar year beginning January 1, 2014, a factor of 1.0; for subsequent calendar years, means the factor applied to 3M EAPG national weighting factors when updating EAPG grouper versions determined such that the arithmetic mean EAPG weighting factor under the new EAPG grouper version is equal to the arithmetic mean EAPG weighting factor under the prior EAPG grouper version using outpatient base period claims data.

"In-state" means all:

Illinois hospitals; and

out-of-state hospitals that are designated a level I pediatric trauma center or a level I trauma center by the Illinois Department of Public Health as of December 1, 2017.

"Labor-related share" means that portion of the statewide standardized amount that is allocated in the EAPG PPS methodology to reimburse the costs associated with personnel. The labor-related share for a hospital is 0.60.

"Mean regional high outpatient volume" means the quotient, rounded to the nearest tenth, resulting from the number of paid outpatient services described in subsections (b)(1)(A) through (D), provided by hospitals within a region, based on outpatient base period paid claims data.

ILLINOIS REGISTER 9838 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

"Mean statewide high outpatient volume" means the quotient, rounded to the nearest tenth, resulting from the number of paid outpatient services described in subsections (b)(1)(A) through (D), provided by hospitals within the state, based on outpatient base period paid claims data.

"Medicare IPPS wage index" means for in-state providers and out-of-state Illinois Medicaid cost reporting providers, the wage index used for inpatient reimbursement as described in 89 Ill. Adm. Code 149.100. For out-of-state non-cost reporting providers, the wage index used to adjust the EAPG standardized amount shall be a factor of 1.0.

"Non-labor share" means the difference resulting from the labor-related share being subtracted from 1.0.

"Outpatient base period paid claims data" means:

Effective July 1, 2018, for in-state SFY 2015 outpatient Medicaid fee-for- service paid claims data and completed MCO encounter claims data, excluding Medicare dual eligible claims, renal dialysis claims, and therapy claims, for EAPG PPS payment for services provided in SFY 2019 and 2020; for subsequent dates of service, the most recently available adjudicated 12 months of outpatient paid claims data to be identified by the Department.

"Outpatient crossover paid claims data" means:

Prior to July 1, 2018, SFY 2011 outpatient Medicaid/Medicare dual eligible fee-for-service paid claims data, excluding renal dialysis claims and therapy claims, for EAPG PPS payment for services provided in SFY 2015, 2016 and 2017; for subsequent dates of service, the term means most recently available adjudicated 12-months of outpatient paid claims data to be identified by the Department.

ILLINOIS REGISTER 9839 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

Effective July 1, 2018, SFY 2015 outpatient Medicaid/Medicare dual eligible fee-for-service paid claims data, excluding renal dialysis claims and therapy claims, for EAPG PPS payment for services provided in SFY 2019 and 2020; for subsequent dates of service, the most recently available adjudicated 12 months of outpatient paid claims data to be identified by the Department.

"Packaging factor" means a factor of 0 percent applicable for services designated with a Packaging flag by the EAPG grouper under default EAPG settings plus EAPG 430 (CLASS I CHEMOTHERAPY DRUGS), EAPG 435 (CLASS I PHARMACOTHERAPY), EAPG 495 (MINOR CHEMOTHERAPY DRUGS), EAPG 496 (MINOR PHARMACOTHERAPY), and EAPGs 1001-1020 (DURABLE MEDICAL EQUIPMENT LEVEL 1-20), and non-covered revenue codes defined in the Handbook for Hospital Services.

"Rate year cost inflation factor" means the cost inflation from the midpoint of the outpatient base period paid claims data to the midpoint of the rate year based on changes in Centers for Medicare and Medicaid Services (CMMS) input price index levels. For critical access hospital rates effective SFY 2015, the rate year cost inflation factor will be based on changes in CMMS input price index levels from the midpoint of SFY 2011 to SFY 2015.

"Region" means, for a given hospital, the rate region, as defined in 89 Ill. Adm. Code 140.Table J, within which the hospital is located.

"Total covered charges" means the amount entered for revenue code 001 in column 53 (Total Charges) on the Uniform Billing Form (form CMMS 1450), or one of its electronic transaction equivalents. j) Supplemental Payment. A one-time supplemental payment will be made to a critical access hospital, that is an Illinois hospital designated by Illinois Department of Public Health in accordance with 42 CFR 485 Subpart F, for outpatient discharges occurring in state fiscal year 2019 in which the outpatient claims were priced and paid under the methodology in (d)(3)(A). The amount of the supplemental payment will be equal to the difference of:

1) The payment amount of each claim calculated using the critical access hospital EAPG standardized amount set to equal a 23% increase in

ILLINOIS REGISTER 9840 19 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

NOTICE OF EMERGENCY AMENDMENT

simulated EAPG payments using base period paid claims data set forth in (d)(3)(B); and

2) The payment amount of each claim calculated using the critical access hospital EAPG standardized amount in effect on July 1, 2018.

(Source: Amended by emergency rulemaking at 43 Ill. Reg. 9813, effective August 26, 2019, for a maximum of 150 days)

ILLINOIS REGISTER 9841 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT

1) Heading of the Part: Retailers' Occupation Tax

2) Code Citation: 86 Ill. Adm. Code 130

3) Section Number: Emergency Action: 130.330 Amendment

4) Statutory Authority: 35 ILCS 120/12; 20 ILCS 2505/2505-795

5) Effective Date of Emergency Rule: August 21, 2019

6) If this Emergency Rule is to expire before the end of the 150-day period, please specify the date on which it is to expire: This emergency rule will not expire before the end of the 150-day period.

7) Date Filed with the Index Department: August 21, 2019

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: Given the immediacy of the effective date of this change, it is necessary to provide guidance for persons claiming this expanded definition of the Manufacturing Machinery and Equipment; failure to do so could result in imposition of penalties and interest for taxpayers. Additionally, the legislation expanding the exemption was meant to provide important incentives boosting the manufacturing sector in Illinois. Failure to properly inform manufacturers of this exemption may result in unnecessary payment of taxes and could potentially impact manufacturing investment or expansion in Illinois.

10) A Complete Description of the Subjects and Issues Involved: The legislature passed legislation that expanded the Manufacturing Machinery and Equipment exemption to include production related tangible personal property purchased on or after July 1, 2019.

11) Are there any other rulemakings to this Part pending? No

12) Statement of Statewide Policy Objective: This rulemaking neither imposes a State mandate, nor modifies an existing mandate.

13) Information and questions regarding this emergency rule shall be directed to:

ILLINOIS REGISTER 9842 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT

Debra M Boggess Associate Counsel Illinois Department of Revenue 101 West Jefferson Springfield IL 62794

217/782-2844

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

ILLINOIS REGISTER 9843 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT

TITLE 86: REVENUE CHAPTER I: DEPARTMENT OF REVENUE

PART 130 RETAILERS' OCCUPATION TAX

SUBPART A: NATURE OF TAX

Section 130.101 Character and Rate of Tax 130.105 Responsibility of Trustees, Receivers, Executors or Administrators 130.110 Occasional Sales 130.111 Sale of Used Motor Vehicles, Aircraft, or Watercraft by Leasing or Rental Business 130.115 Habitual Sales 130.120 Nontaxable Transactions

SUBPART B: SALE AT RETAIL

Section 130.201 The Test of a Sale at Retail 130.205 Sales for Transfer Incident to Service 130.210 Sales of Tangible Personal Property to Purchasers for Resale 130.215 Further Illustrations of Sales for Use or Consumption Versus Sales for Resale 130.220 Sales to Lessors of Tangible Personal Property 130.225 Drop Shipments

SUBPART C: CERTAIN STATUTORY EXEMPTIONS

Section 130.305 Farm Machinery and Equipment 130.310 Food, Soft Drinks and Candy 130.311 Drugs, Medicines, Medical Appliances and Grooming and Hygiene Products 130.315 Fuel Sold for Use in Vessels on Rivers Bordering Illinois 130.320 Gasohol, Majority Blended Ethanol, Biodiesel Blends, and 100% Biodiesel 130.321 Fuel Used by Air Common Carriers in Flights Engaged in Foreign Trade or Engaged in Trade Between the United States and any of its Possessions 130.325 Graphic Arts Machinery and Equipment Exemption 130.330 Manufacturing Machinery and Equipment

ILLINOIS REGISTER 9844 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT

EMERGENCY 130.331 Manufacturer's Purchase Credit 130.332 Automatic Vending Machines 130.335 Pollution Control Facilities and Low Sulfur Dioxide Emission Coal-Fueled Devices 130.340 Rolling Stock 130.341 Commercial Distribution Fee Sales Tax Exemption 130.345 Oil Field Exploration, Drilling and Production Equipment 130.350 Coal Exploration, Mining, Off Highway Hauling, Processing, Maintenance and Reclamation Equipment 130.351 Aggregate Exploration, Mining, Off Highway Hauling, Processing, Maintenance and Reclamation Equipment

SUBPART D: GROSS RECEIPTS

Section 130.401 Meaning of Gross Receipts 130.405 How to Avoid Paying Tax on State or Local Tax Passed on to the Purchaser 130.410 Cost of Doing Business Not Deductible 130.415 Transportation and Delivery Charges 130.420 Finance or Interest Charges – Penalties – Discounts 130.425 Traded-In Property 130.430 Deposit or Prepayment on Purchase Price 130.435 State and Local Taxes Other Than Retailers' Occupation Tax 130.440 Penalties 130.445 Federal Taxes 130.450 Installation, Alteration and Special Service Charges 130.455 Motor Vehicle Leasing and Trade-In Allowances

SUBPART E: RETURNS

Section 130.501 Monthly Tax Returns – When Due – Contents 130.502 Quarterly Tax Returns 130.505 Returns and How to Prepare 130.510 Annual Tax Returns 130.515 First Return 130.520 Final Returns When Business is Discontinued 130.525 Who May Sign Returns

ILLINOIS REGISTER 9845 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT

130.530 Returns Covering More Than One Location Under Same Registration – Separate Returns for Separately Registered Locations 130.535 Payment of the Tax, Including Quarter Monthly Payments in Certain Instances 130.540 Returns on a Transaction by Transaction Basis 130.545 Registrants Must File a Return for Every Return Period 130.550 Filing of Returns for Retailers by Suppliers Under Certain Circumstances 130.551 Prepayment of Retailers' Occupation Tax on Motor Fuel 130.552 Alcoholic Liquor Reporting 130.555 Vending Machine Information Returns 130.560 Verification of Returns

SUBPART F: INTERSTATE COMMERCE

Section 130.601 Preliminary Comments (Repealed) 130.605 Sales of Property Originating in Illinois; Questions of Interstate Commerce 130.610 Sales of Property Originating in Other States (Repealed)

SUBPART G: CERTIFICATE OF REGISTRATION

Section 130.701 General Information on Obtaining a Certificate of Registration 130.705 Procedure in Disputed Cases Involving Financial Responsibility Requirements 130.710 Procedure When Security Must be Forfeited 130.715 Sub-Certificates of Registration 130.720 Separate Registrations for Different Places of Business of Same Taxpayer Under Some Circumstances 130.725 Display 130.730 Replacement of Certificate 130.735 Certificate Not Transferable 130.740 Certificate Required For Mobile Vending Units 130.745 Revocation of Certificate

SUBPART H: BOOKS AND RECORDS

Section 130.801 Books and Records − General Requirements 130.805 What Records Constitute Minimum Requirement 130.810 Records Required to Support Deductions

ILLINOIS REGISTER 9846 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT

130.815 Preservation and Retention of Records 130.820 Preservation of Books During Pendency of Assessment Proceedings 130.825 Department Authorization to Destroy Records Sooner Than Would Otherwise be Permissible

SUBPART I: PENALTIES AND INTEREST

Section 130.901 Civil Penalties 130.905 Interest 130.910 Criminal Penalties

SUBPART J: BINDING OPINIONS

Section 130.1001 When Opinions from the Department are Binding

SUBPART K: SELLERS LOCATED ON, OR SHIPPING TO, FEDERAL AREAS

Section 130.1101 Definition of Federal Area 130.1105 When Deliveries on Federal Areas Are Taxable 130.1110 No Distinction Between Deliveries on Federal Areas and Illinois Deliveries Outside Federal Areas

SUBPART L: TIMELY MAILING TREATED AS TIMELY FILING AND PAYING

Section 130.1201 General Information 130.1205 Due Date that Falls on Saturday, Sunday or a Holiday

SUBPART M: LEASED PORTIONS OF LESSOR'S BUSINESS SPACE

Section 130.1301 When Lessee of Premises Must File Return for Leased Department 130.1305 When Lessor of Premises Should File Return for Business Operated on Leased Premises 130.1310 Meaning of "Lessor" and "Lessee" in this Regulation

ILLINOIS REGISTER 9847 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT

SUBPART N: SALES FOR RESALE

Section 130.1401 Seller's Responsibility to Determine the Character of the Sale at the Time of the Sale 130.1405 Seller's Responsibility to Obtain Certificates of Resale and Requirements for Certificates of Resale 130.1410 Requirements for Certificates of Resale (Repealed) 130.1415 Resale Number – When Required and How Obtained 130.1420 Blanket Certificate of Resale (Repealed)

SUBPART O: CLAIMS TO RECOVER ERRONEOUSLY PAID TAX

Section 130.1501 Claims for Credit – Limitations – Procedure 130.1505 Disposition of Credit Memoranda by Holders Thereof 130.1510 Refunds 130.1515 Interest

SUBPART P: PROCEDURE TO BE FOLLOWED UPON SELLING OUT OR DISCONTINUING BUSINESS

Section 130.1601 When Returns are Required After a Business is Discontinued 130.1605 When Returns Are Not Required After Discontinuation of a Business 130.1610 Cross Reference to Bulk Sales Regulation

SUBPART Q: NOTICE OF SALES OF GOODS IN BULK

Section 130.1701 Bulk Sales: Notices of Sales of Business Assets

SUBPART R: POWER OF ATTORNEY

Section 130.1801 When Powers of Attorney May be Given 130.1805 Filing of Power of Attorney With Department 130.1810 Filing of Papers by Agent Under Power of Attorney

ILLINOIS REGISTER 9848 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT

SUBPART S: SPECIFIC APPLICATIONS

Section 130.1901 Addition Agents to Plating Baths 130.1905 Agricultural Producers 130.1910 Antiques, Curios, Art Work, Collectors' Coins, Collectors' Postage Stamps and Like Articles 130.1915 Auctioneers and Agents 130.1920 Barbers and Beauty Shop Operators 130.1925 Blacksmiths 130.1930 Chiropodists, Osteopaths and Chiropractors 130.1934 Community Water Supply 130.1935 Computer Software 130.1940 Construction Contractors and Real Estate Developers 130.1945 Co-operative Associations 130.1946 Tangible Personal Property Used or Consumed in Graphic Arts Production within Enterprise Zones Located in a County of more than 4,000 Persons and less than 45,000 Persons 130.1947 Tangible Personal Property Used or Consumed in the Process of Manufacturing and Assembly within Enterprise Zones or by High Impact Businesses 130.1948 Tangible Personal Property Used or Consumed in the Operation of Pollution Control Facilities Located within Enterprises Zones 130.1949 Sales of Building Materials Incorporated into the South Suburban Airport 130.1950 Sales of Building Materials Incorporated into the Illiana Expressway 130.1951 Sales of Building Materials Incorporated into Real Estate within Enterprise Zones 130.1952 Sales of Building Materials to a High Impact Business 130.1953 Sales of Building Materials to be Incorporated into a Redevelopment Project Area within an Intermodal Terminal Facility Area 130.1954 Sales of Building Materials Incorporated into Real Estate within River Edge Redevelopment Zones 130.1955 Farm Chemicals 130.1956 Dentists 130.1960 Finance Companies and Other Lending Agencies – Installment Contracts – Bad Debts 130.1965 Florists and Nurserymen 130.1970 Hatcheries 130.1971 Sellers of Pets and the Like 130.1975 Operators of Games of Chance and Their Suppliers 130.1980 Optometrists and Opticians

ILLINOIS REGISTER 9849 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT

130.1985 Pawnbrokers 130.1990 Peddlers, Hawkers and Itinerant Vendors 130.1995 Personalizing Tangible Personal Property 130.2000 Persons Engaged in the Printing, Graphic Arts or Related Occupations, and Their Suppliers 130.2004 Sales to Nonprofit Arts or Cultural Organizations 130.2005 Persons Engaged in Nonprofit Service Enterprises and in Similar Enterprises Operated As Businesses, and Suppliers of Such Persons 130.2006 Sales by Teacher-Sponsored Student Organizations 130.2007 Exemption Identification Numbers 130.2008 Sales by Nonprofit Service Enterprises 130.2009 Personal Property Purchased Through Certain Fundraising Events for the Benefit of Certain Schools 130.2010 Persons Who Rent or Lease the Use of Tangible Personal Property to Others 130.2011 Sales to Persons Who Lease Tangible Personal Property to Exempt Hospitals 130.2012 Sales to Persons Who Lease Tangible Personal Property to Governmental Bodies 130.2013 Persons in the Business of Both Renting and Selling Tangible Personal Property – Tax Liabilities, Credit 130.2015 Persons Who Repair or Otherwise Service Tangible Personal Property 130.2020 Physicians and Surgeons 130.2025 Picture-Framers 130.2030 Public Amusement Places 130.2035 Registered Pharmacists and Druggists 130.2040 Retailers of Clothing 130.2045 Retailers on Premises of the Illinois State Fair, County Fairs, Art Shows, Flea Markets and the Like 130.2050 Sales and Gifts By Employers to Employees 130.2055 Sales by Governmental Bodies 130.2060 Sales of Alcoholic Beverages, Motor Fuel and Tobacco Products 130.2065 Sales of Automobiles for Use In Demonstration (Repealed) 130.2070 Sales of Containers, Wrapping and Packing Materials and Related Products 130.2075 Sales To Construction Contractors, Real Estate Developers and Speculative Builders 130.2076 Sales to Purchasers Performing Contracts with Governmental Bodies 130.2080 Sales to Governmental Bodies, Foreign Diplomats and Consular Personnel 130.2085 Sales to or by Banks, Savings and Loan Associations and Credit Unions 130.2090 Sales to Railroad Companies 130.2095 Sellers of Gasohol, Coal, Coke, Fuel Oil and Other Combustibles 130.2100 Sellers of Feeds and Breeding Livestock

ILLINOIS REGISTER 9850 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT

130.2101 Sellers of Floor Coverings 130.2105 Sellers of Newspapers, Magazines, Books, Sheet Music and Musical Recordings, and Their Suppliers; Transfer of Data Downloaded Electronically 130.2110 Sellers of Seeds and Fertilizer 130.2115 Sellers of Machinery, Tools and Special Order Items 130.2120 Suppliers of Persons Engaged in Service Occupations and Professions 130.2125 Discount Coupons, Gift Situations, Trading Stamps, Automobile Rebates and Dealer Incentives 130.2130 Undertakers and Funeral Directors 130.2135 Vending Machines 130.2140 Vendors of Curtains, Slip Covers and Other Similar Items Made to Order 130.2145 Vendors of Meals 130.2150 Vendors of Memorial Stones and Monuments 130.2155 Tax Liability of Sign Vendors 130.2156 Vendors of Steam 130.2160 Vendors of Tangible Personal Property Employed for Premiums, Advertising, Prizes, Etc. 130.2165 Veterinarians 130.2170 Warehousemen

SUBPART T: DIRECT PAYMENT PROGRAM

Section 130.2500 Direct Payment Program 130.2505 Qualifying Transactions, Non-transferability of Permit 130.2510 Permit Holder's Payment of Tax 130.2515 Application for Permit 130.2520 Qualification Process and Requirements 130.2525 Application Review 130.2530 Recordkeeping Requirements 130.2535 Revocation and Withdrawal

130.ILLUSTRATION A Examples of Tax Exemption Cards 130.ILLUSTRATION B Example of Notice of Revocation of Certificate of Registration 130.ILLUSTRATION C Food Flow Chart

AUTHORITY: Implementing the Illinois Retailers' Occupation Tax Act [35 ILCS 120] and authorized by Section 2505-25 of the Civil Administrative Code of Illinois [20 ILCS 2505/2505- 25].

ILLINOIS REGISTER 9851 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT

SOURCE: Adopted July l, 1933; amended at 2 Ill. Reg. 50, p. 71, effective December 10, 1978; amended at 3 Ill. Reg. 12, p. 4, effective March 19, 1979; amended at 3 Ill. Reg. 13, pp. 93 and 95, effective March 25, 1979; amended at 3 Ill. Reg. 23, p. 164, effective June 3, 1979; amended at 3 Ill. Reg. 25, p. 229, effective June 17, 1979; amended at 3 Ill. Reg. 44, p. 193, effective October 19, 1979; amended at 3 Ill. Reg. 46, p. 52, effective November 2, 1979; amended at 4 Ill. Reg. 24, pp. 520, 539, 564 and 571, effective June l, 1980; amended at 5 Ill. Reg. 818, effective January 2, 1981; amended at 5 Ill. Reg. 3014, effective March 11, 1981; amended at 5 Ill. Reg. 12782, effective November 2, 1981; amended at 6 Ill. Reg. 2860, effective March 3, 1982; amended at 6 Ill. Reg. 6780, effective May 24, 1982; codified at 6 Ill. Reg. 8229; recodified at 6 Ill. Reg. 8999; amended at 6 Ill. Reg. 15225, effective December 3, 1982; amended at 7 Ill. Reg. 7990, effective June 15, 1983; amended at 8 Ill. Reg. 5319, effective April 11, 1984; amended at 8 Ill. Reg. 19062, effective September 26, 1984; amended at 10 Ill. Reg. 1937, effective January 10, 1986; amended at 10 Ill. Reg. 12067, effective July l, 1986; amended at 10 Ill. Reg. 19538, effective November 5, 1986; amended at 10 Ill. Reg. 19772, effective November 5, 1986; amended at 11 Ill. Reg. 4325, effective March 2, 1987; amended at 11 Ill. Reg. 6252, effective March 20, 1987; amended at 11 Ill. Reg. 18284, effective October 27, 1987; amended at 11 Ill. Reg. 18767, effective October 28, 1987; amended at 11 Ill. Reg. 19138, effective October 29, 1987; amended at 11 Ill. Reg. 19696, effective November 23, 1987; amended at 12 Ill. Reg. 5652, effective March 15, 1988; emergency amendment at 12 Ill. Reg. 14401, effective September 1, 1988, for a maximum of 150 days, modified in response to an objection of the Joint Committee on Administrative Rules at 12 Ill. Reg. 19531, effective November 4, 1988, not to exceed the 150 day time limit of the original rulemaking; emergency expired January 29, 1989; amended at 13 Ill. Reg. 11824, effective June 29, 1989; amended at 14 Ill. Reg. 241, effective December 21, 1989; amended at 14 Ill. Reg. 872, effective January 1, 1990; amended at 14 Ill. Reg. 15463, effective September 10, 1990; amended at 14 Ill. Reg. 16028, effective September 18, 1990; amended at 15 Ill. Reg. 6621, effective April 17, 1991; amended at 15 Ill. Reg. 13542, effective August 30, 1991; amended at 15 Ill. Reg. 15757, effective October 15, 1991; amended at 16 Ill. Reg. 1642, effective January 13, 1992; amended at 17 Ill. Reg. 860, effective January 11, 1993; amended at 17 Ill. Reg. 18142, effective October 4, 1993; amended at 17 Ill. Reg. 19651, effective November 2, 1993; amended at 18 Ill. Reg. 1537, effective January 13, 1994; amended at 18 Ill. Reg. 16866, effective November 7, 1994; amended at 19 Ill. Reg. 13446, effective September 12, 1995; amended at 19 Ill. Reg. 13568, effective September 11, 1995; amended at 19 Ill. Reg. 13968, effective September 18, 1995; amended at 20 Ill. Reg. 4428, effective March 4, 1996; amended at 20 Ill. Reg. 5366, effective March 26, 1996; amended at 20 Ill. Reg. 6991, effective May 7, 1996; amended at 20 Ill. Reg. 9116, effective July 2, 1996; amended at 20 Ill. Reg. 15753, effective December 2, 1996; expedited correction at 21 Ill. Reg. 4052, effective December 2, 1996; amended at 20 Ill. Reg. 16200, effective December 16, 1996; amended at 21 Ill. Reg. 12211, effective August 26, 1997;

ILLINOIS REGISTER 9852 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT amended at 22 Ill. Reg. 3097, effective January 27, 1998; amended at 22 Ill. Reg. 11874, effective June 29, 1998; amended at 22 Ill. Reg. 19919, effective October 28, 1998; amended at 22 Ill. Reg. 21642, effective November 25, 1998; amended at 23 Ill. Reg. 9526, effective July 29, 1999; amended at 23 Ill. Reg. 9898, effective August 9, 1999; amended at 24 Ill. Reg. 10713, effective July 7, 2000; emergency amendment at 24 Ill. Reg. 11313, effective July 12, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 15104, effective October 2, 2000; amended at 24 Ill. Reg. 18376, effective December 1, 2000; amended at 25 Ill. Reg. 941, effective January 8, 2001; emergency amendment at 25 Ill. Reg. 1792, effective January 16, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 4674, effective March 15, 2001; amended at 25 Ill. Reg. 4950, effective March 19, 2001; amended at 25 Ill. Reg. 5398, effective April 2, 2001; amended at 25 Ill. Reg. 6515, effective May 3, 2001; expedited correction at 25 Ill. Reg. 15681, effective May 3, 2001; amended at 25 Ill. Reg. 6713, effective May 9, 2001; amended at 25 Ill. Reg. 7264, effective May 25, 2001; amended at 25 Ill. Reg. 10917, effective August 13, 2001; amended at 25 Ill. Reg. 12841, effective October 1, 2001; amended at 26 Ill. Reg. 958, effective January 15, 2002; amended at 26 Ill. Reg. 1303, effective January 17, 2002; amended at 26 Ill. Reg. 3196, effective February 13, 2002; amended at 26 Ill. Reg. 5369, effective April 1, 2002; amended at 26 Ill. Reg. 5946, effective April 15, 2002; amended at 26 Ill. Reg. 8423, effective May 24, 2002; amended at 26 Ill. Reg. 9885, effective June 24, 2002; amended at 27 Ill. Reg. 795, effective January 3, 2003; emergency amendment at 27 Ill. Reg. 11099, effective July 7, 2003, for a maximum of 150 days; emergency expired December 3, 2003; amended at 27 Ill. Reg. 17216, effective November 3, 2003; emergency amendment at 27 Ill. Reg. 18911, effective November 26, 2003, for a maximum of 150 days; emergency expired April 23, 2004; amended at 28 Ill. Reg. 9121, effective June 18, 2004; amended at 28 Ill. Reg. 11268, effective July 21, 2004; emergency amendment at 28 Ill. Reg. 15193, effective November 3, 2004, for a maximum of 150 days; emergency expired April 1, 2005; amended at 29 Ill. Reg. 7004, effective April 26, 2005; amended at 31 Ill. Reg. 3574, effective February 16, 2007; amended at 31 Ill. Reg. 5621, effective March 23, 2007; amended at 31 Ill. Reg. 13004, effective August 21, 2007; amended at 31 Ill. Reg. 14091, effective September 21, 2007; amended at 32 Ill. Reg. 4226, effective March 6, 2008; emergency amendment at 32 Ill. Reg. 8785, effective May 29, 2008, for a maximum of 150 days; emergency expired October 25, 2008; amended at 32 Ill. Reg. 10207, effective June 24, 2008; amended at 32 Ill. Reg. 17228, effective October 15, 2008; amended at 32 Ill. Reg. 17519, effective October 24, 2008; amended at 32 Ill. Reg. 19128, effective December 1, 2008; amended at 33 Ill. Reg. 1762, effective January 13, 2009; amended at 33 Ill. Reg. 2345, effective January 23, 2009; amended at 33 Ill. Reg. 3999, effective February 23, 2009; amended at 33 Ill. Reg. 15781, effective October 27, 2009; amended at 33 Ill. Reg. 16711, effective November 20, 2009; amended at 34 Ill. Reg. 9405, effective June 23, 2010; amended at 34 Ill. Reg. 12935, effective August 19, 2010; amended at 35 Ill. Reg. 2169, effective January 24, 2011; amended at 36 Ill. Reg. 6662, effective April 12, 2012; amended at 38 Ill. Reg. 12909, effective June 9, 2014; amended at 38 Ill. Reg. 17060, effective July 25, 2014; amended at 38 Ill. Reg. 17421,

ILLINOIS REGISTER 9853 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT effective July 31, 2014; amended at 38 Ill. Reg. 17756, effective August 6, 2014; amended at 38 Ill. Reg. 19998, effective October 1, 2014; amended at 39 Ill. Reg. 1793, effective January 12, 2015; amended at 39 Ill. Reg. 12597, effective August 26, 2015; amended at 39 Ill. Reg. 14616, effective October 22, 2015; amended at 40 Ill. Reg. 6130, effective April 1, 2016; amended at 40 Ill. Reg. 13448, effective September 9, 2016; amended at 41 Ill. Reg. 10721, effective August 1, 2017; amended at 42 Ill. Reg. 2850, effective January 26, 2018; amended at 43 Ill. Reg. 4201, effective March 20, 2019; amended at 43 Ill. Reg. 5069, effective April 17, 2019; amended at 43 Ill. Reg. 8865, effective July 30, 2019; emergency amendment at 43 Ill. Reg. 9841, effective August 21, 2019, for a maximum of 150 days.

SUBPART C: CERTAIN STATUTORY EXEMPTIONS

Section 130.330 Manufacturing Machinery and Equipment EMERGENCY

a) General provisions applicable to all types of machinery and equipment under this Section. Notwithstanding the fact that the sales may be at retail, the Retailers' Occupation Tax does not apply to sales of machinery and equipment that will be used by the purchaser, or a lessee of the purchaser, primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether the sale or lease is made directly by the manufacturer or by some other person. [35 ILCS 120/2-5(14)] The manufacturing and assembly machinery and equipment exemption includes machinery and equipment that replaces machinery and equipment in an existing manufacturing facility as well as machinery and equipment that are for use in an expanded or new manufacturing facility. [35 ILCS 120/2-45] In certain cases, purchases of machinery and equipment by a lessor will be exempt even though that lessor does not itself employ the machinery and equipment in an exempt manner. Initially, the exemption was for purchases of conventional machinery and equipment used or consumed primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease. The exemption has expanded over time to include not only conventional machinery and equipment used or consumed in a manufacturing or assembling process in a manufacturing facility (see subsection (c)) but also chemicals (see subsection (d)), computer software (see subsection (e)), machinery and equipment used primarily in graphic arts production (see subsection (g)), and production related tangible personal property (see subsection (h)). For purposes of this regulation, unless otherwise provided, all the types of tangible personal property that qualify for the exemption

ILLINOIS REGISTER 9854 19 DEPARTMENT OF REVENUE

NOTICE OF EMERGENCY AMENDMENT under this Section will be referred to as "machinery and equipment." The following provisions apply to all items under this Section:

1) There may be instances where items of tangible personal property do not meet the definition of conventional "machinery and equipment" under subsection (c) but do meet the definition of "graphic arts production" in subsection (g) or "production related tangible personal property" in subsection (h) of this Section and so would qualify for the exemption.

2) The manufacturing machinery and equipment exemption is not subject to the sunset provisions contained in Section 2-45 of the Retailers' Occupation Tax Act. [35 ILCS 120/2-45]

3) All items considered machinery and equipment under this Section must be used primarily (over 50%) in manufacturing or assembling. Therefore, machinery that is used primarily in an exempt process and partially in a nonexempt manner would qualify for exemption. However, the purchaser must be able to establish through adequate records that the machinery and equipment is used over 50% in an exempt manner in order to claim the exemption.

4) An item of machinery and equipment that initially is used primarily in manufacturing or assembling and having been so used for less than one- half of its useful life is converted to primarily nonexempt uses will become subject to tax at the time of the conversion, allowing for reasonable depreciation on the machinery and equipment.

5) The fact that particular machinery and equipment may be considered essential to the conduct of the business of manufacturing or assembling because its use is required by law or practical necessity does not, of itself, mean that machinery and equipment is used primarily in manufacturing or assembling.

6) Machinery and equipment used in the performance of a service, such as dry cleaning, is not used in the production of tangible personal property for wholesale or retail sale or lease and is thus taxable. However, a manufacturer or assembler who uses machinery and equipment to produce goods for wholesale or retail sale or lease by itself or another, or to perform assembly or fabricating work for a customer who retains the

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manufacturer or assembler only for its services, will not be liable for tax on the machinery and equipment it uses as long as the goods produced either for itself or another are destined for wholesale or retail sale or lease, rather than for use and consumption.

7) The exemption requires that the product produced as a result of the manufacturing or assembling process be tangible personal property for wholesale or retail sale or lease. Accordingly, a manufacturer or assembler who uses any significant portion of the output of its machinery and equipment, either for internal consumption or any other nonexempt use, or a lessor who leases otherwise exempt machinery and equipment to such a manufacturer or assembler, will not be eligible to claim the exemption on that machinery and equipment. No apportionment of production capacity between output for sale or lease and output for self- use will be permitted and no partial exemption for any item of machinery and equipment will be allowed. For example, the purchase of hot-mix asphalt machinery would be taxable if the majority of the asphalt produced (over 50%) was used to fulfill the purchaser's own construction contracts and not sold at wholesale or retail. a) General. Notwithstanding the fact that the sales may be at retail, the Retailers' Occupation Tax does not apply to sales of machinery and equipment that will be used by the purchaser, or a lessee of the purchaser, primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether the sale or lease is made directly by the manufacturer or by some other person. [35 ILCS 120/2-5(14)] In certain cases, purchases of machinery and equipment by a lessor will be exempt even though that lessor does not itself employ the machinery and equipment in an exempt manner. Beginning July 1, 2017, the exemption includes machinery and equipment used primarily in graphic arts production, more fully explained in subsection (h). The manufacturing machinery and equipment exemption is not subject to the sunset provisions contained in the Use Tax Act, Service Use Tax Act, Service Occupation Tax Act and Retailers' Occupation Tax Act. (Section 2-45 of ROTA) b) Manufacturing and Assembling Processes Described

1) The manufacturing process is the production of any article of tangible personal property, whether the article is a finished product or an article for use in the process of manufacturing or assembling a different article of

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tangible personal property, by procedures commonly regarded as manufacturing, processing, fabricating or refining that changes some existing material or materials into a material with a different form, use or name. These changes must result from the process in question and be substantial and significant.

2) The assembling process is the production of an article of tangible personal property, whether the article is a finished product or an article for use in the process of manufacturing or assembling a different article of tangible personal property, by the combination of existing materials in a manner commonly regarded as assembling that results in an article or material of a different form, use, or name.

3) The process or activity must be commonly regarded as manufacturing. To be so regarded, it must be thought of as manufacturing by the general public. Generally, the scale, scope and character of a process or operation will be considered to determine if the process or operation is commonly regarded as manufacturing. Manufacturing includes such activities as processing, fabricating and refining.

4) The use of machinery and equipment in any industrial, commercial or business activity that may be distinguished from manufacturing or assembling will not be an exempt use and the machinery and equipment will be subject to tax.

5) Manufacturing generally does not include extractive industrial activities. Logging and drilling for oil, gas, and water neither produce articles of tangible personal property nor effect any significant or substantial change in the form, use or name of the materials or resources upon which they operate. However, the extractive processes of mining or quarrying may constitute manufacturing. See Nokomis Quarry Co. v. Department of Revenue, 295 Ill. App. 3d 264, 692 N.E.2d 855, 860 (5th Dist. 1998) (holding that a calculated blasting method that is performed with specific desired results, which changes limestone deposits into materials with a different form, possessing new qualities or combinations, constitutes manufacturing). Blasting agents, high explosives, detonators, lead-in line and blasting machines are examples of exempt tangible personal property that is often used in the extractive process of quarrying. Equipment used primarily to drill and load holes to place blasting material that fractures

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NOTICE OF EMERGENCY AMENDMENT

aggregate qualifies as manufacturing machinery and equipment. Dredges that are used primarily in a sand and gravel mining operation to pick up and sort materials from a riverbed also qualify for the exemption. Equipment, such as crawler dozers, used primarily to move shot rock after blasting, and wheel loaders, used primarily to load the mined product into off-highway haulage trucks for transport to the crusher-sorter machine, will qualify for the exemption. In addition, wheel loaders used to transport the mined product to the crusher-sorter machine or onto a conveyor system will qualify for the exemption. Machinery and equipment used primarily in activities, such as crushing, washing, sizing and blending, will qualify for the exemption, if the process results in the assembling of an article of tangible personal property with a different form than the material extracted, which possesses new qualities or combinations. Other types of mining and quarrying equipment may be exempt under this subsection (b)(5) if used in qualifying activities.

6) Until July 1, 2017, the printing process is not commonly regarded as manufacturing. Therefore, machinery and equipment used in any printing application will not qualify for the exemption. This includes graphic arts, newspapers, or books, as well as other industrial or commercial applications. Beginning July 1, 2017, the exemption includes machinery and equipment used in graphic arts production. See subsection (g).

7) Agricultural, horticultural and related, similar or comparable activities, including commercial fishing, beekeeping, production of seedlings or seed corn, and the development of hybrid seeds, plants or shoots, are not manufacturing or assembling and, accordingly, machinery and equipment used in such activities is subject to tax. (However, see Section 130.305 for the Farm Machinery and Equipment Exemption.)

8) The preparation of food and beverages by restaurants, food service establishments, and other retailers is not manufacturing.

9) Effective September 1, 1988, manufacturing includes photoprocessing if the products of photoprocessing are sold. Machinery and equipment that would qualify for exemption includes, but is not limited to, developers, dryers, enlargers, mounting machines, roll film splicers, film developing image makers, disc film opening and spindling devices, film indexers, photographic paper exposure equipment, photographic paper developing

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machines, densitometers, print inspection devices, photo print/negative cut assembly stations, film sleeve insertion machines, negative image producers, film coating equipment, photo transparency mounters, processor rack sanitizers, photo print embossers, photo print mounting presses, graphic slide generators, chemical mixing equipment, paper exposure positioning, and holding devices. Cameras and equipment used to take pictures or expose film are not eligible, as the photoprocessing begins after the film is exposed. Retail/net price calculation equipment and chemical reclamation equipment are not considered to be manufacturing machinery and equipment.

1) This exemption exempts from tax only machinery and equipment used in manufacturing or assembling tangible personal property for sale or lease. Thus, the use of machinery and equipment in any industrial, commercial or business activity that may be distinguished from manufacturing or assembling will not be an exempt use and the machinery and equipment will be subject to tax.

2) The manufacturing process is the production of any article of tangible personal property, whether the article is a finished product or an article for use in the process of manufacturing or assembling a different article of tangible personal property, by procedures commonly regarded as manufacturing, processing, fabricating or refining that changes some existing material or materials into a material with a different form, use or name. These changes must result from the process in question and be substantial and significant.

4) Manufacturing generally does not include extractive industrial activities. Logging and drilling for oil, gas, and water neither produce articles of tangible personal property nor effect any significant or substantial change in the form, use or name of the materials or resources upon which they operate. However, the extractive processes of mining or quarrying may

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constitute manufacturing. See Nokomis Quarry Co. v. Department of Revenue, 295 Ill. App. 3d 264, 692 N.E.2d 855, 860 (5th Dist. 1998) (holding that a calculated blasting method that is performed with specific desired results, which changes limestone deposits into materials with a different form, possessing new qualities or combinations, constitutes manufacturing). Blasting agents, high explosives, detonators, lead-in line and blasting machines are examples of exempt tangible personal property that is often used in the extractive process of quarrying. Equipment used primarily to drill and load holes to place blasting material that fractures aggregate qualifies as manufacturing machinery and equipment. Dredges that are used primarily in a sand and gravel mining operation to pick up and sort materials from a riverbed also qualify for the exemption. Equipment, such as crawler dozers, used primarily to move shot rock after blasting, and wheel loaders, used primarily to load the mined product into off-highway haulage trucks for transport to the crusher-sorter machine, will qualify for the exemption. In addition, wheel loaders used to transport the mined product to the crusher-sorter machine or onto a conveyor system will qualify for the exemption. Machinery and equipment used primarily in activities, such as crushing, washing, sizing and blending, will qualify for the exemption, if the process results in the assembling of an article of tangible personal property with a different form than the material extracted, which possesses new qualities or combinations. Other types of mining and quarrying equipment may be exempt under this subsection (b)(4) if used in qualifying activities. (See subsections (c) and (d).)

5) Through June 30, 2017, the printing process is not commonly regarded as manufacturing. Therefore, machinery and equipment used in any printing application will not qualify for exemption. This includes graphic arts, newspapers, books, etc., as well as other industrial or commercial applications.

6) Agricultural, horticultural and related, similar or comparable activities, including commercial fishing, beekeeping, production of seedlings or seed corn, and the development of hybrid seeds, plants or shoots, are not manufacturing or assembling and, accordingly, machinery and equipment used in such activities is subject to tax. (However, see Section 130.305 for the Farm Machinery and Equipment Exemption.)

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7) The preparation of food and beverages by restaurants, food service establishments, and other retailers is not manufacturing.

8) Assembling means the production of any article of tangible personal property, whether that article is a finished product or an article for use in the process of manufacturing or assembling a different article of tangible personal property, by the combination of existing materials in a manner commonly regarded as assembling that results in a material of a different form, use or name.

9) Effective September 1, 1988 manufacturing includes photoprocessing if the products of photoprocessing are sold. Machinery and equipment that would qualify for exemption includes, but are not limited to, developers, dryers, enlargers, mounting machines, roll film splicers, film developing image makers, disc film opening and spindling devices, film indexers, photographic paper exposure equipment, photographic paper developing machines, densitometers, print inspection devices, photo print/negative cut assembly stations, film sleeve insertion machines, negative image producers, film coating equipment, photo transparency mounters, processor rack sanitizers, photo print embossers, photo print mounting presses, graphic slide generators, chemical mixing equipment and paper exposure positioning and holding devices, etc. Cameras and equipment used to take pictures or expose film are not eligible as the photoprocessing begins after the film is exposed. Retail/net price calculation equipment and chemical reclamation equipment are not considered to be manufacturing machinery and equipment. c) Machinery and Equipment. This subsection (c) describes "conventional" machinery and equipment that qualify for the exemption as it was originally enacted. Qualifying items that fall outside this definition of conventional machinery and equipment are described more fully in other subsections of this regulation.

1) The exemption under this subsection (c) applies to machinery and equipment that will be used by the purchaser, or a lessee of the purchaser, primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease. The manufacturing and assembly machinery and equipment exemption also includes machinery and equipment that replaces machinery and equipment in an existing

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manufacturing facility as well as machinery and equipment that are for use in an expanded or new manufacturing facility. The machinery and equipment exemption also includes machinery and equipment used in the general maintenance or repair of exempt machinery and equipment or for in-house manufacture of exempt machinery and equipment.

2) Equipment includes an independent device or tool separate from any machinery but essential to an integrated manufacturing or assembly process; including computers used primarily in a manufacturer's computer assisted design, computer assisted manufacturing (CAD/CAM) system; any subunit or assembly comprising a component of any machinery or auxiliary, adjunct, or attachment parts of machinery, such as tools, dies, jigs, fixtures, patterns, and molds; and any parts that require periodic replacement in the course of normal operation. [Section 2-45 of the Act]

3) By way of illustration and not limitation, machinery and equipment used primarily in the following activities will generally be considered exempt:

A) The use of machinery and equipment to effect a direct and immediate physical change upon the tangible personal property to be sold;

B) The use of machinery and equipment to guide or measure a direct and immediate physical change upon the tangible personal property to be sold, provided this function is an integral and essential part of tuning, verifying, or aligning the component parts of such property;

C) The use of machinery and equipment to inspect, test or measure the tangible personal property to be sold where the function is an integral part of the production flow;

D) The use of machinery and equipment to convey, handle, or transport the tangible personal property to be sold within production stations on the production line or directly between the production stations or buildings within the same plant;

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E) The use of machinery and equipment to place the tangible personal property to be sold into the container, package, or wrapping in which this property is normally sold when the machinery and equipment is used as a part of an integrated manufacturing process;

F) The production or processing of food, including the use of baking equipment such as ovens to bake bread or other bakery items, whether that baking is performed by a central bakery or a retail grocery store;

G) The use of machinery and equipment such as buffers, builders, or vulcanizing equipment to retread tires, whether or not the tire casing is provided by the purchaser.

4) By way of illustration and not limitation, the machinery and equipment used primarily in the following activities will generally not be considered to be exempt:

A) The use of machinery and equipment to transport work in process, or semifinished goods, between plants;

B) The use of machinery or equipment in managerial, sales, or other nonproduction, nonoperational activities including disposal of waste, scrap or residue, production scheduling, work routing, purchasing, receiving, accounting, fiscal management, general communications, plant security, sales, marketing, product exhibition and promotion, or personnel recruitment, selection or training;

C) The use of machinery and equipment in the preparation of food and beverages by a retailer for retail sale, i.e., restaurants, vending machines, food service establishments;

D) The use of machinery and equipment used in the last step of the retail sale. Examples are embroidery or monogramming machines used by tee-shirt retailers or sewing machines used to hem garments sold by a clothing store.

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1) The law exempts only the purchase and use of "machinery" and "equipment" used in manufacturing or assembling. Accordingly, no other type or kind of tangible personal property will qualify for the exemption, even though it may be used primarily in the manufacturing or assembling of tangible personal property for sale or lease.

2) Machinery means major mechanical machines or major components of such machines contributing to a manufacturing or assembling process: including, machinery and equipment used in the general maintenance or repair of such exempt machinery and equipment or for in-house manufacture of exempt machinery and equipment.

3) Equipment includes any independent device or tool separate from any machinery but essential to an integrated manufacturing or assembling process: including computers used primarily in operating exempt machinery and equipment in a computer-assisted design, computer- assisted manufacturing (CAD/CAM) system; or any subunit or assembly comprising a component of any machinery or auxiliary, adjunct, or attachment, parts of machinery, such as tools, dies, jigs, fixtures, patterns and molds, and any parts which require periodic replacement in the course of normal operation. Beginning August 23, 2001, equipment includes computers used primarily in a manufacturer's computer-assisted design, computer-assisted manufacturing (CAD/CAM) system. For example, beginning August 23, 2001, a computer used by a manufacturer 25% of the time in operating exempt machinery and equipment (computer assisted manufacturing − CAM) and 75% of the time in design (computer assisted design − CAD) will now qualify for the exemption. Prior to August 23, 2001, a computer used in the manner described in the preceding sentence would not have qualified for the exemption because it did not primarily (over 50% of the time) operate exempt machinery and equipment. The exemption does not include hand tools, supplies (such as rags, sweeping or cleaning compounds), coolants, lubricants, adhesives, or solvents, items of personal apparel (such as gloves, shoes, glasses, goggles, coveralls, aprons, masks, mask air filters, belts, harnesses, or holsters), coal, fuel oil, electricity, natural gas, artificial gas, steam, refrigerants or water. (Section 2-45 of the Act)

4) The exemption includes the sale of materials to a purchaser who manufactures the materials into an exempted type of machinery or

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equipment or tools that the purchaser uses in the manufacturing of tangible personal property or leases to a manufacturer of tangible personal property. However, the purchaser must maintain adequate records clearly demonstrating the incorporation of these materials into exempt machinery and equipment.

5) Machinery and equipment does not include foundations for, or special purpose buildings to house or support, machinery and equipment.

6) The exemption includes chemicals or chemicals acting as catalysts but only if the chemicals or chemicals acting as catalysts effect a direct and immediate change upon a product being manufactured or assembled for sale or lease. (Section 2-45 of the Act) The following examples are illustrative:

A) Example 1. A chemical acid is used to etch copper off the surface of a printed circuit board during the manufacturing process. The acid causes a direct and immediate change upon the product. The acid qualifies for the exemption.

B) Example 2. An aluminum oxide catalyst is used in a catalytic cracking process to refine heavy gas oil into gasoline. In this process, large molecules of gas oil or feed are broken up into smaller molecules. After the catalyst is injected into the feed and used in the cracking process, it is drawn off and reused in subsequent manufacturing processes. The catalyst qualifies for the exemption.

7) The exemption does not include machinery and equipment used in the generation of electricity for wholesale or retail sale; the generation or treatment of natural or artificial gas for wholesale or retail sale that is delivered to customers through pipes, pipelines, or mains; or the treatment of water for wholesale or retail sale that is delivered to customers through pipes, pipelines, or mains. [35 ILCS 120/2-45] (The provisions set forth in this subsection (c)(7) were established by Public Act 98-0583, which states that the provisions are declaratory of existing law as to the meaning and scope of this exemption.)

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8) The exemption includes computer software used to operate exempt machinery and equipment used in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease. [35 ILCS 120/2-25] d) The exemption includes chemicals or chemicals acting as catalysts but only if the chemicals or chemicals acting as catalysts effect a direct and immediate change upon a product being manufactured or assembled for sale or lease. Effective July 1, 2019, chemicals that do not make a direct and immediate change or act as a catalyst may qualify if they are production related. [35 ILCS 120/2-45 of the Act] The following examples are illustrative:

EXAMPLE 1. A chemical acid is used to etch copper off the surface of a printed circuit board during the manufacturing process. The acid causes a direct and immediate change upon the product. The acid qualifies for the exemption.

EXAMPLE 2. An aluminum oxide catalyst is used in a catalytic cracking process to refine heavy gas oil into gasoline. In this process, large molecules of gas oil or feed are broken up into smaller molecules. After the catalyst is injected into the feed and used in the cracking process, it is drawn off and reused in subsequent manufacturing processes. The catalyst qualifies for the exemption. d) Primary Use

1) The law requires that machinery and equipment be used primarily in manufacturing or assembling. Therefore, machinery that is used primarily in an exempt process and partially in a nonexempt manner would qualify for exemption. However, the purchaser must be able to establish through adequate records that the machinery or equipment is used over 50 percent in an exempt manner in order to claim the deduction.

2) The fact that particular machinery or equipment may be considered essential to the conduct of the business of manufacturing or assembling because its use is required by law or practical necessity does not, of itself, mean that machinery or equipment is used primarily in manufacturing or assembling.

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3) By way of illustration and not limitation, the following activities will generally be considered to constitute an exempt use:

A) The use of machinery or equipment to effect a direct and immediate physical change upon the tangible personal property to be sold;

B) The use of machinery or equipment to guide or measure a direct and immediate physical change upon the tangible personal property to be sold, provided this function is an integral and essential part of tuning, verifying, or aligning the component parts of such property;

C) The use of machinery or equipment to inspect, test or measure the tangible personal property to be sold where the function is an integral part of the production flow;

E) The use of machinery or equipment to place the tangible personal property to be sold into the container, package, or wrapping in which this property is normally sold when the machinery or equipment is used as a part of an integrated manufacturing process;

G) The use of machinery or equipment such as buffers, builders, or vulcanizing equipment to retread tires, whether or not the tire casing is provided by the purchaser.

4) By way of illustration and not limitation, the following activities will generally not be considered to be manufacturing:

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A) The use of machinery or equipment in the construction, reconstruction, alteration, remodeling, servicing, repairing, maintenance or improvement of real estate;

B) The use of machinery or equipment in research and development of new products or production techniques, machinery or equipment;

C) Except as provided in subsection (h)(4)(B), the use of machinery or equipment to store, convey, handle or transport materials or parts or sub-assemblies prior to their entrance into the production cycle;

D) The use of machinery or equipment to store, convey, handle or transport finished articles of tangible personal property to be sold or leased after completion of the production cycle;

E) The use of machinery or equipment to transport work in process, or semifinished goods, between plants;

F) The use of machinery or equipment in managerial, sales, or other nonproduction, nonoperational activities including disposal of waste, scrap or residue, inventory control, production scheduling, work routing, purchasing, receiving, accounting, fiscal management, general communications, plant security, sales, marketing, product exhibition and promotion, or personnel recruitment, selection or training;

G) The use of machinery or equipment to prevent or fight fires or to protect employees, such as protective equipment face masks, helmets, gloves, coveralls, and goggles or for safety, accident protection or first aid, even though the machinery or equipment may be required by law;

H) The use of machinery or equipment for general ventilation, heating, cooling, climate control or general illumination, not required by the manufacturing process;

I) The use of machinery or equipment in the preparation of food and

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beverages by a retailer for retail sale, i.e., restaurants, vending machines, food service establishments;

J) The use of machinery or equipment used in the last step of the retail sale. Examples are paint mixing equipment used by a hardware store, embroidery or monogramming machines used by tee-shirt retailers and a sewing machine used to hem garments sold by a clothing store.

5) An item of machinery or equipment that initially is used primarily in manufacturing or assembling and having been so used for less than one- half of the useful life is converted to primarily nonexempt uses will become subject to tax at the time of the conversion, allowing for reasonable depreciation on the machinery or equipment. e) The exemption includes computer software used to operate exempt machinery and equipment used in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease. [35 ILCS 120/2-25] e) Product Use

1) The statute requires that the product produced as a result of the manufacturing or assembling process be tangible personal property for sale or lease. Accordingly, a manufacturer or assembler who uses any significant portion of the output of its machinery or equipment, either for internal consumption or any other nonexempt use, or a lessor who leases otherwise exempt machinery and equipment to such a manufacturer or assembler, will not be eligible to claim the exemption on that machinery and equipment. No apportionment of production capacity between output for sale or lease and output for self-use will be permitted and no partial exemption for any item of machinery and equipment will be allowed.

2) The production of articles of tangible personal property for sale, a portion of which is diverted by the manufacturer of the property to use as sales samples or as the subjects of quality control testing that renders the articles unfit for sale, will nevertheless be deemed to be production for sale, provided this diversion represents only a small portion of the production of the articles of tangible personal property or of the sale of those articles.

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3) Machinery and equipment used in the performance of a service, such as dry cleaning, is not used in the production of tangible personal property for sale and is thus taxable. However, a manufacturer or assembler who uses machinery and equipment to produce goods for sale or lease by itself or another, or to perform assembly or fabricating work for a customer who retains the manufacturer or assembler only for its services, will not be liable for tax on the machinery and equipment it uses as long as the goods produced either for itself or another are destined for sale or lease, rather than for use and consumption. f) The exemption includes the sale of materials to a purchaser who manufactures the materials into an exempted type of machinery and equipment or tools that the purchaser uses in the manufacturing of tangible personal property or leases to a manufacturer of tangible personal property. However, the purchaser must maintain adequate records clearly demonstrating the incorporation of these materials into exempt machinery and equipment. f) Sales to Lessors of Manufacturers

1) For this exemption to apply, the purchaser need not itself employ the exempt machinery or equipment in manufacturing. If the purchaser leases that machinery or equipment to a lessee-manufacturer who uses it in an exempt manner, the sale to the purchaser-lessor will be exempt from tax. A supplier may exclude these sales from its taxable gross receipts provided the purchaser-lessor provides to the supplier a properly completed exemption certificate and this Section would support an exemption if the sale were made directly to the lessee-manufacturer.

2) Should a purchaser-lessor subsequently lease the machinery or equipment to a lessee who does not use it in a manner that would qualify directly for the exemption, the purchaser-lessor will become liable for the tax, allowing for reasonable depreciation on the machinery or equipment. g) Beginning July 1, 2017, the manufacturing machinery and equipment exemption includes machinery and equipment used primarily in graphic arts production. "Graphic arts production" means the production of tangible personal property for wholesale or retail sale or lease by means of printing, including ink jet printing, by one or more of the processes described in Groups 323110 through 323122 of Subsector 323, Groups 511110 through 511199 of Subsector 511, and Group

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512230 of Subsector 512 of the North American Industry Classification System (NAICS) published by the U.S. Office of Management and Budget, 1997 edition. Graphic arts production does not include the transfer of images onto paper or other tangible personal property by means of photocopying or final printed products in electronic or audio form, including the production of software or audiobooks. Persons engaged primarily in the business of printing or publishing newspapers or magazines that qualify as newsprint and ink, by one or more of the processes described in Groups 511110 through 511199 of subsector 511 of the NAICS published by the U.S. Office of Management and Budget, 1997 edition, are deemed to be engaged in graphic arts production. [35 ILCS 120/2-30]

1) The manufacturing machinery and equipment exemption applies to qualifying machinery and equipment used in graphic arts production processes, as those processes are described in the NAICS and includes repair and replacement parts, both new and used, and including equipment that is manufactured on special order to be used primarily in graphic arts production.

2) Manufacturing includes printing by methods of engraving, letterpress, lithography, gravure, flexography, screen, quick and digital printing. It also includes the printing of manifold business forms, blankbooks, looseleaf binders, books, periodicals and newspapers. Included in graphic arts production are prepress services described in Subsector 323122 of the NAICS (e.g., the creation and preparation of negative or positive film from which plates are produced, plate production, cylinder engraving, typesetting and imagesetting). Also included are trade binding and related printing support activities set forth in Subsector 323121 of the NAICS (e.g., tradebinding, sample mounting and postpress services, such as book or paper bronzing, edging, embossing, folding, gilding, gluing, die cutting, finishing, tabbing and indexing).

3) By way of illustration and not limitation, the following activities will generally be considered graphic arts production:

A) Digital Printing and Quick Printing. This means the printing of graphical text or images by a process utilizing digital technology. It also includes the printing of what is commonly known as "digital photography" (e.g., use of a qualifying integrated computer and printer system to print a digital image). The exemption extends

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only to machinery and equipment, including repair and replacement parts, used in the act of production. Accordingly, no other type or kind of tangible personal property will qualify for the exemption, even though it may be used primarily in the graphic arts business.

B) Prepress or Preliminary Processes. Prepress or preliminary processes include the steps required to transform an original into a state that is ready for reproduction by printing. Prepress or preliminary processes include typesetting, film production, color separation, final photocomposition (e.g., image assembly and imposition (stripping)) and platemaking. Prepress or preliminary processes include the manipulation of images or text in preparation for printing for the purpose of conforming those images to the specific requirements of the printing process being utilized. For example, the images must be conformed for a specific signature layout and formatted to a specific paper size. In addition, colors must be calibrated to the specific type of paper or printing process utilized, so that they conform to customer specifications. Prepress or preliminary processes do not, however, include the creation or artistic enhancement of images that will later be reproduced in printed form by a graphic arts process. For example, the creation of an advertisement pursuant to customer direction, or enhancement of a photograph received from a customer by adding a border, text or rearranging the placement of images in the photograph, is not the performance of a qualifying prepress or preliminary process. Prepress or preliminary processes can be performed at the printing facility, a separate prepress or preliminary facility, the customer's location, or other location. The following are examples of equipment used in qualifying prepress or preliminary activities:

i) Large scale, fixed-position cameras used to photograph two-dimensional copy to produce negatives or positives used in the production of plates; film processors; scanners; imposetters; RIP (raster image processor) equipment; proofing equipment; imagesetters, plate processors, helioklischographs and computer-to-plate and computer-to- press equipment.

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ii) Computers that qualify include computers used primarily to receive, store and manipulate images to conform them to the requirements of a specific printing process that will later be performed. Computers used in connection with what is commonly referred to as "digital photography" will qualify if used primarily to format the graphic image that will be printed (e.g., used to format the size and layout of images to be printed). If the computers are primarily used, however, to apply background colors, borders or other artistic enhancements, or to view and select particular digital images to be printed, they will not qualify for the exemption.

iii) Digital cameras do not qualify if they are used primarily to create an original image that will later be reproduced by a graphic arts process.

iv) Servers used primarily to transfer images and text to qualifying equipment qualify, but do not qualify if used primarily in a nonexempt activity (for example, servers used to maintain an in-house email system).

v) Scanners used primarily to input previously created images or text that will be reproduced by a graphic arts process qualify for the exemption.

C) Transfer of Images or Text from Computers, Plates, Cylinders or Blankets to Paper or Other Stock to be Printed. This process begins when paper is introduced on the press. Examples of qualifying equipment used in this activity include printing plates, printing presses, blankets and rollers, automatic blanket washers, scorers and dies, folders, punchers, stackers, strappers used in the pressroom for signatures, dryers, chillers and cooling towers. Laser or ink jet printers used to print on paper or other stock are also included in this exemption.

i) Equipment used primarily to handle or convey printed materials between production stations in an integrated online graphic arts process is included in the exemption (e.g.,

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a forklift or bindery cart will qualify for the exemption if it is primarily used to convey book covers that have been printed and cut to binding and finishing equipment).

ii) Computer equipment used primarily to operate exempt graphic arts equipment also qualifies for the exemption.

iii) Equipment, such as transformers, used primarily to provide power to qualifying printing presses or bindery lines, qualifies for the exemption. Similarly, heating and cooling machinery and equipment used to produce an environment necessary for the production of printed material qualifies for the exemption. For example, humidity-control equipment used to reduce static during the printing process qualifies for the exemption.

D) Activities Involving the Binding, Collating or Finishing of the Graphic Arts Product. Equipment used in these activities includes, for instance, binders, packers, gatherers, joggers, trimmers, selectronic equipment, blow-in card feeders, inserters, stitchers, gluers, spiral binders, addressing machines, labelers and ink-jet printers.

i) Machinery and equipment used to convey materials to packaging areas after the graphic arts product has been printed, bound and finished qualifies for the exemption. That equipment includes, for instance, conveyor systems, hoists or other conveyance mechanisms used to direct the final printed product into packaging areas.

ii) Machinery and equipment used to package materials after the graphic arts product has been printed, bound and finished qualifies for the exemption. Packaging equipment includes, for instance, cartoning systems, palletizers, stretch wrappers, strappers, shrink tunnels and similar equipment.

4) By way of illustration and not limitation, machinery and equipment used primarily in the following activities will generally not be considered exempt:

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A) The use of machinery and equipment primarily to produce graphic arts items not for wholesale or retail sale or lease (e.g., items produced for internal consumption or items produced and distributed without charge).

B) The use of machinery and equipment (e.g., fork lifts, roll clamps and roll grabbers) to convey raw materials to the press.

C) The use of machinery and equipment to convey materials to final storage or shipping areas. That equipment includes, for instance, fork lifts used primarily to place the packaged printed product into final storage or shipping areas.

D) The use of machinery and equipment to gather information, track jobs or perform data-related functions prior to a qualifying prepress activity (e.g., computers used primarily to edit or create text, data or other copy). That equipment includes items such as inventory tracking devices and bar-code readers.

E) The use of machinery and equipment used primarily to photocopy printed matter. A copier that is capable of printing images or text transmitted to it in digital form may qualify if used primarily in that manner. However, a copier that produces photocopies by means of xerographic technology is subject to tax.

F) The use of machinery and equipment in managerial, sales or other nonproduction, nonoperational activities, including production scheduling, purchasing, receiving, accounting, physical management, general communications, plant security, marketing, or personnel recruitment, selection or training. Waste disposal equipment (e.g., equipment used to contain and recapture paper dust) does not qualify for the exemption.

G) The use of machinery and equipment for general ventilation, heating, cooling, climate control or general illumination, except when the machinery and equipment is used to produce an environment necessary for the production of printed material.

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5) Machinery and equipment that initially is used primarily in graphic arts production and having been so used for less than one-half of its useful life and is converted to primarily nonexempt uses will become subject to the tax at the time of the conversion, allowing for reasonable depreciation on the item of machinery and equipment. g) Exemption Certificates

1) The user of such machinery or equipment and tools shall prepare a certificate of exemption for each transaction stating facts establishing the exemption for that transaction and submit the certificate to the retailer. The certificates shall be retained by the retailer and shall be made available to the Department for inspection or audit. The Department shall prescribe the form of the certificate. If the user has an active registration or resale number, that number may be given in lieu of the prescribed certificate.

2) If a manufacturer or lessor purchases at retail from a vendor who is not registered to collect Illinois Use Tax, the purchaser must prepare and retain in its files, the completed exemption certificate. The exemption certificate shall be available to the Department for inspection or audit.

3) A vendor who makes sales of machinery or equipment to a manufacturer or lessor of a manufacturer must collect Use Tax, and will owe Retailers' Occupation Tax, on that sale unless the purchaser certifies the exempt nature of the purchase to the vendor as set out in this subsection (g). The ST-587 Equipment Exemption Certificate must be submitted in lieu of taxes at the time the taxes are due.

4) In the case of a vendor who makes sales of qualifying machinery or equipment to a contractor who will incorporate it into real estate so that he, the contractor, would be the taxable user (see Sections 130.1940 and 130.2075 of this Part), the purchasing contractor should provide the vendor with a certification that the machinery or equipment will be transferred to a manufacturer as manufacturing machinery or equipment in the performance of a construction contract for the manufacturer. The purchasing contractor should include the manufacturer's name and registration number on the certification when claiming the exemption.

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NOTICE OF EMERGENCY AMENDMENT h) Beginning on July 1, 2019, the manufacturing and assembling machinery and equipment exemption includes production related tangible personal property.

1) Production related tangible personal property means all tangible personal property used or consumed in a production related process by a manufacturer in a manufacturing facility in which a manufacturing process takes place or by a graphic arts producer in graphic arts production. Production related tangible personal property also means all tangible personal property that is used or consumed in research and development regardless of use within or without a manufacturing or graphic arts production facility. [35 ILCS 105/3-85]

2) By way of illustration and not limitation, the following uses of tangible personal property by manufacturers, including graphic arts producers, will be considered production related:

A) Tangible personal property purchased by a manufacturer for incorporation into real estate within a manufacturing facility for use in a production related process; or tangible personal property purchased by a construction contractor for incorporation into real estate within a manufacturing facility for use in a production related process.

B) Supplies and consumables used in a manufacturing process in a manufacturing facility, including fuels, coolants, solvents, oils, lubricants, and adhesives.

C) Hand tools, protective apparel, and fire and safety equipment used or consumed within a manufacturing facility.

D) Tangible personal property used or consumed in a manufacturing facility for purposes of pre-production and post-production material handling, receiving, quality control, inventory control, storage, staging, and packing for shipping or transportation.

E) Fuel used in a ready-mix cement truck to rotate the mixing drum in order to manufacture concrete or cement. However, only the amount of fuel used to rotate the drum will qualify. The amount of fuel used or consumed in transportation of the truck will not

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qualify as production related tangible personal property. The amount of fuel used in a qualifying manner to rotate the drum may be stated as a percentage of the entire amount of fuel used or consumed by the ready-mix truck.

3) By way of illustration and not limitation, the following uses of tangible personal property by manufacturers, including graphic arts producers, will not be considered production related:

A) The use of trucks, trailers and motor vehicles that are required to be titled or registered pursuant to the Illinois Motor Vehicle Code [625 ILCS 5/], and aircraft or watercraft required to be registered with an agency of State or federal government.

B) The use of office supplies, computers, desks, copiers and equipment for sales, purchasing, accounting, fiscal management, marketing and personnel recruitment or selection activities, even if the use takes place within a manufacturing or graphic arts production facility.

C) The use or consumption of tangible personal property for aesthetic or decorative purposes, including landscaping and artwork. h) Beginning July 1, 2017, the manufacturing machinery and equipment exemption includes machinery and equipment used primarily in graphic arts production. "Graphic arts production" means the production of tangible personal property for wholesale or retail sale or lease by means of printing, including ink jet printing, by one or more of the processes described in Groups 323110 through 323122 of Subsector 323, Groups 511110 through 511199 of Subsector 511, and Group 512230 of Subsector 512 of the North American Industry Classification System (NAICS) published by the U.S. Office of Management and Budget, 1997 edition. Graphic arts production does not include the transfer of images onto paper or other tangible personal property by means of photocopying or final printed products in electronic or audio form, including the production of software or audiobooks. Persons engaged primarily in the business of printing or publishing newspapers or magazines that qualify as newsprint and ink, by one or more of the processes described in Groups 511110 through 511199 of subsector 511 of the NAICS published by the U.S. Office of Management and Budget, 1997 edition, are deemed to be engaged in graphic arts production. [35 ILCS 120/2-30]

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1) Subsections (a) through (g) apply fully to graphic arts production, except when the specific provisions of subsection (h) are broader than the provisions of subsections (a) through (g). When the provisions are broader, the provisions of subsection (h) control. For example, subsection (h)(4)(B) provides that equipment used in certain activities performed during prepress or preliminary processes would be considered equipment used in graphic arts production and would qualify for the exemption. In contrast, subsection (d)(4)(C) provides that machinery or equipment used in certain activities prior to entrance into the production cycle would generally not be considered manufacturing and would not qualify for the exemption. Subsection (h)(4)(B) controls.

2) The manufacturing machinery and equipment exemption applies to qualifying machinery and equipment used in graphic arts production processes, as those processes are described in the NAICS and includes repair and replacement parts, both new and used, and including equipment that is manufactured on special order to be used primarily in graphic arts production.

3) Manufacturing includes printing by methods of engraving, letterpress, lithography, gravure, flexography, screen, quick and digital printing. It also includes the printing of manifold business forms, blankbooks, looseleaf binders, books, periodicals and newspapers. Included in graphic arts production are prepress services described in Subsector 323122 of the NAICS (e.g., the creation and preparation of negative or positive film from which plates are produced, plate production, cylinder engraving, typesetting and imagesetting). Also included are trade binding and related printing support activities set forth in Subsector 323121 of the NAICS (e.g., tradebinding, sample mounting and postpress services, such as book or paper bronzing, edging, embossing, folding, gilding, gluing, die cutting, finishing, tabbing and indexing).

4) By way of illustration and not limitation, the following activities will generally be considered graphic arts production:

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photography" (e.g., use of a qualifying integrated computer and printer system to print a digital image). The exemption extends only to machinery and equipment, including repair and replacement parts, used in the act of production. Accordingly, no other type or kind of tangible personal property will qualify for the exemption, even though it may be used primarily in the graphic arts business.

i) Large scale, fixed-position cameras used to photograph two dimensional copy to produce negatives or positives used in the production of plates; film processors; scanners; imposetters; RIP (raster image processor) equipment; proofing equipment; imagesetters, plate processors,

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helioklischographs and computer-to-plate and computer-to- press equipment.

iii) Digital cameras do not qualify if they are used primarily to create an original image that will later be reproduced by a graphic arts process.

v) Scanners used primarily to input previously created images or text that will be reproduced by a graphic arts process qualify for the exemption.

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i) Equipment used primarily to handle or convey printed materials between production stations in an integrated online graphic arts process is included in the exemption (e.g., a forklift or bindery cart will qualify for the exemption if it is primarily used to convey book covers that have been printed and cut to binding and finishing equipment).

ii) Computer equipment used primarily to operate exempt graphic arts equipment also qualifies for the exemption.

iii) Equipment, such as transformers, used primarily to provide power to qualifying printing presses or bindery lines, qualifies for the exemption. Similarly, heating and cooling machinery or equipment used to produce an environment necessary for the production of printed material qualifies for the exemption. For example, humidity-control equipment used to reduce static during the printing process qualifies for the exemption.

i) Machinery or equipment used to convey materials to packaging areas after the graphic arts product has been printed, bound and finished qualifies for the exemption. That equipment includes, for instance, conveyor systems, hoists or other conveyance mechanisms used to direct the final printed product into packaging areas.

ii) Machinery or equipment used to package materials after the graphic arts product has been printed, bound and finished qualifies for the exemption. Packaging equipment includes, for instance, cartoning systems, palletizers, stretch wrappers, strappers, shrink tunnels and similar equipment.

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5) By way of illustration and not limitation, the following activities will generally not be considered to be graphic arts production:

A) The use of machinery or equipment primarily to produce graphic arts items not for wholesale, retail sale, or lease (e.g., items produced for internal consumption or items produced and distributed without charge).

B) The use of machinery and equipment (e.g., fork lifts, roll clamps and roll grabbers) to convey raw materials to the press.

C) The use of machinery or equipment to convey materials to final storage or shipping areas. That equipment includes, for instance, fork lifts used primarily to place the packaged printed product into final storage or shipping areas.

D) The use of machinery or equipment to gather information, track jobs or perform data-related functions prior to a qualifying prepress activity (e.g., computers used primarily to edit or create text, data or other copy). That equipment includes items such as inventory tracking devices and bar-code readers.

E) The use of machinery or equipment used primarily to photocopy printed matter. A copier that is capable of printing images or text transmitted to it in digital form may qualify if used primarily in that manner. However, a copier that produces photocopies by means of xerographic technology is subject to tax.

F) The use of machinery or equipment in managerial, sales or other nonproduction, nonoperational activities, including inventory control, production scheduling, purchasing, receiving, accounting, physical management, general communications, plant security, marketing, or personnel recruitment, selection or training. Waste disposal equipment (e.g., equipment used to contain and recapture paper dust) does not qualify for the exemption.

G) The use of machinery and equipment to prevent or fight fires or to protect employees, such as protective masks, respirators, first-aid

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kits, gloves, coveralls and goggles, or for safety, accident protection or first-aid, even though that machinery or equipment may be required by law.

H) The use of machinery or equipment for general ventilation, heating, cooling, climate control or general illumination, except when the machinery or equipment is used to produce an environment necessary for the production of printed material.

6) Machinery or equipment that initially is used primarily in graphic arts production and having been so used for less than one-half of the useful life and is converted to primarily nonexempt uses will become subject to the tax at the time of the conversion, allowing for reasonable depreciation on the item of machinery or equipment.

7) Sales to Lessors of Graphic Arts Equipment. The statute provides for the purchase of graphic arts machinery and equipment by lessors who will lease that machinery and equipment for use in graphic arts production. Therefore, if the purchaser of the machinery or equipment leases the machinery and equipment to a lessee who uses it in an exempt manner, the sale to the purchaser-lessor will be exempt from tax. A supplier may exclude these sales from his or her taxable gross receipts provided that the purchaser-lessor provides to him or her a properly completed exemption certificate and the information contained in the certificate would support an exemption if the sale were made directly to the lessee. Should a purchaser-lessor subsequently lease the machinery or equipment to a lessee who does not primarily use it in an exempt manner, at the time the machinery and equipment is converted to primarily nonexempt uses, the purchaser-lessor is liable for tax at the time of conversion, allowing for reasonable depreciation on the machinery or equipment.

8) Exemption Certification. Purchasers wishing to claim the manufacturing machinery and equipment exemption shall prepare a certificate of exemption as provided in subsection (g). i) Sales to Lessors

1) For the exemption to apply, the purchaser need not itself employ the exempt machinery and equipment in manufacturing. If the purchaser

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leases that machinery and equipment to a lessee-manufacturer who uses it in an exempt manner, the sale to the purchaser-lessor will be exempt from tax. A vendor may exclude these sales from its taxable gross receipts provided the purchaser-lessor provides the vendor with a properly completed exemption certificate and this Section would support an exemption if the sale were made directly to the lessee-manufacturer.

2) If a purchaser-lessor subsequently leases the machinery and equipment to a lessee who does not use it in a manner that would qualify directly for the exemption, the purchaser-lessor will become liable for the tax, allowing for reasonable depreciation on the machinery and equipment.

i) Opinions and Rulings Informal ruling and opinion letters issued by the Department regarding the coverage and applicability of this exemption to specific devices will be maintained by the Department in Springfield. They will be available for public inspection and may be copied or reproduced at taxpayer's expense. Trade secrets or other confidential information in these letters will be deleted prior to release to public access files. j) Exemption Certificates

1) A vendor that makes sales of machinery and equipment to a manufacturer or lessor of a manufacturer incurs Retailers' Occupation Tax on that sale and must collect Use Tax unless the purchaser certifies the exempt nature of the purchase to the vendor as set out in this subsection (j).

2) The user of qualifying machinery and equipment shall prepare a certificate of exemption for each transaction stating facts establishing the exemption for that transaction and submit the certificate to the vendor. If the user has an active registration or resale number, that number may be given in lieu of the prescribed certificate. [35 ILCS 120/2-45] Certificates shall be retained by the vendor and shall be made available to the Department for inspection or audit. The Department shall prescribe the form of the certificate.

3) If a manufacturer or lessor purchases at retail from a vendor who is not registered to collect Illinois Use Tax, the purchaser must prepare the

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completed exemption certificate and retain it in its files. The exemption certificate shall be available to the Department for inspection or audit.

4) In the case of a vendor who makes sales of qualifying machinery and equipment to a contractor who will incorporate it into real estate so that the contractor, itself, would be the taxable user (see Sections 130.1940 and 130.2075 of this Part), the purchasing contractor should provide the vendor with a certification that the machinery and equipment will be transferred to a manufacturer as manufacturing machinery and equipment in the performance of a construction contract for the manufacturer. The purchasing contractor should include the manufacturer's name and registration number on the certification when claiming the exemption. k) The exemption does not include machinery and equipment used in the generation of electricity for wholesale or retail sale; the generation or treatment of natural or artificial gas for wholesale or retail sale that is delivered to customers through pipes, pipelines, or mains; or the treatment of water for wholesale or retail sale that is delivered to customers through pipes, pipelines, or mains. [35 ILCS 120/2- 45] (The provisions set forth in this subsection (k) were established by Public Act 98-0583, which states that the provisions are declaratory of existing law as to the meaning and scope of this exemption.) l) Opinions and Rulings Informal ruling and opinion letters issued by the Department regarding the coverage and applicability of this exemption to specific devices will be maintained by the Department in Springfield. They will be available for public inspection and may be copied or reproduced at taxpayer's expense. Trade secrets or other confidential information in these letters will be deleted prior to release to public access files.

(Source: Amended by emergency rulemaking at 43 Ill. Reg. 9841, effective August 21, 2019, for a maximum of 150 days)

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1) Heading of the Part: Pay Plan

2) Code Citation: 80 Ill. Adm. Code 310

3) Section Numbers: Peremptory Actions: 310.47 Amendment 310.Appendix A Table A Amendment

4) Reference to the Specific State or Federal Court Order, Federal Rule or Statute which Requires this Peremptory Rulemaking: The Department of Central Management Services (CMS) is amending the Pay Plan (80 Ill. Adm. Code 310) Sections 310.47 and 310.Appendix A Table A to reflect an Agreement between the State of Illinois – Department of Central Management Services (Natural Resources) and the Illinois Fraternal Order of Police (FOP) Labor Council signed July 31, 2019. The Agreement is effective July 1, 2015 and shall continue in full force and effect until midnight June 30, 2023, and thereafter from year-to-year unless not more than 180, but not less than 60 days prior to June 30, 2023, or any subsequent June 30, either party gives written notice to the other of its intention to amend or terminate the Agreement. Pay provisions in the Agreement or its attached memoranda of understandings include: determination of RC- 104 pay grade assignment to a classification; clothing and equipment reimbursement; salary history rebuild and backpay; effective June 30, 2019, a one-time stipend of $2,500 prorated by 25% for each year the employee was employed from July 1, 2015 through June 30, 2019; in-hire rate for new bargaining unit members effective July 31, 2019; 1.50%, 2.10%, 3.95%, and 3.95% increases effective January 1, 2020, July 1, 2020, July 1, 2021, and July 1, 2022, respectively, to the salary scales for all positions; and annual step increases for Steps 1 through 7 and longevity bonuses at the beginning of 9, 10, 12.5, 14, 15, 17.5, 20, 21, 22.5, and 25 years of years of service.

5) Statutory Authority: Authorized by Sections 8, 8a and 9(7) of the Personnel Code [20 ILCS 415/8, 20 ILCS 415/8a and 20 ILCS 415/9(7)], subsection (d) of Section 1‑5 of the Illinois Administrative Procedure Act [5 ILCS 100/1-5(d)] and by Sections 4, 6, 15 and 21 of the Illinois Public Labor Relations Act [5 ILCS 315/4, 5 ILCS 315/6, 5 ILCS 315/15 and 5 ILCS 315/21].

6) Effective Date: August 21, 2019

7) A Complete Description of the Subjects and Issues Involved: In Section 310.47(f)(1)(B), the Conservation Police Lieutenant and Conservation Police Sergeant titles are added with the explanation of the calculation of their in-hire rates. To accommodate the

ILLINOIS REGISTER 9887 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

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explanation for the Conservation Police Lieutenant and Conservation Police Sergeant titles' in-hire rates earlier in the text, the explanation for the Storekeeper I and Storekeeper II titles is referenced with two asterisks.

In Section 310.Appendix A Table A, notes for the following are added: Determination of Pay Grade Assignment to Classification; Step Placement; Stipend; Satisfactory Performance Increase (Step Increase); and Clothing and Equipment Reimbursement. The In-Hire Rate Note is updated, and the Supervisory Enhancement Note is removed. The Rate Tables and Longevity Bonus Rate Tables effective July 1, 2015, January 1, 2020, July 1, 2020, July 1, 2021 and July 1, 2022 are added. The Rate Table and Longevity Bonus Rate Table effective July 1, 2014 are removed.

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

9) Date Filed with the Index Department: August 21, 2019

10) This and other Pay Plan amendments are available in the Division of Technical Services of the Bureau of Personnel.

11) Is this in compliance with Section 5-50 of the Illinois Administrative Procedure Act? Yes

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

13) Statement of Statewide Policy Objective: The amendments to the Pay Plan affect only the employees subject to the Personnel Code and do not set out any guidelines that affect local or other jurisdictions in the State.

14) Information and questions regarding these peremptory rules shall be directed to:

Ms. Lisa Fendrich Compensation Section Division of Technical Services Bureau of Personnel Department of Central Management Services 504 William G. Stratton Building Springfield IL 62706

217/782-7976

ILLINOIS REGISTER 9888 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

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fax: 217/524-4570 [email protected]

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

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TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

PART 310 PAY PLAN

SUBPART A: NARRATIVE

Section 310.20 Policy and Responsibilities 310.30 Jurisdiction 310.40 Pay Schedules 310.45 Comparison of Pay Grades or Salary Ranges Assigned to Classifications 310.47 In-Hire Rate 310.50 Definitions 310.60 Conversion of Base Salary to Pay Period Units 310.70 Conversion of Base Salary to Daily or Hourly Equivalents 310.80 Increases in Pay 310.90 Decreases in Pay 310.100 Other Pay Provisions 310.110 Implementation of Pay Plan Changes (Repealed) 310.120 Interpretation and Application of Pay Plan 310.130 Effective Date 310.140 Reinstitution of Within Grade Salary Increases (Repealed) 310.150 Fiscal Year 1985 Pay Changes in Schedule of Salary Grades, effective July 1, 1984 (Repealed)

SUBPART B: SCHEDULE OF RATES

Section 310.205 Introduction 310.210 Prevailing Rate 310.220 Negotiated Rate 310.230 Part-Time Daily or Hourly Special Services Rate (Repealed) 310.240 Daily or Hourly Rate Conversion 310.250 Member, Patient and Inmate Rate 310.260 Trainee Rate

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310.270 Legislated Rate (Repealed) 310.280 Designated Rate 310.290 Out-of-State Rate (Repealed) 310.295 Foreign Service Rate (Repealed) 310.300 Educator Schedule for RC-063 and HR-010 310.310 Physician Specialist Rate 310.320 Annual Compensation Ranges for Executive Director and Assistant Executive Director, State Board of Elections (Repealed) 310.330 Excluded Classes Rate (Repealed)

SUBPART C: MERIT COMPENSATION SYSTEM

Section 310.410 Jurisdiction 310.415 Merit Compensation Salary Range Assignments 310.420 Objectives 310.430 Responsibilities 310.440 Merit Compensation Salary Schedule 310.450 Procedures for Determining Annual Merit Increases and Bonuses 310.455 Intermittent Merit Increase (Repealed) 310.456 Merit Zone (Repealed) 310.460 Other Pay Increases 310.470 Adjustment 310.480 Decreases in Pay 310.490 Other Pay Provisions 310.495 Broad-Band Pay Range Classes 310.500 Definitions 310.510 Conversion of Base Salary to Pay Period Units (Repealed) 310.520 Conversion of Base Salary to Daily or Hourly Equivalents 310.530 Implementation 310.540 Annual Merit Increase and Bonus Guidechart 310.550 Fiscal Year 1985 Pay Changes in Merit Compensation System, effective July 1, 1984 (Repealed) 310.560 Merit Incentive Program 310.570 Gain Sharing Program

SUBPART D: FROZEN NEGOTIATED-RATES-OF-PAY DUE TO FISCAL YEAR APPROPRIATIONS AND EXPIRED SALARY SCHEDULES IN COLLECTIVE BARGAINING UNIT AGREEMENTS

ILLINOIS REGISTER 9891 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

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Section 310.600 Jurisdiction (Repealed) 310.610 Pay Schedules (Repealed) 310.620 In-Hiring Rate (Repealed) 310.630 Definitions (Repealed) 310.640 Increases in Pay (Repealed) 310.650 Other Pay Provisions (Repealed) 310.660 Effective Date (Repealed) 310.670 Negotiated Rate (Repealed) 310.680 Trainee Rate (Repealed) 310.690 Educator Schedule for Frozen RC-063 and Frozen HR-010 (Repealed)

310.APPENDIX A Negotiated Rates of Pay 310.TABLE A RC-104 (Conservation Police Supervisors, Illinois Fraternal Order of Police Labor Council) 310.TABLE B VR-706 (Assistant Automotive Shop Supervisors, Automotive Shop Supervisors and Meat and Poultry Inspector Supervisors, Laborers' − ISEA Local #2002) 310.TABLE C RC-056 (Site Superintendents and Departments of Veterans' Affairs, Natural Resources, Human Services and Agriculture and Historic Preservation Agency Managers, IFPE) 310.TABLE D HR-001 (Teamsters Local #700) 310.TABLE E RC-020 (Teamsters Locals #330 and #705) 310.TABLE F RC-019 (Teamsters Local #25) 310.TABLE G RC-045 (Automotive Mechanics, IFPE) 310.TABLE H RC-006 (Corrections Employees, AFSCME) 310.TABLE I RC-009 (Institutional Employees, AFSCME) 310.TABLE J RC-014 (Clerical Employees, AFSCME) 310.TABLE K RC-023 (Registered Nurses, INA) 310.TABLE L RC-008 (Boilermakers) 310.TABLE M RC-110 (Conservation Police Lodge) 310.TABLE N RC-010 (Professional Legal Unit, AFSCME) 310.TABLE O RC-028 (Paraprofessional Human Services Employees, AFSCME) 310.TABLE P RC-029 (Paraprofessional Investigatory and Law Enforcement Employees, Meat and Poultry Inspectors and Meat and Poultry Inspector Trainees, IFPE) 310.TABLE Q RC-033 (Meat Inspectors, IFPE) (Repealed) 310.TABLE R RC-042 (Residual Maintenance Workers, AFSCME) 310.TABLE S VR-704 (Departments of Corrections, Financial and Professional

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Regulation, Juvenile Justice and State Police Supervisors, Laborers' – ISEA Local #2002) 310.TABLE T HR-010 (Teachers of Deaf, IFT) 310.TABLE U HR-010 (Teachers of Deaf, Extracurricular Paid Activities) 310.TABLE V CU-500 (Corrections Meet and Confer Employees) 310.TABLE W RC-062 (Technical Employees, AFSCME) 310.TABLE X RC-063 (Professional Employees, AFSCME) 310.TABLE Y RC-063 (Educators, Juvenile Justice School Counselors and Special Education Resources Coordinators, AFSCME) 310.TABLE Z RC-063 (Physicians, AFSCME) 310.TABLE AA NR-916 (Departments of Central Management Services, Natural Resources and Transportation, Teamsters) 310.TABLE AB RC-150 (Public Service Administrators Option 6, AFSCME) (Repealed) 310.TABLE AC RC-036 (Public Service Administrators Option 8L Department of Healthcare and Family Services, INA) 310.TABLE AD RC-184 (Blasting Experts, Blasting Specialists and Blasting Supervisors Department of Natural Resources, SEIU Local 73) 310.TABLE AE RC-090 (Internal Security Investigators, Metropolitan Alliance of Police Chapter 294) (Repealed) 310.APPENDIX B Frozen Negotiated-Rates-of-Pay (Repealed) 310.TABLE A Frozen RC-104-Rates-of-Pay (Conservation Police Supervisors, Laborers' – ISEA Local #2002) (Repealed) 310.TABLE C Frozen RC-056-Rates-of-Pay (Site Superintendents and Departments of Veterans' Affairs, Natural Resources, Human Services and Agriculture and Historic Preservation Agency Managers, IFPE) (Repealed) 310.TABLE H Frozen RC-006-Rates-of-Pay (Corrections Employees, AFSCME) (Repealed) 310.TABLE I Frozen RC-009-Rates-of-Pay (Institutional Employees, AFSCME) (Repealed) 310.TABLE J Frozen RC-014-Rates-of-Pay (Clerical Employees, AFSCME) (Repealed) 310.TABLE K Frozen RC-023-Rates-of-Pay (Registered Nurses, INA) (Repealed) 310.TABLE M Frozen RC-110-Rates-of-Pay (Conservation Police Lodge) (Repealed) 310.TABLE N Frozen RC-010 (Professional Legal Unit, AFSCME) (Repealed) 310.TABLE O Frozen RC-028-Rates-of-Pay (Paraprofessional Human Services Employees, AFSCME) (Repealed)

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310.TABLE P Frozen RC-029-Rates-of-Pay (Paraprofessional Investigatory and Law Enforcement Employees, IFPE) (Repealed) 310.TABLE R Frozen RC-042-Rates-of-Pay (Residual Maintenance Workers, AFSCME) (Repealed) 310.TABLE S Frozen VR-704-Rates-of-Pay (Departments of Corrections, Financial and Professional Regulation, Juvenile Justice and State Police Supervisors, Laborers' – ISEA Local #2002) (Repealed) 310.TABLE T Frozen HR-010-Rates-of-Pay (Teachers of Deaf, IFT) (Repealed) 310.TABLE V Frozen CU-500-Rates-of-Pay (Corrections Meet and Confer Employees) (Repealed) 310.TABLE W Frozen RC-062-Rates-of-Pay (Technical Employees, AFSCME) (Repealed) 310.TABLE X Frozen RC-063-Rates-of-Pay (Professional Employees, AFSCME) (Repealed) 310.TABLE Y Frozen RC-063-Rates-of-Pay (Educators and Educator Trainees, AFSCME) (Repealed) 310.TABLE Z Frozen RC-063-Rates-of-Pay (Physicians, AFSCME) (Repealed) 310.TABLE AB Frozen RC-150-Rates-of-Pay (Public Service Administrators Option 6, AFSCME) (Repealed) 310.TABLE AD Frozen RC-184-Rates-of-Pay (Public Service Administrators Option 8X Department of Natural Resources, SEIU Local 73) (Repealed) 310.TABLE AE Frozen RC-090-Rates-of-Pay (Internal Security Investigators, Metropolitan Alliance of Police Chapter 294) (Repealed) 310.APPENDIX C Comparison of Pay Grades or Salary Ranges Assigned to Classifications 310.ILLUSTRATION A Classification Comparison Flow Chart: Both Classes are Whole 310.ILLUSTRATION B Classification Comparison Flow Chart: One Class is Whole and One is Divided 310.ILLUSTRATION C Classification Comparison Flow Chart: Both Classes are Divided 310.APPENDIX D Merit Compensation System Salary Schedule 310.APPENDIX E Teaching Salary Schedule (Repealed) 310.APPENDIX F Physician and Physician Specialist Salary Schedule (Repealed) 310.APPENDIX G Broad-Band Pay Range Classes Salary Schedule

AUTHORITY: Implementing and authorized by Sections 8 and 8a of the Personnel Code [20 ILCS 415/8 and 8a].

ILLINOIS REGISTER 9894 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

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SOURCE: Filed June 28, 1967; codified at 8 Ill. Reg. 1558; emergency amendment at 8 Ill. Reg. 1990, effective January 31, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 2440, effective February 15, 1984; emergency amendment at 8 Ill. Reg. 3348, effective March 5, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 4249, effective March 16, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 5704, effective April 16, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 7290, effective May 11, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 11299, effective June 25, 1984; emergency amendment at 8 Ill. Reg. 12616, effective July 1, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 15007, effective August 6, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 15367, effective August 13, 1984; emergency amendment at 8 Ill. Reg. 21310, effective October 10, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 21544, effective October 24, 1984; amended at 8 Ill. Reg. 22844, effective November 14, 1984; emergency amendment at 9 Ill. Reg. 1134, effective January 16, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 1320, effective January 23, 1985; amended at 9 Ill. Reg. 3681, effective March 12, 1985; emergency amendment at 9 Ill. Reg. 4163, effective March 15, 1985, for a maximum of 150 days; emergency amendment at 9 Ill. Reg. 9231, effective May 31, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 9420, effective June 7, 1985; amended at 9 Ill. Reg. 10663, effective July 1, 1985; emergency amendment at 9 Ill. Reg. 15043, effective September 24, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 3230, effective January 24, 1986; peremptory amendment at 10 Ill. Reg. 3325, effective January 22, 1986; emergency amendment at 10 Ill. Reg. 8904, effective May 13, 1986, for a maximum of 150 days; peremptory amendment at 10 Ill. Reg. 8928, effective May 13, 1986; emergency amendment at 10 Ill. Reg. 12090, effective June 30, 1986, for a maximum of 150 days; peremptory amendment at 10 Ill. Reg. 13675, effective July 31, 1986; peremptory amendment at 10 Ill. Reg. 14867, effective August 26, 1986; amended at 10 Ill. Reg. 15567, effective September 17, 1986; emergency amendment at 10 Ill. Reg. 17765, effective September 30, 1986, for a maximum of 150 days; peremptory amendment at 10 Ill. Reg. 19132, effective October 28, 1986; peremptory amendment at 10 Ill. Reg. 21097, effective December 9, 1986; amended at 11 Ill. Reg. 648, effective December 22, 1986; peremptory amendment at 11 Ill. Reg. 3363, effective February 3, 1987; peremptory amendment at 11 Ill. Reg. 4388, effective February 27, 1987; peremptory amendment at 11 Ill. Reg. 6291, effective March 23, 1987; amended at 11 Ill. Reg. 5901, effective March 24, 1987; emergency amendment at 11 Ill. Reg. 8787, effective April 15, 1987, for a maximum of 150 days; emergency amendment at 11 Ill. Reg. 11830, effective July 1, 1987, for a maximum of 150 days; peremptory amendment at 11 Ill. Reg. 13675, effective July 29, 1987; amended at 11 Ill. Reg. 14984, effective August 27, 1987; peremptory amendment at 11 Ill. Reg. 15273, effective September 1, 1987; peremptory amendment at 11 Ill. Reg. 17919, effective October 19, 1987; peremptory amendment at 11 Ill. Reg. 19812, effective November 19, 1987; emergency amendment at 11 Ill. Reg. 20664, effective December 4, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 20778, effective December 11, 1987; peremptory

ILLINOIS REGISTER 9895 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS amendment at 12 Ill. Reg. 3811, effective January 27, 1988; peremptory amendment at 12 Ill. Reg. 5459, effective March 3, 1988; amended at 12 Ill. Reg. 6073, effective March 21, 1988; emergency amendment at 12 Ill. Reg. 7734, effective April 15, 1988, for a maximum of 150 days; peremptory amendment at 12 Ill. Reg. 7783, effective April 14, 1988; peremptory amendment at 12 Ill. Reg. 8135, effective April 22, 1988; peremptory amendment at 12 Ill. Reg. 9745, effective May 23, 1988; emergency amendment at 12 Ill. Reg. 11778, effective July 1, 1988, for a maximum of 150 days; emergency amendment at 12 Ill. Reg. 12895, effective July 18, 1988, for a maximum of 150 days; peremptory amendment at 12 Ill. Reg. 13306, effective July 27, 1988; corrected at 12 Ill. Reg. 13359; amended at 12 Ill. Reg. 14630, effective September 6, 1988; amended at 12 Ill. Reg. 20449, effective November 28, 1988; peremptory amendment at 12 Ill. Reg. 20584, effective November 28, 1988; peremptory amendment at 13 Ill. Reg. 8080, effective May 10, 1989; amended at 13 Ill. Reg. 8849, effective May 30, 1989; peremptory amendment at 13 Ill. Reg. 8970, effective May 26, 1989; emergency amendment at 13 Ill. Reg. 10967, effective June 20, 1989, for a maximum of 150 days; emergency amendment expired November 17, 1989; amended at 13 Ill. Reg. 11451, effective June 28, 1989; emergency amendment at 13 Ill. Reg. 11854, effective July 1, 1989, for a maximum of 150 days; corrected at 13 Ill. Reg. 12647; peremptory amendment at 13 Ill. Reg. 12887, effective July 24, 1989; amended at 13 Ill. Reg. 16950, effective October 20, 1989; amended at 13 Ill. Reg. 19221, effective December 12, 1989; amended at 14 Ill. Reg. 615, effective January 2, 1990; peremptory amendment at 14 Ill. Reg. 1627, effective January 11, 1990; amended at 14 Ill. Reg. 4455, effective March 12, 1990; peremptory amendment at 14 Ill. Reg. 7652, effective May 7, 1990; amended at 14 Ill. Reg. 10002, effective June 11, 1990; emergency amendment at 14 Ill. Reg. 11330, effective June 29, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 14361, effective August 24, 1990; emergency amendment at 14 Ill. Reg. 15570, effective September 11, 1990, for a maximum of 150 days; emergency amendment expired February 8, 1991; corrected at 14 Ill. Reg. 16092; peremptory amendment at 14 Ill. Reg. 17098, effective September 26, 1990; amended at 14 Ill. Reg. 17189, effective October 2, 1990; amended at 14 Ill. Reg. 17189, effective October 19, 1990; amended at 14 Ill. Reg. 18719, effective November 13, 1990; peremptory amendment at 14 Ill. Reg. 18854, effective November 13, 1990; peremptory amendment at 15 Ill. Reg. 663, effective January 7, 1991; amended at 15 Ill. Reg. 3296, effective February 14, 1991; amended at 15 Ill. Reg. 4401, effective March 11, 1991; peremptory amendment at 15 Ill. Reg. 5100, effective March 20, 1991; peremptory amendment at 15 Ill. Reg. 5465, effective April 2, 1991; emergency amendment at 15 Ill. Reg. 10485, effective July 1, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 11080, effective July 19, 1991; amended at 15 Ill. Reg. 13080, effective August 21, 1991; amended at 15 Ill. Reg. 14210, effective September 23, 1991; emergency amendment at 16 Ill. Reg. 711, effective December 26, 1991, for a maximum of 150 days; amended at 16 Ill. Reg. 3450, effective February 20, 1992; peremptory amendment at 16 Ill. Reg. 5068, effective March 11, 1992; peremptory amendment at 16 Ill. Reg. 7056, effective April 20, 1992; emergency amendment at 16 Ill. Reg. 8239,

ILLINOIS REGISTER 9896 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS effective May 19, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 8382, effective May 26, 1992; emergency amendment at 16 Ill. Reg. 13950, effective August 19, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 14452, effective September 4, 1992, for a maximum of 150 days; amended at 17 Ill. Reg. 238, effective December 23, 1992; peremptory amendment at 17 Ill. Reg. 498, effective December 18, 1992; amended at 17 Ill. Reg. 590, effective January 4, 1993; amended at 17 Ill. Reg. 1819, effective February 2, 1993; amended at 17 Ill. Reg. 6441, effective April 8, 1993; emergency amendment at 17 Ill. Reg. 12900, effective July 22, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 13409, effective July 29, 1993; emergency amendment at 17 Ill. Reg. 13789, effective August 9, 1993, for a maximum of 150 days; emergency amendment at 17 Ill. Reg. 14666, effective August 26, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 19103, effective October 25, 1993; emergency amendment at 17 Ill. Reg. 21858, effective December 1, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 22514, effective December 15, 1993; amended at 18 Ill. Reg. 227, effective December 17, 1993; amended at 18 Ill. Reg. 1107, effective January 18, 1994; amended at 18 Ill. Reg. 5146, effective March 21, 1994; peremptory amendment at 18 Ill. Reg. 9562, effective June 13, 1994; emergency amendment at 18 Ill. Reg. 11299, effective July 1, 1994, for a maximum of 150 days; peremptory amendment at 18 Ill. Reg. 13476, effective August 17, 1994; emergency amendment at 18 Ill. Reg. 14417, effective September 9, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 16545, effective October 31, 1994; peremptory amendment at 18 Ill. Reg. 16708, effective October 28, 1994; amended at 18 Ill. Reg. 17191, effective November 21, 1994; amended at 19 Ill. Reg. 1024, effective January 24, 1995; peremptory amendment at 19 Ill. Reg. 2481, effective February 17, 1995; peremptory amendment at 19 Ill. Reg. 3073, effective February 17, 1995; amended at 19 Ill. Reg. 3456, effective March 7, 1995; peremptory amendment at 19 Ill. Reg. 5145, effective March 14, 1995; amended at 19 Ill. Reg. 6452, effective May 2, 1995; peremptory amendment at 19 Ill. Reg. 6688, effective May 1, 1995; amended at 19 Ill. Reg. 7841, effective June 1, 1995; amended at 19 Ill. Reg. 8156, effective June 12, 1995; amended at 19 Ill. Reg. 9096, effective June 27, 1995; emergency amendment at 19 Ill. Reg. 11954, effective August 1, 1995, for a maximum of 150 days; peremptory amendment at 19 Ill. Reg. 13979, effective September 19, 1995; peremptory amendment at 19 Ill. Reg. 15103, effective October 12, 1995; amended at 19 Ill. Reg. 16160, effective November 28, 1995; amended at 20 Ill. Reg. 308, effective December 22, 1995; emergency amendment at 20 Ill. Reg. 4060, effective February 27, 1996, for a maximum of 150 days; peremptory amendment at 20 Ill. Reg. 6334, effective April 22, 1996; peremptory amendment at 20 Ill. Reg. 7434, effective May 14, 1996; amended at 20 Ill. Reg. 8301, effective June 11, 1996; amended at 20 Ill. Reg. 8657, effective June 20, 1996; amended at 20 Ill. Reg. 9006, effective June 26, 1996; amended at 20 Ill. Reg. 9925, effective July 10, 1996; emergency amendment at 20 Ill. Reg. 10213, effective July 15, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 10841, effective August 5, 1996; peremptory amendment at 20 Ill. Reg. 13408, effective September 24, 1996; amended at 20 Ill. Reg. 15018, effective November 7, 1996; peremptory amendment at 20

ILLINOIS REGISTER 9897 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

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Ill. Reg. 15092, effective November 7, 1996; emergency amendment at 21 Ill. Reg. 1023, effective January 6, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 1629, effective January 22, 1997; amended at 21 Ill. Reg. 5144, effective April 15, 1997; amended at 21 Ill. Reg. 6444, effective May 15, 1997; amended at 21 Ill. Reg. 7118, effective June 3, 1997; emergency amendment at 21 Ill. Reg. 10061, effective July 21, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 12859, effective September 8, 1997, for a maximum of 150 days; peremptory amendment at 21 Ill. Reg. 14267, effective October 14, 1997; peremptory amendment at 21 Ill. Reg. 14589, effective October 15, 1997; peremptory amendment at 21 Ill. Reg. 15030, effective November 10, 1997; amended at 21 Ill. Reg. 16344, effective December 9, 1997; peremptory amendment at 21 Ill. Reg. 16465, effective December 4, 1997; peremptory amendment at 21 Ill. Reg. 17167, effective December 9, 1997; peremptory amendment at 22 Ill. Reg. 1593, effective December 22, 1997; amended at 22 Ill. Reg. 2580, effective January 14, 1998; peremptory amendment at 22 Ill. Reg. 4326, effective February 13, 1998; peremptory amendment at 22 Ill. Reg. 5108, effective February 26, 1998; peremptory amendment at 22 Ill. Reg. 5749, effective March 3, 1998; amended at 22 Ill. Reg. 6204, effective March 12, 1998; peremptory amendment at 22 Ill. Reg. 7053, effective April 1, 1998; peremptory amendment at 22 Ill. Reg. 7320, effective April 10, 1998; peremptory amendment at 22 Ill. Reg. 7692, effective April 20, 1998; emergency amendment at 22 Ill. Reg. 12607, effective July 2, 1998, for a maximum of 150 days; peremptory amendment at 22 Ill. Reg. 15489, effective August 7, 1998; amended at 22 Ill. Reg. 16158, effective August 31, 1998; peremptory amendment at 22 Ill. Reg. 19105, effective September 30, 1998; peremptory amendment at 22 Ill. Reg. 19943, effective October 27, 1998; peremptory amendment at 22 Ill. Reg. 20406, effective November 5, 1998; amended at 22 Ill. Reg. 20581, effective November 16, 1998; amended at 23 Ill. Reg. 664, effective January 1, 1999; peremptory amendment at 23 Ill. Reg. 730, effective December 29, 1998; emergency amendment at 23 Ill. Reg. 6533, effective May 10, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 7065, effective June 3, 1999; emergency amendment at 23 Ill. Reg. 8169, effective July 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 11020, effective August 26, 1999; amended at 23 Ill. Reg. 12429, effective September 21, 1999; peremptory amendment at 23 Ill. Reg. 12493, effective September 23, 1999; amended at 23 Ill. Reg. 12604, effective September 24, 1999; amended at 23 Ill. Reg. 13053, effective September 27, 1999; peremptory amendment at 23 Ill. Reg. 13132, effective October 1, 1999; amended at 23 Ill. Reg. 13570, effective October 26, 1999; amended at 23 Ill. Reg. 14020, effective November 15, 1999; amended at 24 Ill. Reg. 1025, effective January 7, 2000; peremptory amendment at 24 Ill. Reg. 3399, effective February 3, 2000; amended at 24 Ill. Reg. 3537, effective February 18, 2000; amended at 24 Ill. Reg. 6874, effective April 21, 2000; amended at 24 Ill. Reg. 7956, effective May 23, 2000; emergency amendment at 24 Ill. Reg. 10328, effective July 1, 2000, for a maximum of 150 days; emergency expired November 27, 2000; peremptory amendment at 24 Ill. Reg. 10767, effective July 3, 2000; amended at 24 Ill. Reg. 13384, effective August 17, 2000; peremptory amendment at 24 Ill. Reg. 14460, effective September 14, 2000;

ILLINOIS REGISTER 9898 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS peremptory amendment at 24 Ill. Reg. 16700, effective October 30, 2000; peremptory amendment at 24 Ill. Reg. 17600, effective November 16, 2000; amended at 24 Ill. Reg. 18058, effective December 4, 2000; peremptory amendment at 24 Ill. Reg. 18444, effective December 1, 2000; amended at 25 Ill. Reg. 811, effective January 4, 2001; amended at 25 Ill. Reg. 2389, effective January 22, 2001; amended at 25 Ill. Reg. 4552, effective March 14, 2001; peremptory amendment at 25 Ill. Reg. 5067, effective March 21, 2001; amended at 25 Ill. Reg. 5618, effective April 4, 2001; amended at 25 Ill. Reg. 6655, effective May 11, 2001; amended at 25 Ill. Reg. 7151, effective May 25, 2001; peremptory amendment at 25 Ill. Reg. 8009, effective June 14, 2001; emergency amendment at 25 Ill. Reg. 9336, effective July 3, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 9846, effective July 23, 2001; amended at 25 Ill. Reg. 12087, effective September 6, 2001; amended at 25 Ill. Reg. 15560, effective November 20, 2001; peremptory amendment at 25 Ill. Reg. 15671, effective November 15, 2001; amended at 25 Ill. Reg. 15974, effective November 28, 2001; emergency amendment at 26 Ill. Reg. 223, effective December 21, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 1143, effective January 17, 2002; amended at 26 Ill. Reg. 4127, effective March 5, 2002; peremptory amendment at 26 Ill. Reg. 4963, effective March 15, 2002; amended at 26 Ill. Reg. 6235, effective April 16, 2002; emergency amendment at 26 Ill. Reg. 7314, effective April 29, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 10425, effective July 1, 2002; emergency amendment at 26 Ill. Reg. 10952, effective July 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 13934, effective September 10, 2002; amended at 26 Ill. Reg. 14965, effective October 7, 2002; emergency amendment at 26 Ill. Reg. 16583, effective October 24, 2002, for a maximum of 150 days; emergency expired March 22, 2003; peremptory amendment at 26 Ill. Reg. 17280, effective November 18, 2002; amended at 26 Ill. Reg. 17374, effective November 25, 2002; amended at 26 Ill. Reg. 17987, effective December 9, 2002; amended at 27 Ill. Reg. 3261, effective February 11, 2003; expedited correction at 28 Ill. Reg. 6151, effective February 11, 2003; amended at 27 Ill. Reg. 8855, effective May 15, 2003; amended at 27 Ill. Reg. 9114, effective May 27, 2003; emergency amendment at 27 Ill. Reg. 10442, effective July 1, 2003, for a maximum of 150 days; emergency expired November 27, 2003; peremptory amendment at 27 Ill. Reg. 17433, effective November 7, 2003; amended at 27 Ill. Reg. 18560, effective December 1, 2003; peremptory amendment at 28 Ill. Reg. 1441, effective January 9, 2004; amended at 28 Ill. Reg. 2684, effective January 22, 2004; amended at 28 Ill. Reg. 6879, effective April 30, 2004; peremptory amendment at 28 Ill. Reg. 7323, effective May 10, 2004; amended at 28 Ill. Reg. 8842, effective June 11, 2004; peremptory amendment at 28 Ill. Reg. 9717, effective June 28, 2004; amended at 28 Ill. Reg. 12585, effective August 27, 2004; peremptory amendment at 28 Ill. Reg. 13011, effective September 8, 2004; peremptory amendment at 28 Ill. Reg. 13247, effective September 20, 2004; peremptory amendment at 28 Ill. Reg. 13656, effective September 27, 2004; emergency amendment at 28 Ill. Reg. 14174, effective October 15, 2004, for a maximum of 150 days; emergency expired March 13, 2005; peremptory amendment at 28 Ill. Reg. 14689, effective October 22, 2004; peremptory amendment at 28 Ill. Reg. 15336, effective

ILLINOIS REGISTER 9899 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

November 15, 2004; peremptory amendment at 28 Ill. Reg. 16513, effective December 9, 2004; peremptory amendment at 29 Ill. Reg. 726, effective December 15, 2004; amended at 29 Ill. Reg. 1166, effective January 7, 2005; peremptory amendment at 29 Ill. Reg. 1385, effective January 4, 2005; peremptory amendment at 29 Ill. Reg. 1559, effective January 11, 2005; peremptory amendment at 29 Ill. Reg. 2050, effective January 19, 2005; peremptory amendment at 29 Ill. Reg. 4125, effective February 23, 2005; amended at 29 Ill. Reg. 5375, effective April 4, 2005; peremptory amendment at 29 Ill. Reg. 6105, effective April 14, 2005; peremptory amendment at 29 Ill. Reg. 7217, effective May 6, 2005; peremptory amendment at 29 Ill. Reg. 7840, effective May 10, 2005; amended at 29 Ill. Reg. 8110, effective May 23, 2005; peremptory amendment at 29 Ill. Reg. 8214, effective May 23, 2005; peremptory amendment at 29 Ill. Reg. 8418, effective June 1, 2005; amended at 29 Ill. Reg. 9319, effective July 1, 2005; peremptory amendment at 29 Ill. Reg. 12076, effective July 15, 2005; peremptory amendment at 29 Ill. Reg. 13265, effective August 11, 2005; amended at 29 Ill. Reg. 13540, effective August 22, 2005; peremptory amendment at 29 Ill. Reg. 14098, effective September 2, 2005; amended at 29 Ill. Reg. 14166, effective September 9, 2005; amended at 29 Ill. Reg. 19551, effective November 21, 2005; emergency amendment at 29 Ill. Reg. 20554, effective December 2, 2005, for a maximum of 150 days; peremptory amendment at 29 Ill. Reg. 20693, effective December 12, 2005; peremptory amendment at 30 Ill. Reg. 623, effective December 28, 2005; peremptory amendment at 30 Ill. Reg. 1382, effective January 13, 2006; amended at 30 Ill. Reg. 2289, effective February 6, 2006; peremptory amendment at 30 Ill. Reg. 4157, effective February 22, 2006; peremptory amendment at 30 Ill. Reg. 5687, effective March 7, 2006; peremptory amendment at 30 Ill. Reg. 6409, effective March 30, 2006; amended at 30 Ill. Reg. 7857, effective April 17, 2006; amended at 30 Ill. Reg. 9438, effective May 15, 2006; peremptory amendment at 30 Ill. Reg. 10153, effective May 18, 2006; peremptory amendment at 30 Ill. Reg. 10508, effective June 1, 2006; amended at 30 Ill. Reg. 11336, effective July 1, 2006; emergency amendment at 30 Ill. Reg. 12340, effective July 1, 2006, for a maximum of 150 days; peremptory amendment at 30 Ill. Reg. 12418, effective July 1, 2006; amended at 30 Ill. Reg. 12761, effective July 17, 2006; peremptory amendment at 30 Ill. Reg. 13547, effective August 1, 2006; peremptory amendment at 30 Ill. Reg. 15059, effective September 5, 2006; peremptory amendment at 30 Ill. Reg. 16439, effective September 27, 2006; emergency amendment at 30 Ill. Reg. 16626, effective October 3, 2006, for a maximum of 150 days; peremptory amendment at 30 Ill. Reg. 17603, effective October 20, 2006; amended at 30 Ill. Reg. 18610, effective November 20, 2006; peremptory amendment at 30 Ill. Reg. 18823, effective November 21, 2006; peremptory amendment at 31 Ill. Reg. 230, effective December 20, 2006; emergency amendment at 31 Ill. Reg. 1483, effective January 1, 2007, for a maximum of 150 days; peremptory amendment at 31 Ill. Reg. 2485, effective January 17, 2007; peremptory amendment at 31 Ill. Reg. 4445, effective February 28, 2007; amended at 31 Ill. Reg. 4982, effective March 15, 2007; peremptory amendment at 31 Ill. Reg. 7338, effective May 3, 2007; amended at 31 Ill. Reg. 8901, effective July 1, 2007; emergency amendment at 31 Ill. Reg. 10056, effective July 1, 2007, for a maximum of 150 days;

ILLINOIS REGISTER 9900 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS peremptory amendment at 31 Ill. Reg. 10496, effective July 6, 2007; peremptory amendment at 31 Ill. Reg. 12335, effective August 9, 2007; emergency amendment at 31 Ill. Reg. 12608, effective August 16, 2007, for a maximum of 150 days; emergency amendment at 31 Ill. Reg. 13220, effective August 30, 2007, for a maximum of 150 days; peremptory amendment at 31 Ill. Reg. 13357, effective August 29, 2007; amended at 31 Ill. Reg. 13981, effective September 21, 2007; peremptory amendment at 31 Ill. Reg. 14331, effective October 1, 2007; amended at 31 Ill. Reg. 16094, effective November 20, 2007; amended at 31 Ill. Reg. 16792, effective December 13, 2007; peremptory amendment at 32 Ill. Reg. 598, effective December 27, 2007; amended at 32 Ill. Reg. 1082, effective January 11, 2008; peremptory amendment at 32 Ill. Reg. 3095, effective February 13, 2008; peremptory amendment at 32 Ill. Reg. 6097, effective March 25, 2008; peremptory amendment at 32 Ill. Reg. 7154, effective April 17, 2008; expedited correction at 32 Ill. Reg. 9747, effective April 17, 2008; peremptory amendment at 32 Ill. Reg. 9360, effective June 13, 2008; amended at 32 Ill. Reg. 9881, effective July 1, 2008; peremptory amendment at 32 Ill. Reg. 12065, effective July 9, 2008; peremptory amendment at 32 Ill. Reg. 13861, effective August 8, 2008; peremptory amendment at 32 Ill. Reg. 16591, effective September 24, 2008; peremptory amendment at 32 Ill. Reg. 16872, effective October 3, 2008; peremptory amendment at 32 Ill. Reg. 18324, effective November 14, 2008; peremptory amendment at 33 Ill. Reg. 98, effective December 19, 2008; amended at 33 Ill. Reg. 2148, effective January 26, 2009; peremptory amendment at 33 Ill. Reg. 3530, effective February 6, 2009; peremptory amendment at 33 Ill. Reg. 4202, effective February 26, 2009; peremptory amendment at 33 Ill. Reg. 5501, effective March 25, 2009; peremptory amendment at 33 Ill. Reg. 6354, effective April 15, 2009; peremptory amendment at 33 Ill. Reg. 6724, effective May 1, 2009; peremptory amendment at 33 Ill. Reg. 9138, effective June 12, 2009; emergency amendment at 33 Ill. Reg. 9432, effective July 1, 2009, for a maximum of 150 days; amended at 33 Ill. Reg. 10211, effective July 1, 2009; peremptory amendment at 33 Ill. Reg. 10823, effective July 2, 2009; peremptory amendment at 33 Ill. Reg. 11082, effective July 10, 2009; peremptory amendment at 33 Ill. Reg. 11698, effective July 23, 2009; peremptory amendment at 33 Ill. Reg. 11895, effective July 31, 2009; peremptory amendment at 33 Ill. Reg. 12872, effective September 3, 2009; amended at 33 Ill. Reg. 14944, effective October 26, 2009; peremptory amendment at 33 Ill. Reg. 16598, effective November 13, 2009; peremptory amendment at 34 Ill. Reg. 305, effective December 18, 2009; emergency amendment at 34 Ill. Reg. 957, effective January 1, 2010, for a maximum of 150 days; peremptory amendment at 34 Ill. Reg. 1425, effective January 5, 2010; peremptory amendment at 34 Ill. Reg. 3684, effective March 5, 2010; peremptory amendment at 34 Ill. Reg. 5776, effective April 2, 2010; peremptory amendment at 34 Ill. Reg. 6214, effective April 16, 2010; amended at 34 Ill. Reg. 6583, effective April 30, 2010; peremptory amendment at 34 Ill. Reg. 7528, effective May 14, 2010; amended at 34 Ill. Reg. 7645, effective May 24, 2010; peremptory amendment at 34 Ill. Reg. 7947, effective May 26, 2010; peremptory amendment at 34 Ill. Reg. 8633, effective June 18, 2010; amended at 34 Ill. Reg. 9759, effective July 1, 2010; peremptory amendment at 34 Ill. Reg. 10536, effective

ILLINOIS REGISTER 9901 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

July 9, 2010; peremptory amendment at 34 Ill. Reg. 11864, effective July 30, 2010; emergency amendment at 34 Ill. Reg. 12240, effective August 9, 2010, for a maximum of 150 days; peremptory amendment at 34 Ill. Reg. 13204, effective August 26, 2010; peremptory amendment at 34 Ill. Reg. 13657, effective September 8, 2010; peremptory amendment at 34 Ill. Reg. 15897, effective September 30, 2010; peremptory amendment at 34 Ill. Reg. 18912, effective November 15, 2010; peremptory amendment at 34 Ill. Reg. 19582, effective December 3, 2010; amended at 35 Ill. Reg. 765, effective December 30, 2010; emergency amendment at 35 Ill. Reg. 1092, effective January 1, 2011, for a maximum of 150 days; peremptory amendment at 35 Ill. Reg. 2465, effective January 19, 2011; peremptory amendment at 35 Ill. Reg. 3577, effective February 10, 2011; emergency amendment at 35 Ill. Reg. 4412, effective February 23, 2011, for a maximum of 150 days; peremptory amendment at 35 Ill. Reg. 4803, effective March 11, 2011; emergency amendment at 35 Ill. Reg. 5633, effective March 15, 2011, for a maximum of 150 days; peremptory amendment at 35 Ill. Reg. 5677, effective March 18, 2011; amended at 35 Ill. Reg. 8419, effective May 23, 2011; amended at 35 Ill. Reg. 11245, effective June 28, 2011; emergency amendment at 35 Ill. Reg. 11657, effective July 1, 2011, for a maximum of 150 days; emergency expired November 27, 2011; peremptory amendment at 35 Ill. Reg. 12119, effective June 29, 2011; peremptory amendment at 35 Ill. Reg. 13966, effective July 29, 2011; peremptory amendment at 35 Ill. Reg. 15178, effective August 29, 2011; emergency amendment at 35 Ill. Reg. 15605, effective September 16, 2011, for a maximum of 150 days; peremptory amendment at 35 Ill. Reg. 15640, effective September 15, 2011; peremptory amendment at 35 Ill. Reg. 19707, effective November 23, 2011; amended at 35 Ill. Reg. 20144, effective December 6, 2011; amended at 36 Ill. Reg. 153, effective December 22, 2011; peremptory amendment at 36 Ill. Reg. 564, effective December 29, 2011; peremptory amendment at 36 Ill. Reg. 3957, effective February 24, 2012; peremptory amendment at 36 Ill. Reg. 4158, effective March 5, 2012; peremptory amendment at 36 Ill. Reg. 4437, effective March 9, 2012; amended at 36 Ill. Reg. 4707, effective March 19, 2012; amended at 36 Ill. Reg. 8460, effective May 24, 2012; peremptory amendment at 36 Ill. Reg. 10518, effective June 27, 2012; emergency amendment at 36 Ill. Reg. 11222, effective July 1, 2012, for a maximum of 150 days; peremptory amendment at 36 Ill. Reg. 13680, effective August 15, 2012; peremptory amendment at 36 Ill. Reg. 13973, effective August 22, 2012; peremptory amendment at 36 Ill. Reg. 15498, effective October 16, 2012; amended at 36 Ill. Reg. 16213, effective November 1, 2012; peremptory amendment at 36 Ill. Reg. 17138, effective November 20, 2012; peremptory amendment at 37 Ill. Reg. 3408, effective March 7, 2013; amended at 37 Ill. Reg. 4750, effective April 1, 2013; peremptory amendment at 37 Ill. Reg. 5925, effective April 18, 2013; peremptory amendment at 37 Ill. Reg. 9563, effective June 19, 2013; amended at 37 Ill. Reg. 9939, effective July 1, 2013; emergency amendment at 37 Ill. Reg. 11395, effective July 1, 2013, for a maximum of 150 days; peremptory amendment at 37 Ill. Reg. 11524, effective July 3, 2013; peremptory amendment at 37 Ill. Reg. 12588, effective July 19, 2013; peremptory amendment at 37 Ill. Reg. 13762, effective August 8, 2013; peremptory amendment at 37 Ill. Reg. 14219, effective August 23,

ILLINOIS REGISTER 9902 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

2013; amended at 37 Ill. Reg. 16925, effective October 8, 2013; peremptory amendment at 37 Ill. Reg. 17164, effective October 18, 2013; peremptory amendment at 37 Ill. Reg. 20410, effective December 6, 2013; peremptory amendment at 38 Ill. Reg. 2974, effective January 9, 2014; amended at 38 Ill. Reg. 5250, effective February 4, 2014; peremptory amendment at 38 Ill. Reg. 6725, effective March 6, 2014; emergency amendment at 38 Ill. Reg. 9080, effective April 11, 2014, for a maximum of 150 days; peremptory amendment at 38 Ill. Reg. 9136, effective April 11, 2014; amended at 38 Ill. Reg. 9207, effective April 21, 2014; peremptory amendment at 38 Ill. Reg. 13416, effective June 11, 2014; amended at 38 Ill. Reg. 14818, effective July 1, 2014; peremptory amendment at 38 Ill. Reg. 15739, effective July 2, 2014; peremptory amendment at 38 Ill. Reg. 17481, effective July 29, 2014; amended at 38 Ill. Reg. 17556, effective August 6, 2014; peremptory amendment at 38 Ill. Reg. 18791, effective August 26, 2014; peremptory amendment at 38 Ill. Reg. 19806, effective September 26, 2014; amended at 38 Ill. Reg. 20695, effective October 14, 2014; amended at 38 Ill. Reg. 24005, effective December 9, 2014; peremptory amendment at 39 Ill. Reg. 728, effective December 23, 2014; emergency amendment at 39 Ill. Reg. 708, effective December 26, 2014, for a maximum of 150 days; peremptory amendment at 39 Ill. Reg. 6964, effective April 29, 2015; amended at 39 Ill. Reg. 7878, effective May 22, 2015; amended at 39 Ill. Reg. 11220, effective July 28, 2015; peremptory amendment at 39 Ill. Reg. 12004, effective August 13, 2015; peremptory amendment at 39 Ill. Reg. 15807, effective November 25, 2015; amended at 40 Ill. Reg. 5893, effective March 28, 2016; peremptory amendment at 40 Ill. Reg. 8462, effective June 1, 2016; peremptory amendment at 40 Ill. Reg. 9658, effective June 30, 2016; amended at 40 Ill. Reg. 9356, effective July 1, 2016; peremptory amendment at 40 Ill. Reg. 11207, effective August 5, 2016; peremptory amendment at 41 Ill. Reg. 1210, effective January 19, 2017; amended at 41 Ill. Reg. 1695, effective January 25, 2017; peremptory amendment at 41 Ill. Reg. 2078, effective February 2, 2017; amended at 41 Ill. Reg. 3191, effective March 6, 2017; amended at 41 Ill. Reg. 4615, effective April 24, 2017; peremptory amendment at 41 Ill. Reg. 5822, effective May 15, 2017; peremptory amendment at 41 Ill. Reg. 6695, effective May 24, 2017; peremptory amendment at 41 Ill. Reg. 7227, effective June 9, 2017; amended at 41 Ill. Reg. 8314, effective July 1, 2017; peremptory amendment at 41 Ill. Reg. 10974, effective August 10, 2017; peremptory amendment at 41 Ill. Reg. 11447, effective August 25, 2017; peremptory amendment at 41 Ill. Reg. 12179, effective September 13, 2017; peremptory amendment at 41 Ill. Reg. 15837, effective December 12, 2017; amended at 42 Ill. Reg. 712, effective December 28, 2017; amended at 42 Ill. Reg. 5357, effective March 9, 2018; peremptory amendment at 42 Ill. Reg. 8967, effective May 16, 2018; amended at 42 Ill. Reg. 13464, effective July 1, 2018; amended at 42 Ill. Reg. 16651, effective September 4, 2018; peremptory amendment at 43 Ill. Reg. 3999, effective March 15, 2019; amended at 43 Ill. Reg. 8746, effective July 31, 2019; peremptory amendment at 43 Ill. Reg. 9886, effective August 21, 2019.

SUBPART A: NARRATIVE

ILLINOIS REGISTER 9903 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Section 310.47 In-Hire Rate

a) Use – No employee in a position in which the position and/or the employee meet the criteria of an in-hire rate receives less than the in-hire rate. The in-hire rate is used when a candidate only meets the minimum requirements of the class specification upon entry to State service (Section 310.100(b)(1), 310.490(b)(1) or 310.495(b)(1)), when an employee moves to a vacant position (Section 310.45) or when an MS salary range is assigned to a Trainee Program (Section 310.415(b)).

b) Request – An agency head may request in writing that the Director of Central Management Services approve or negotiate an in-hire rate. The in-hire rate is a Step or dollar amount depending on whether the classification title is assigned to a negotiated full scale rate, negotiated pay grade, merit compensation salary range or broad-band salary range. The in-hire rate may be for the classification title or limited within the classification title to the agency, facilities, counties or other criteria. The supporting justifications for the requested in-hire rate and the limitations are included in the agency request. An effective date may be included in the request.

c) Review – The Director of Central Management Services shall review the supporting justifications, the turnover rate, the length of vacancies, the currently filled positions for the classification title, and the market starting rates for similar classes, and consult with other agencies using the classification title. Other factors may be included in the review and negotiation of negotiated in-hire rates.

d) Approval or Negotiated –

1) Approval − The Director of Central Management Services indicates in writing the approved in-hire rate and effective date, which is either the date requested by the agency or the beginning of the next pay period after the approval.

2) Negotiated – The Director of Central Management Services and the bargaining unit representative indicate in writing the in-hire rates and effective date, which is either the date indicated in the agreement, the date of the agreement's signature or the beginning of the next pay period after the signatures are secured on the agreement.

ILLINOIS REGISTER 9904 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS e) Implementation – In the classification title or within the limitations of the classification title and when the in-hire rate is above the normal minimum of the assigned salary range or pay grade, an employee paid below the in-hire rate receives the in-hire rate on the approved effective date. The in-hire rate remains in effect for any employee entering the title or the limits within the title until the title is abolished or an agency request to rescind the in-hire rate is approved by the Director of Central Management Services or negotiated by the Director of Central Management Services and the bargaining unit representative. f) Approved or Negotiated In-Hire Rates –

1) Assigned to a Classification –

A) Approved and Assigned to a Pay Grade or Salary Range −

Pay Grade or In-Hire Title Salary Range Effective Date Rate

Commerce Commission Police MS-10 January 1, 2008 $2,943 Officer Trainee Correctional Officer RC-006-09 January 1, 2008 Step 1 Correctional Officer Trainee RC-006-05 January 1, 2008 Step 1 Environmental Engineer I RC-063-15 January 1, 2008 Step 2 Environmental Protection RC-063-15 January 1, 2008 Step 5 Engineer I Environmental Protection RC-063-17 January 1, 2008 Step 4 Engineer II Internal Auditor Trainee MS-09 January 1, 2008 $2,854

B) Negotiated and Assigned to a Full Scale Rate – The rates are located in Appendix A Table D for bargaining unit HR-001, in Appendix A Table E for bargaining unit RC-020, in Appendix A Table F for RC-019 and in Appendix A Table G for bargaining unit RC-045.

Bargaining In-Hire Title Unit Effective Date Rate

Auto & Body Repairer RC-045 July 1, 2013 75%

ILLINOIS REGISTER 9905 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Automotive Attendant I RC-045 July 1, 2013 75% Automotive Attendant II RC-045 July 1, 2013 75% Automotive Mechanic RC-045 July 1, 2013 75% Automotive Parts Warehouse RC-045 July 1, 2013 75% Specialist Automotive Parts Warehouser RC-045 July 1, 2013 75% Bridge Mechanic RC-019 July 8, 2013 75% Bridge Mechanic RC-020 June 26, 2013 75% Bridge Tender RC-019 July 8, 2013 75% Bridge Tender RC-020 June 26, 2013 75% Building Services Worker HR-001 July 24, 2013 75% Conservation Police Lieutenant RC-104 July 31, 2019 * Conservation Police Sergeant RC-104 July 31, 2019 * Deck Hand RC-019 July 8, 2013 75% Elevator Operator HR-001 July 24, 2013 75% Ferry Operator I RC-019 July 8, 2013 75% Ferry Operator II RC-019 July 8, 2013 75% Grounds Supervisor HR-001 July 24, 2013 75% Heavy Construction Equipment HR-001 July 24, 2013 75% Operator Heavy Construction Equipment RC-020 June 26, 2013 75% Operator Highway Maintainer HR-001 November 1, 75% 2009 Highway Maintainer RC-019 July 8, 2013 75% Highway Maintainer RC-020 June 26, 2013 75% Highway Maintenance Lead HR-001 July 24, 2013 75% Worker Highway Maintenance Lead RC-019 July 8, 2013 75% Worker Highway Maintenance Lead RC-020 June 26, 2013 75% Worker Highway Maintenance Lead RC-019 July 8, 2013 75% Worker (Lead Lead Worker) Highway Maintenance Lead RC-020 June 26, 2013 75% Worker (Lead Lead Worker) Janitor I (Including Office of RC-019 July 8, 2013 75% Administration)

ILLINOIS REGISTER 9906 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Janitor II (Including Office of RC-019 July 8, 2013 75% Administration) Labor Maintenance Lead RC-019 July 8, 2013 75% Worker Labor Maintenance Lead RC-020 June 26, 2013 75% Worker Laborer (Maintenance) HR-001 July 24, 2013 75% Laborer (Maintenance) RC-019 July 8, 2013 75% Laborer (Maintenance) RC-020 June 26, 2013 75% Maintenance Equipment HR-001 July 24, 2013 75% Operator Maintenance Equipment RC-019 July 8, 2013 75% Operator Maintenance Equipment RC-020 June 26, 2013 75% Operator Maintenance Worker HR-001 July 24, 2013 75% Maintenance Worker RC-019 July 8, 2013 75% Maintenance Worker RC-020 June 26, 2013 75% Power Shovel Operator HR-001 July 24, 2013 75% (Maintenance) Power Shovel Operator RC-019 July 8, 2013 75% (Maintenance) Power Shovel Operator RC-020 June 26, 2013 75% (Maintenance) Security Guard I RC-019 July 8, 2013 75% Security Guard II RC-019 July 8, 2013 75% Silk Screen Operator RC-019 July 8, 2013 75% Silk Screen Operator RC-020 June 26, 2013 75% Small Engine Mechanic RC-045 July 1, 2013 75% Storekeeper I** RC-045 July 1, 2013 75% Storekeeper II** RC-045 July 1, 2013 75%

* New bargaining unit members, regardless of their current rank, shall be hired at 33% of the differential between a Conservation Police Officer II and the new member's new rank at the appropriate longevity level. ** Storekeeper I & Storekeeper II serving as Automotive Parts Warehouser in Cook County.

ILLINOIS REGISTER 9907 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

2) Based on the Position's Work Location or Employee's Credential or Residency –

Pay Grade or Salary Location or Effective Title Range Residency Credential Date In-Hire Rate

Bridge Tender MS-18 Department of Temporary January 1, $4,696/month Transportation Employee 2017

Civil Engineer NR-916 None identified Bachelor's January 1, Add to Trainee degree in 2008 minimum accredited monthly rate civil $40/quarter engineering work program experience up to 8

Civil Engineer NR-916 None identified Passed January 1, Add to Trainee Engineering 2008 minimum Intern exam monthly rate $60/month

Civil Engineer NR-916 None identified Job-Related January 1, Add to Trainee Master's 2012 minimum degree monthly rate $40/month for each year of full-time graduate study as a substitute for job-related experience up to two years

Conservation/ MS-01 Department of None January 1, $9.00/hour or Historic Natural 2018 $1,468/month Preservation Resources Worker

ILLINOIS REGISTER 9908 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Deck Hand MS-15 Department of Temporary January 1, $4,512/month Transportation Employee 2017

Engineering NR-916 None identified Completed 2 January 1, $2,845 Technician I years of 2012 college in civil engineering or job related technical/ science curriculum (60 semester /90 quarter hours credit)

Engineering NR-916 None identified Completed 3 January 1, $2,730 Technician I years of 2012 college in areas other than civil engineering or job related technical/ science curriculum (90 semester /135 quarter hours credit)

Engineering NR-916 None identified Associate January 1, $2,975 Technician I Degree from 2012 an accredited 2 year civil engineering technology program

ILLINOIS REGISTER 9909 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Engineering NR-916 None identified Completed 3 January 1, $2,975 Technician I years of 2012 college courses in civil engineering or job related technical/ science curriculum (90 semester/ 135 quarter hours credit)

Engineering NR-916 None identified Completed 4 January 1, $2,845 Technician I years of 2012 college courses in areas other than civil engineering or job related technical/ science curriculum (120 semester /180 quarter hours credit)

ILLINOIS REGISTER 9910 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Engineering NR-916 None identified Completed 4 January 1, $3,095 Technician I years of 2012 college in civil engineering or job related technical/ science curriculum (120 semester/180 quarter hours credit includes appointees from unaccredited engineering programs and those who have not yet obtained a degree)

Engineering NR-916 None identified Bachelor of January 1, $3,510 Technician I and Science 2012 II Degree from an accredited 4 year program in civil engineering technology, industrial technology, and construction technology

Ferry Operator I MS-18 Department of Temporary January 1, $4,696/month Transportation Employee 2017

Forensic Scientist RC-062- None identified Meets January 1, Step 1 Trainee 15 minimum 2008

ILLINOIS REGISTER 9911 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

class requirements or completed Forensic Science Residency Program at the U of I- Chicago

Highway MS-18 Department of None October 1, $20.55/hour or Maintainer Transportation identified 2007 $3,575/month beyond class requirements Information RC-063- Work outside Computer January 1, Step 4 Services Intern 15 Cook County Science 2008 degree at 4- year college

Information RC-063- Work in Cook Computer January 1, Step 6 Services Intern 15 County Science 2008 degree at 4- year college

Information RC-063- Work outside Computer January 1, Step 2 Services Intern 15 Cook County Science 2008 degree at 2- year technical school

Information RC-063- Work in Cook Computer January 1, Step 4 Services Intern 15 County Science 2008 degree at 2- year technical school

Information RC-063- Work in Cook Non- January 1, Step 3 Services Intern 15 County Computer 2008 Science degree at 4- year college

ILLINOIS REGISTER 9912 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Information RC-063- Work in Cook None January 1, Step 2 Services 17 County identified 2008 Specialist I beyond class requirements

Juvenile Justice RC-006- None identified Master's September Step 2 Specialist 14 degree 1, 2008

Juvenile Justice RC-006- None identified Master's September Step 2 Specialist Intern 11 degree 1, 2008

Meat & Poultry RC-029 Work in Regions None May 15, Step 1 Inspector Trainee 1 and 6 identified 2014 beyond class requirements

Physician RC-063- Work in Alton, None May 1, 2018 Step 5 Specialist, Option MD-C Chester, Choate, identified C Ludeman, beyond class McFarland and requirements Murray facilities

Physician RC-063- Work in Alton, None May 1, 2018 Step 5 Specialist, Option MD-D Chester, Choate, identified D Ludeman, beyond class McFarland and requirements Murray facilities

Products & MS-09 Work in Cook, None January 1, $3,057 Standards DuPage, Lake, identified 2008 Inspector Trainee Kane, and Will beyond class counties requirements

Products & MS-09 Work in counties None January 1, $2,854 Standards outside Cook, identified 2008 Inspector Trainee DuPage, Lake, beyond class Kane, and Will requirements counties

ILLINOIS REGISTER 9913 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Student Intern MS-01 Department Bachelor's September $1,600 (Governor's of Natural degree in plant 16, 2013 Natural Resources or animal Resources ecology, Fellowship botany, Program) forestry, wildlife biology, ecology or environmental zoology and enrolled in Master's program

Telecommunicator RC-014- Work in District None January 1, Step 2 12 2 identified 2008 beyond class requirements

Telecommunicator RC-014- Work in Kane None January 1, Step 3 Trainee 10 County identified 2008 beyond class requirements

Telecommunicator RC-014- Work in Cook None January 1, Step 7 Trainee 10 County identified 2008 beyond class requirements

(Source: Amended by peremptory rulemaking at 43 Ill. Reg. 9886, effective August 21, 2019)

ILLINOIS REGISTER 9914 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Section 310.APPENDIX A Negotiated Rates of Pay

Section 310.TABLE A RC-104 (Conservation Police Supervisors, Illinois Fraternal Order of Police Labor Council)

Title Title Code Bargaining Unit Pay Plan Code Conservation Police Sergeant 09347 RC-104 Q Conservation Police Lieutenant 09339 RC-104 Q

NOTES: Determination of Pay Grade Assignment to Classification – The State agrees to negotiated with the Union as to the appropriate pay grade to be assigned to job classifications determined to be in the RC-104 bargaining unit. If no agreement is reached between the parties, the Union shall be allowed to file a grievance in accordance with Article X of the Agreement between the State of Illinois-Department of Central Management Services (Natural Resources) and the Illinois Fraternal Order of Police (FOP) Labor Council signed July 31, 2019. The grievance shall be filed at Step 4 of the grievance procedure. In the event that an appropriate resolution is not reached at Step 4, then the issue may be submitted to an arbitrator, The arbitrator shall determine the reasonableness of the proposed salary grade in relationship to: a) the job content and responsibilities attached thereto in comparison with the job content and responsibilities of other position classifications in the classification series and in the bargaining unit; b) like position with similar job content and responsibilities within the labor market generally. The pay grade originally assigned by the State shall remain in effect pending the arbitrator's decision.

Step Placement – Employees shall have their salary history rebuilt and employees shall be placed on the correct step for the salary steps missed during the 2015 through 2019 contract years, which includes back pay for steps missed including promotional steps missed.

Stipend – Effective June 30, 2019, all bargaining unit employees shall receive a one- time stipend of $2,500 prorated by 25% for each year the employee was employed from July 1, 2015 through July 1, 2019.

Satisfactory Performance Increase (Step Increase) – For Steps 1 through 7, employees shall receive a step increase to the next higher step upon satisfactory completion of twelve months of creditable service in the step and within the position classification, including successor title changes not involving pay grade changes.

ILLINOIS REGISTER 9915 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Clothing and Equipment Reimbursement – The State shall provide any special clothing, and/or equipment or the equivalent by reimbursement that is required by the State and/or is determined by the State as being necessary for the employees to perform their work. The State shall pay for the maintenance of all clothing and equipment determined by the State as being necessary. The State shall reimburse employees for any losses of personal property incurred as a result of the performance of their official duties.

In-Hire Rate – Effective July 31, 2019, new bargaining unit members, regardless of their current rank, shall be hired at 33% of the differential between a Conservation Police Officer II and the new member's new rank at the appropriate longevity level. Upon successful completion of 18 months of service, the new member shall be paid 66% of the rank differential between a Conservation Police Officer II and the new member's new rank at the appropriate longevity level. Upon completion of 36 months of service, the new member shall be paid 100% of the rank differential between a Conservation Police Officer II and the new member's new rank at the appropriate longevity level.Effective February 14, 2014, a new employee shall be hired at 33% of the differential between a Conservation Police Officer II and the employee's new rank at the appropriate longevity level. Upon successful completion of 18 months of service, the employee shall be paid 66% of the rank differential between a Conservation Police Officer II and the employee's new rank at the appropriate longevity level. Upon successful completion of 36 months of service, the employee shall be paid 100% of the rank differential between a Conservation Police Officer II and the employee's new rank at the appropriate longevity level.

Longevity Bonus – Employees shall receive longevity bonuses at the beginning of the 9, 10, 12.5, 14, 15, 17.5, 20, 21, 22.5 and 25 years of service.

Supervisory Enhancement – Effective January 1, 2014, Conservation Police Sergeants with 15 or more years of service receive a onetime adjustment increase to their rate of pay that is 7.9% above the rate of pay of the Conservation Police Officer II with the same years of service. The Agreement's Appendix A – Wages chart calculation assumes that the Conservation Police Officer II title receives the same general increase as the Conservation Police Sergeants. Effective January 1, 2014, Conservation Police Lieutenants' rate of pay shall reflect an amount 3.9% greater than Sergeants with the same steps or years of service.

ILLINOIS REGISTER 9916 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Effective July 1, 2015

S T E P S Title 1 2 3 4 5 6 7 Conservation Police Sergeant 5598 5884 6168 6456 6755 7072 7236 Conservation Police Lieutenant 5816 6114 6409 6708 7019 7347 7518

Longevity Bonus Rates

9 10 12.5 14 15 17.5 20 21 22.5 25 Title Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Conservation Police Sergeant 7400 7826 8020 8260 8500 8893 9317 9405 9841 10298 Conservation Police Lieutenant 7689 8131 8333 8582 8831 9240 9680 9773 10224 10700

Effective January 1, 2020

S T E P S Title 1 2 3 4 5 6 7 Conservation Police Sergeant 5,682 5,972 6,261 6,553 6,856 7,178 7,345 Conservation Police Lieutenant 5,903 6,206 6,505 6,809 7,124 7,457 7,631

Longevity Bonus Rates

9 10 12.5 14 15 17.5 20 21 22.5 25 Title Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Conservation Police Sergeant 7,511 7,943 8,140 8,384 8,628 9,026 9,457 9,546 9,989 10,452 Conservation Police Lieutenant 7,804 8,253 8,458 8,711 8,963 9,379 9,825 9,920 10,377 10,861

Effective July 1, 2020

S T E P S

ILLINOIS REGISTER 9917 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Title 1 2 3 4 5 6 7 Conservation Police Sergeant 5,801 6,097 6,392 6,691 7,000 7,329 7,499 Conservation Police Lieutenant 6,027 6,336 6,642 6,952 7,274 7,614 7,791

Longevity Bonus Rates

9 10 12.5 14 15 17.5 20 21 22.5 25 Title Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Conservation Police Sergeant 7,669 8,110 8,311 8,560 8,809 9,216 9,656 9,746 10,199 10,671 Conservation Police Lieutenant 7,968 8,426 8,636 8,894 9,151 9,576 10,031 10,128 10,595 11,089

Effective July 1, 2021

S T E P S Title 1 2 3 4 5 6 7 Conservation Police Sergeant 6,030 6,338 6,644 6,955 7,277 7,618 7,795 Conservation Police Lieutenant 6,265 6,586 6,904 7,227 7,561 7,915 8,099

Longevity Bonus Rates

9 10 12.5 14 15 17.5 20 21 22.5 25 Title Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Conservation Police Sergeant 7,972 8,430 8,639 8,898 9,157 9,580 10,037 10,131 10,602 11,093 Conservation Police Lieutenant 8,283 8,759 8,977 9,245 9,512 9,954 10,427 10,528 11,014 11,527

Effective July 1, 2022

S T E P S Title 1 2 3 4 5 6 7 Conservation Police Sergeant 6,268 6,588 6,906 7,230 7,564 7,919 8,103

ILLINOIS REGISTER 9918 19 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PEREMPTORY AMENDMENTS

Conservation Police Lieutenant 6,512 6,846 7,177 7,512 7,860 8,228 8,419

Longevity Bonus Rates

9 10 12.5 14 15 17.5 20 21 22.5 25 Title Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Yrs Conservation Police Sergeant 8,287 8,763 8,980 9,249 9,519 9,958 10,433 10,531 11,021 11,531 Conservation Police Lieutenant 8,610 9,105 9,332 9,610 9,888 10,347 10,839 10,944 11,449 11,982

Effective July 1, 2014

S T E P S Title 1 2 3 4 5 6 7 Conservation Police Sergeant 5598 5884 6168 6456 6755 7072 7236 Conservation Police Lieutenant 5816 6114 6409 6708 7019 7347 7518

Longevity Bonus Rates

(Source: Amended by peremptory rulemaking at 43 Ill. Reg. 9886, effective August 21, 2019)

ILLINOIS REGISTER 9919 19 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

1) Heading of the Part: Developmental Disabilities Services

2) Code Citation: 89 Ill. Adm. Code 144

3) Register Citation to Notice of Proposed Rules: 43 Ill. Reg. 7596; July 12, 2019

4) Date, Time and Location of Public Hearings:

Thursday, September 12, 2019 1:00 p.m. – 3:00 p.m. Michael J. Howlett Building Auditorium 2nd & Edwards Streets Springfield IL

5) Other Pertinent Information: The hearings will be held for the sole purpose of gathering public comments on the proposed amendments. Persons interested in presenting testimony at this hearing are advised that the Illinois Department of Human Services will adhere to the following procedures in the conduct of the hearing:

a) All persons attending the hearing must sign in at the registration desk and those persons wishing to provide oral testimony must indicate this on the registration form in the space provided.

b) No oral testimony shall exceed an aggregate of ten (10) minutes. This time may be reduced based on the number of people testifying.

c) Each person presenting oral testimony shall provide to the hearing officer a written (preferably typed) copy of such testimony at the time the oral testimony is presented. No oral testimony will be accepted without a written copy of the testimony being provided.

d) All oral testimony will be recorded by stenographic or mechanical means.

e) No person will be recognized to speak for a second time until all persons wishing to testify have done so.

ILLINOIS REGISTER 9920 19 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT f) In order to provide for a balanced presentation of views and to facilitate the orderly conduct of the hearing, the hearing officer may impose such other rules of procedures, including the order of call of witnesses, as she/he deems necessary. g) Persons requiring reasonable accommodation due to disability must contact the Bureau of Administrative Rules and Procedures by September 10, 2019. h) Name and address of Agency Contact Person: Questions regarding these proposed amendments or the public hearing shall be directed to:

Tracie Drew, Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue East Harris Building, 3rd Floor Springfield IL 62762

217/785-9772

ILLINOIS REGISTER 9921 19 JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY

SECOND NOTICES RECEIVED

The following second notices were received during the period of August 19, 2019 through August 26, 2019. The rulemakings are scheduled for the September 17, 2019 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 Notice of First JCAR Expires Agency and Rule Notice Meeting

10/9/19 Human Services, Child Care (89 Ill. Adm. Code 7/5/19 9/17/19 50) 43 Ill. Reg. 7361

ILLINOIS REGISTER 9922 19 PROCLAMATIONS

2019-141 Sister Jean Day

WHEREAS, Sister Jean has displayed deep commitment to the Rambler community, not just on the court or in the limelight, but through decades of consistent and meaningful service; and,

WHEREAS, during last year’s March Madness, Sister Jean captured hearts across America and the world; and,

WHEREAS, almost every student who graduates from Loyola has at least one story to tell about Sister Jean – as her door is always open; and,

WHEREAS, Sister Jean is the kind of person who has no limit on the kindness and counsel she can share with the world; and,

WHEREAS, there’s nothing that can change the life of a young person like someone holding out a helping hand or serving as a guiding light through life’s more challenging moments; and,

WHEREAS, the fact that Sister Jean is that person to so many speaks to the power of her grace, and the legacy that comes from a life lived in service of others; and,

WHEREAS, we should all strive to be a little more like Sister Jean;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do proclaim August 21, 2019 as Sister Jean Day in honor of her 100th birthday and declare Illinois lucky to call her one of our own.

Issued by the Governor August 21, 2019 Filed by the Secretary of State August 21, 2019

ILLINOIS ADMINISTRATIVE CODE Issue Index - With Effective Dates Rules acted upon in Volume 43, Issue 36 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 41 - 1000 ...... 9304 11 - 1800 ...... 9312 86 - 3000 ...... 9315 89 - 148 ...... 9318 89 - 149 ...... 9320 86 - 420 ...... 9334 86 - 500 ...... 9345 2 - 552 ...... 9365

ADOPTED RULES 50 - 806 8/26/2019 ...... 9370 50 - 2001 8/26/2019 ...... 9378 50 - 4521 8/26/2019 ...... 9386 17 - 525 8/23/2019 ...... 9392 17 - 530 8/23/2019 ...... 9401 17 - 550 8/23/2019 ...... 9430 17 - 570 8/23/2019 ...... 9448 17 - 590 8/23/2019 ...... 9464 17 - 650 8/23/2019 ...... 9518 17 - 660 8/23/2019 ...... 9526 17 - 670 8/23/2019 ...... 9537 17 - 685 8/23/2019 ...... 9559 17 - 690 8/23/2019 ...... 9568 17 - 710 8/23/2019 ...... 9581 17 - 715 8/23/2019 ...... 9605 17 - 720 8/23/2019 ...... 9612 17 - 730 8/23/2019 ...... 9625 17 - 740 8/23/2019 ...... 9644 17 - 1590 8/23/2019 ...... 9659 35 - 101 8/22/2019 ...... 9674 35 - 225 8/23/2019 ...... 9754

EMERGENCY RULES 11 - 1800 8/19/2019 ...... 9788 86 - 3000 8/23/2019 ...... 9801 89 - 148 8/26/2019 ...... 9813 86 - 130 8/21/2019 ...... 9841

PEREMPTORY RULES 80 - 310 8/21/2019 ...... 9886

EXECUTIVE ORDERS AND PROCLAMATIONS 19 - 141 8/21/2019 ...... 9922